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Author Topic: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"  (Read 55284 times)

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Offline Matty the Damned

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  • Ninja Please
Here we go again.

A circus acrobat accused of spreading HIV to a woman through unprotected sex is being extradited from Sydney to the Gold Coast.

Queensland police have charged Godfrey Zaburoni, 31, with two charges, including grievous bodily harm, after a woman who tested positive to HIV made a complaint against him.

Health officials say other women in Queensland, New South Wales and Victoria could have been infected.


Acting Queensland Deputy Police Commissioner Col McCallum says Zaburoni, who has been HIV positive since 1997, has given authorities the names of 12 women with whom he has had unprotected sex.

"What we're urging for is for anybody involved with this person to come forward. Firstly and primarily we're concerned about their health and wellbeing," he said.

"And we ask them to contact Queensland Health. If they have further concerns, we ask them to contact the police through the CrimeStoppers hotline."

Zaburoni, a Zimbabwean-born Australian citizen, has appeared as a contestant on Channel Seven program Australia's Got Talent.


(linkage)

Infected since 1997? What a shame, he just misses out on being able to post in LTS.

MtD

Offline tednlou2

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For those who've been following HIV news for years, is this something new that seems to be happening on a weekly basis?  Or, have these prosecutions been going on since the beginning?

Offline komnaes

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Unfortunately yes..

Australia is actually not that draconian but the number of criminal prosecutions of "spreading HIV" is on the increase (somewhere between 80-100). It didn't help that John Howard tried to make HIV a political issue couple of years ago when he was facing an election that he would eventually loss. There are also interestingly two systems that have jurisdiction over such cases - all states have a set of public health laws that allow its chief to prosecute anyone that fail to take "all reasonable measures and precautions" to prevent the transmission of HIV to others, and must not knowingly or recklessly place another person at risk of contracting the disease. This offense only carries a maximum of 1 year imprisonment.

But at the same time the police can launch prosecutions on the charge of causing "grievous bodily harm", which has up to a maximum of imprisonment for 21 years. And in most cases the police would only act after they have received complaints. It'd seem Zaburoni's case falls under this criminal charge.

Gotta say this guy is hot though..

(Modified to add this..)

This Godfrey dude is a stud!

http://www.abc.net.au/news/video/youtube.htm?v=1ZILjnG77pY

I would like to know what meds he's on...
« Last Edit: May 25, 2010, 05:28:26 AM by komnaes »
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline jkinatl2

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  • Doo. Dah. Dipp-ity.
Jeez, I let a guy MAYBE a third that hot plant the bug in me.

This is why former "Price is Right" contestants oughtta stop watching the show once they've won anything.
"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

-Kimberly Page-Shafer, PhD, MPH

Welcome Thread

Offline elf

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Earlier this year, a guy here was ''spreading'' the virus [having unprotected sex with many people], and he was released with no charge:
http://www.jutarnji.hr/ispovijest-hiv-pozitivnog-mladica--zao-mi-je--ali-nisam-im-mogao-priznati-da-sam-bolestan--znao-sam-da-bi-me-odmah-odbacili/538030/

He said ''I'm sorry, but I just couldn't tell them I was sick, I knew they would reject me''

That Australian guy is hot,  but he should have used a condom.  :)
« Last Edit: May 25, 2010, 07:13:58 AM by elf »
Let's have a Kiki!

Offline Ann

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  • It just is, OK?
    • Num is sum qui mentiar tibi?
Damn, does he ever look healthy! I'd do him!

I bet that woman judge in Australia's Got Talent wanted to do him too. She was practically drooling! Wonder if she's going to be in contact with Queensland Health or CrimeStoppers?
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline komnaes

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Damn, does he ever look healthy!

