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Author Topic: Airman receives 8 years for not disclosing HIV+  (Read 3349 times)

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Offline Teresa

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Airman receives 8 years for not disclosing HIV+
« on: January 19, 2011, 08:35:08 PM »
http://www.kwch.com/kwch-news-dmh-prosecution-rests-in-court-mar-01192011,0,6874491.story

Cant believe they gave him 8 years! Didn't they listen to the Doctor that testified???

Despite his positive diagnosis, Dr. Donna Sweet from the KU School of Medicine in Wichita says his risk of transmitting the disease to a sexual partner during protected sex was basically zero. But even without condoms, transmission among heterosexuals can be as low as 1/10,000 - 1/100,000 acts, she said.

Dr. Sweet said, "He is capable. It is possible, but I don't think it's probable."

Maybe it was because he disobeyed orders by not disclosing. Still seems a bit harsh to me.

Teresa
Hubby HIV+ 5/5/06
CD4:320
  %: 26.7
 VL: <20
Atripla (started it 8/24/06)
 

Offline ds4146

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #1 on: January 19, 2011, 09:21:17 PM »
But what about this:

"They argued he was counseled at least six times about the dangers of unprotected sex, and he signed paperwork stating he understood the risks."

I don't know, but really if you sign something stating this, and I am only going off the article, wow! First of all why would you sign that and on what occasion?  I have never signed anything stating my status, ever. When and why would I do that? I have a feeling we are in Kansas again Toto!

Offline aztecan

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #2 on: January 20, 2011, 10:31:58 AM »
Yes, but look at the charges on which he was convicted.

Quote
They include one count of disobeying orders, one count of indecent acts, eight counts of adultery and seven counts of aggravated assault. He was found not guilty on one count of aggravated assault, involving an alleged male victim.



These have to be military charges because I dont' think some of them would hold up under constitutional scrutiny.

"May your life preach more loudly than your lips."
~ William Ellery Channing (Unitarian Minister)

Offline madbrain

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #3 on: January 20, 2011, 05:56:35 PM »
Yes, but look at the charges on which he was convicted.

These have to be military charges because I dont' think some of them would hold up under constitutional scrutiny.



The aggravated assault charges are probably the ones that got him the eight years, I can't imagine the other charges resulting in an 8 year sentence. Unfortunately these have come up before in civil courts too, even when no risk was involved (spitting).

The 8 years doesn't fit the crime given the low transmission risk, presumably he had an undetectable VL.
HIV stigma is alive and well. One would expect nothing