And he's almost close enough to be a LTS. If he's the new face of teh AIDZ monster I don't know how are the rest of us gonna live up to it..  ;)
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline sharkdiver

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[quoteThat Australian guy is hot,  but he should have used a condom.  :)
[/quote]

wrong pronoun....THEY should have used a condom

Offline mecch

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  • red pill? or blue pill?
He's hot, so what? Never been to a big gay party? There are a lot of beautiful HIV+ guys!
This guy is handsome and hot but I don't think he moves very well.
Also, hes a skank if he was going around "seeding" women against their knowledge.  Maybe we dont have the whole story yet.
Pity, he could have been a positive image for HIV+ people.
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline Ann

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  • It just is, OK?
    • Num is sum qui mentiar tibi?
[quoteThat Australian guy is hot,  but he should have used a condom.  :)


wrong pronoun....THEY should have used a condom

You hit the nail on the head, Mr Shark.

Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline bmancanfly

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  • Medicare For All !
I volunteer to show him how to use one.  I'm a giver.   :)
"The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt."

 Bertrand Russell

Offline komnaes

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  • Posts: 1,893
Quote
That Australian guy is hot,  but he should have used a condom.  :)

wrong pronoun....THEY should have used a condom

But I am afraid most of his victims took one look at that killer smile and body and decided that nothing else mattered and they wanna have his babies.

He's hot, so what? Never been to a big gay party? There are a lot of beautiful HIV+ guys!

Maybe you got invited to a lot of porn video launching parties (better if they were after parties..).

Pity, he could have been a positive image for HIV+ people.

He could still be a positive role model.. at least as a warning to those who think they can judge by looks or HIV would never affect them. But of cos it's not going to be - he will just be another reminder to the public that we - the infected - are all evil and out there to ruin other lives.
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline Hellraiser

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  • Semi-misanthropic
He didn't disclose and didn't use protection.  He's an asshole.

Offline komnaes

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He didn't disclose and didn't use protection.  He's an asshole.

That he definitely is .. but if you wanna label him what about the victims?

Careless? Reckless? Self-indulgence? Well, no one would say that except in the AII forum here. For the public these women (in this case) are all victims. To say they have any responsibilities for their own health would be like rubbing salt on wounds.

I don't think anyone would argue otherwise that we should let the virus stops with us. The disagreements here are mostly just about whether criminalization of transmission is the proper way to deal with this sort of cases. And the media reports are mostly always NOT helpful. I have not read a single quote yet from any of those that would also give a more balanced view that people should know better to protect themselves and ultimately they are also responsible for all consequences that come with unprotected sex.
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline WhySoUnfair

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  • Posts: 69
wrong pronoun....THEY should have used a condom


But I am afraid most of his victims took one look at that killer smile and body and decided that nothing else mattered and they wanna have his babies.

Maybe you got invited to a lot of porn video launching parties (better if they were after parties..).

He could still be a positive role model.. at least as a warning to those who think they can judge by looks or HIV would never affect them. But of cos it's not going to be - he will just be another reminder to the public that we - the infected - are all evil and out there to ruin other lives.

he's charged with grievous bodily harm which is a felony under the OZ Crimes Act. what if he's spreading syphilis or Hep B? would he get charged?

I still remember the Johnson Aziga case -- he's charged with 1st-degree murder by spreading HIV and 2 of his partners were dead of HIV-related cancers.

HIV is not a chronic and manageable disease.

Offline skeebo1969

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    He's not Australian. 8)
I despise the song Love is in the Air, you should too.

Offline Hellraiser

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Oh don't get me wrong the women in this scenario aren't innocent, but at the same time, he knew and they didn't.  My opinion on this matter isn't necessarily the most popular but oh well.  I'm curious if he's on meds and UD as if he's potentially infected this many people that would put a big crimp in the Swiss study.

Offline komnaes

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he's charged with grievous bodily harm which is a felony under the OZ Crimes Act. what if he's spreading syphilis or Hep B? would he get charged?

I still remember the Johnson Aziga case -- he's charged with 1st-degree murder by spreading HIV and 2 of his partners were dead of HIV-related cancers.

HIV is not a chronic and manageable disease.

As for other diseases, it's theoretically possible I assume. But I think it'd hard to establish STDs like syphilis that are curable as causing "grievous bodily harm" (GBH), and you'd find that most juries would readily conclude that HIV is GBH, while other curable STDs are not. Actually, I think there are some cases in Australia that say the "psychiatric" impacts are a good enough ground for GBH, even when the complainants/victims were not infected.

GBH is a very generic charge. In most common law jurisdictions you would find that when there are an absence of explicit criminal liabilities to disclose, infect, etc, the transmission of HIV was in many cases added as a legal ground to prosecute under GBH. If there was a first successful prosecution, it will be added as part of a body of case laws that other courts have to follow.

At the end it depends very much on the attitudes of the authority - which is mostly a reflection of general social attitudes on HIV and those, like us, infected. The police and prosecutors will act more harshly if they believe the judges/juries would likely to buy their arguments. So in almost all jurisdictions you'd see a sharp increase in prosecutions after a few successful prosecutions - and in term they feed the popular prejudice and sense of retribution.

Simply put - once the floodgate is open, it will not stop, and all education on self responsibilities/protection and all those campaigns to not discriminate us will go to waste.
« Last Edit: May 25, 2010, 11:05:17 AM by komnaes »
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline skeebo1969

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Oh don't get me wrong the women in this scenario aren't innocent,


See what I mean, you're halfway there-  How can two people be guilty of something and only one be charged?
I despise the song Love is in the Air, you should too.

Offline Etay1207

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Everyone is coming down on this guy. How many sexual partners have the women had? You must not believe that this guy is the only person these women had sex with. Is he on meds? I didn't read the entire article. Alot of us HIVers look healthy. I have AIDS and you would NEVER know it unless I told you.  
POZ since 1999
1/07 tcells: 530 vl: 72,922 7/07 tcells: 542 vl: 26,577
9/08 tcells: 339 vl: 56,120  7/09 tcells: 267 vl: 663,160
11/09 tcells: 71 vl: 498,670 2/10 tcells: 52 vl: 322,000
 no meds and feeling great!

Offline Hellraiser

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See what I mean, you're halfway there-  How can two people be guilty of something and only one be charged?

I don't think he should be criminally liable, I just said he was an asshole.

Offline mecch

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  • red pill? or blue pill?
HIV is not a chronic and manageable disease.

Yes it is. The accused criminal acrobat case in point. 13 years and functioning fine. He's either a LTNP or he's on HAART, I would guess.

As for cancers, other STD's are linked to cancer as well.

GBH is another matter and would agree that HIV causes GBH.
« Last Edit: May 25, 2010, 11:18:33 AM by mecch »
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline WhySoUnfair

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For those who've been following HIV news for years, is this something new that seems to be happening on a weekly basis?  Or, have these prosecutions been going on since the beginning?
Hi T,
it's not sth new.

Knowingly spreading HIV, if contracted, leads to mental baggage, physical anguish, and ... eventual death, that's why so many states (>30) criminalize intentional passing on the virus.

I know we are getting support from each other here. But HIV really leads to reduced quality of life. neggies dont have to deal with the mental baggage shit.

Offline Hellraiser

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  • Semi-misanthropic
Hi T,
it's not sth new.

Knowingly spreading HIV, if contracted, leads to mental baggage, physical anguish, and ... eventual death, that's why so many states (>30) criminalize intentional passing on the virus.

I know we are getting support from each other here. But HIV really leads to reduced quality of life. neggies dont have to deal with the mental baggage shit.

You really need help man.  In every life rain will fall, HIV is just a thunderstorm, the sun will come out again I promise.  It's not the end of anything.  My life is fine and I'm sure many others here would say the same.  In fact my life is fantastic despite having what some would still consider god awful numbers.

Offline mecch

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  • red pill? or blue pill?
Hi T,
it's not sth new.

Knowingly spreading HIV, if contracted, leads to mental baggage, physical anguish, and ... eventual death, that's why so many states (>30) criminalize intentional passing on the virus.

I know we are getting support from each other here. But HIV really leads to reduced quality of life. neggies dont have to deal with the mental baggage shit.

Eventual death?  Has any doctor told you that?  Wake up and smell the HAART.
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline skeebo1969

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I don't think he should be criminally liable, I just said he was an asshole.

Oh no, I totally agree Trey.  He could have avoided all this hotwater for sure... bad choices happen.  I was strictly going off  the women are not innocent comment.  I should have worded it differently perhaps.
I despise the song Love is in the Air, you should too.

Offline skeebo1969

  • Member
  • Posts: 5,699
Hi T,
it's not sth new.

Knowingly spreading HIV, if contracted, leads to mental baggage, physical anguish, and ... eventual death, that's why so many states (>30) criminalize intentional passing on the virus.

I know we are getting support from each other here. But HIV really leads to reduced quality of life. neggies dont have to deal with the mental baggage shit.

Yeah you feel that way in the beginning. It sucks, but it almost seems like something some of us have to go through before we wake up.  It made me miserable inside.  I hope you allow yourself to pull out of it.  You know the sun still rises...  I use to take that stuff for granted....

Keep sharing, keep reading, and keep an open mind.

BTW, Welcome to the forums.
I despise the song Love is in the Air, you should too.

Offline komnaes

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Knowingly spreading HIV, ...

Actually the key (legal) word here is "recklessly", which of cos is not mentioned once in any media reports. I don't have a comprehensive list of cases but I think I can safely say that, at most, like almost all similar cases that involved consensual sex, this man is charged under "recklessly" causing GBH. There is another offense in Australia on inflicting GBH with "intent".

Just wanna clarify..
Aug 07 Diagnosed
Oct 07 CD4=446(19%) Feb 08 CD4=421(19%)
Jun 08 CD4=325(22%) Jul 08 CD4=301(18%)
Sep 08 CD4=257/VL=75,000 Oct 08 CD4=347(16%)
Dec 08 CD4=270(16%)
Jan 09 CD4=246(13%)/VL=10,000
Feb 09 CD4=233(15%)/VL=13,000
Started meds Sustiva/Epzicom
May 09 CD4=333(24%)/VL=650
Aug 09 CD4=346(24%)/VL=UD
Nov 09 CD4=437(26%)/VL=UD
Feb 10 CD4=471(31%)/VL=UD
June 10 CD4=517 (28%)/VL=UD
Sept 10 CD4=687 (31%)/VL=UD
Jan 11 CD4=557 (30%)/VL=UD
April 11 CD4=569 (32%)/VL=UD
Switched to Epizcom, Reyataz and Norvir
(Interrupted for 2 months with only Epizcom & Reyataz)
July 11 CD=520 (28%)/VL=UD
Oct 11 CD=771 (31%)/VL=UD(<30)
April 12 CD=609 (28%)/VL=UD(<20)
Aug 12 CD=657 (29%)/VL=UD(<20)
Dec 12 CD=532 (31%)/VL=UD(<20)
May 13 CD=567 (31%)/VL=UD(<20)
Jan 14 CD=521 (21%)/VL=UD(<50)

Offline Ann

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  • It just is, OK?
    • Num is sum qui mentiar tibi?

    He's not Australian. 8)


But he is an Australian citizen.


Yes it is. The accused criminal acrobat case in point. 13 years and functioning fine. He's either a LTNP or he's on HAART, I would guess.


Or he might not be either. I've been poz for thirteen years too, but I'm not on meds and I'm not a LTNP either. (LTSP, perhaps, but my VL etc hasn't allowed me to be included in the LTNP category.)

I might not be as pretty as this guy and my body might not be as buff as his either, but I look perfectly healthy at the same time.
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline WhySoUnfair

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Actually the key (legal) word here is "recklessly", which of cos is not mentioned once in any media reports. I don't have a comprehensive list of cases but I think I can safely say that, at most, like almost all similar cases that involved consensual sex, this man is charged under "recklessly" causing GBH. There is another offense in Australia on inflicting GBH with "intent".

Just wanna clarify..
Thanks for the clarification. Is this a landmark case in Australia?

In Pennsylvania, HIV+ spitting at another person is a 2nd degree felony. Law/sentence like this or that will just add to the stigma of HIV as a death sentence.

Offline skeebo1969

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But he is an Australian citizen.
 

But not an Australian man.  He's not even an Australian acrobat....
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Offline metekrop

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He didn't disclose and didn't use protection.  He's an asshole.

Who knows, may be she is the one who persuade him to do unprotected sex.   :o  there are many especially if the guy is too hot.  ;D
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Online Miss Philicia

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Thanks for the clarification. Is this a landmark case in Australia?

In Pennsylvania, HIV+ spitting at another person is a 2nd degree felony. Law/sentence like this or that will just add to the stigma of HIV as a death sentence.

The two cases I know of were related to Pennsylvania Statute 270 and is specifically limited to a person in jail.  Still stupid, but your statement isn't entirely accurate unless I've missed another case(s).
« Last Edit: May 25, 2010, 12:50:41 PM by Miss Philicia »
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Offline elf

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Damn, does he ever look healthy! I'd do him!

I bet that woman judge in Australia's Got Talent wanted to do him too.

It's Dannii Minogue, my favorite singer.  ;D
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Offline mecch

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What on earth is the difference between an "Australian man" and an "Australian citizen"? hmm?
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Offline Matty the Damned

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But not an Australian man.  He's not even an Australian acrobat....

As Ann notes, he is in fact an Australian citizen who was born in Zimbabwe. This makes him an Australian. Australia is ethnically diverse. No one group can lay exclusive claim to being "Australian" - though White Australia has a tendency to try.

He's not being prosecuted under the "Australian" Crimes Act - rather he's been extradited to the state of Queensland to face charges under the relevant criminal statutes there. It is conceivable that he could face similar prosecutions in New South Wales and Victoria. I believe the Australian Federal Police were involved in effecting his extradition.

Has he done an (allegedly) bad thing? Probably. But once again responsibility is not being apportioned properly. The women in this case are being cast as complete victims. The Sharkdiver alludes to it above - why didn't the women involved use condoms? There is no suggestion that this wretched fellow raped them.

To paraphrase her Annship - to agree to unprotected sexual intercourse is to consent to the possibility of being infected with an STI.

There is nothing particularly novel in legal terms about this case. Such prosecutions have happened before and almost always involve heterosexuals, with the male as the offender.

The HIV/AIDS Legal Centre has a useful set of resources availble for download here. Whilst somewhat NSW centric, they give excellent information on how HIV and the law works in Australia.

I would add that those documents are written by lawyers and reflect how the law sees HIV. Do not presume the information contained therein reflects accurately the position of HIV science.

MtD

Offline WhySoUnfair

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As Ann notes, he is in fact an Australian citizen who was born in Zimbabwe. This makes him an Australian. Australia is ethnically diverse. No one group can lay exclusive claim to being "Australian" - though White Australia has a tendency to try.

He's not being prosecuted under the "Australian" Crimes Act - rather he's been extradited to the state of Queensland to face charges under the relevant criminal statutes there. It is conceivable that he could face similar prosecutions in New South Wales and Victoria. I believe the Australian Federal Police were involved in effecting his extradition.

Has he done an (allegedly) bad thing? Probably. But once again responsibility is not being apportioned properly. The women in this case are being cast as complete victims. The Sharkdiver alludes to it above - why didn't the women involved use condoms? There is no suggestion that this wretched fellow raped them.

To paraphrase her Annship - to agree to unprotected sexual intercourse is to consent to the possibility of being infected with an STI.

There is nothing particularly novel in legal terms about this case. Such prosecutions have happened before and almost always involve heterosexuals, with the male as the offender.

The HIV/AIDS Legal Centre has a useful set of resources availble for download here. Whilst somewhat NSW centric, they give excellent information on how HIV and the law works in Australia.

I would add that those documents are written by lawyers and reflect how the law sees HIV. Do not presume the information contained therein reflects accurately the position of HIV science.

MtD

HIV makes the difference between "presumption of innocence" and "presumption of guilt".

Offline skeebo1969

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What on earth is the difference between an "Australian man" and an "Australian citizen"? hmm?

My point I was desperately (joking) trying to make is the guy calls himself the African Acrobat.  So, essentially he is the Australian man who is an African acrobat... :D
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Offline Boze

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Women are complete victims. There is no other way to put it. Appropriating the blame on the women involved is tantamount to blaming rape victims for wearing provocative clothing.

This is probably a classic 1st year law school case where they explain how the same act committed with different intent would be subject to different legal treatment. He KNEW he has HIV, they didn't.
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Offline WhySoUnfair

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The two cases I know of were related to Pennsylvania Statute 270 and is specifically limited to a person in jail.  Still stupid, but your statement isn't entirely accurate unless I've missed another case(s).

Yes "assault by prisoner" and "assault by life prisoner".

How about the Louisiana Code RS 14:43.5? No person shall intentionally expose another to any acquired immunodeficiency syndrome (AIDS) virus through any means or contact without the knowing and lawful consent of the victim.  Whoever commits the crime of intentional exposure to AIDS virus shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.  "Means or contact" is defined as spitting, biting, stabbing with an AIDS contaminated object, or throwing of blood or other bodily substances. 

In Louisiana, such penalty is not specifically limited to prisoners.

Offline john33

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Women are complete victims. There is no other way to put it. Appropriating the blame on the women involved is tantamount to blaming rape victims for wearing provocative clothing.

This is probably a classic 1st year law school case where they explain how the same act committed with different intent would be subject to different legal treatment. He KNEW he has HIV, they didn't.

I think the point being made is that everyoneis responsible for his/her own health.

I don't deny what he did was wrong (going on what I've read, and remember that journalist rarely tell the whole story), but the women had a responsibility for insisting on protection.

Women are not complete victims and to say such is to demean them.

John

Online Miss Philicia

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Yes "assault by prisoner" and "assault by life prisoner".

How about the Louisiana Code RS 14:43.5? No person shall intentionally expose another to any acquired immunodeficiency syndrome (AIDS) virus through any means or contact without the knowing and lawful consent of the victim.  Whoever commits the crime of intentional exposure to AIDS virus shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.  "Means or contact" is defined as spitting, biting, stabbing with an AIDS contaminated object, or throwing of blood or other bodily substances. 

In Louisiana, such penalty is not specifically limited to prisoners.

I live in Pennsylvania.  I don't care what happens in Louisiana.
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Offline Hellraiser

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I live in Pennsylvania.  I don't care what happens in Louisiana.

*Sigh*

Offline Boze

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If the guy did not know his status the blame could be shared. Since he did know and infected them - they are victims. How is this demeaning?
==========
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Apr10 - cd4 600
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Offline Hellraiser

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If the guy did not know his status the blame could be shared. Since he did know and infected them - they are victims. How is this demeaning?

The logic is that you should assume anyone could have anything and thus always use protection (particularly when dealing with one night stands).  Thus those womens didn't insist on protection and slept with him anyway.  Granted he knew that he was hiv+ and had the potential of infecting them.  His reasoning of "I didn't want them to reject me" is so vile to me.  Yes some people won't sleep with me because I have AIDS and yes sometimes it hurts my feelings.  That doesn't give me the right to avoid the situation and then not take adequate care to protect them from my disease.  He fucked up, badly, and now the Australian government is most likely going to throw the book at him.

Offline john33

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it was the phrase women are complete victims. Perhaps if you had said these women it may read better.


Offline Boze

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John,

Well, yes - I am talking about the women who slept with him. If they get sick, he's 100% to blame.

It's like getting into an accident when  driven by a drunk driver. One may not have worn a seatbelt (ie increasing the risk of trauma in case of a car crash) but it's the drunk driver that is responsible for the accident in the first place.
==========
Aug08 - Seroconversion
Mar10 - Diagnosis; cd4 690 - VL 19,000
Apr10 - cd4 600
May10 - VL 4,500
Jun10 - started Atripla ; VL 113
Jul 10 - UD vl, CD4 590
Aug 10 - UD, CD4 810, 52%
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Offline jkinatl2

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To agree to have unprotected intercourse is to agree to the possibility of acquiring a sexually transmitted disease, including HIV.

Unless the women were intellectually and/or emotionally challenged.
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Offline john33

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To agree to have unprotected intercourse is to agree to the possibility of acquiring a sexually transmitted disease, including HIV.

Unless the women were intellectually and/or emotionally challenged.

I totally agree with that, but now we're entering the relms of speculation as to the details not reported.

At the end of the day it's journalists on their current run of the "big bad man wiv teh AIDS", putting fuel on the fire and keeping stigma alive

John

Offline tednlou2

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He kinda reminds me of the guy in the wheelchair on the HBO Show, "OZ".  He's better looking though. 

 


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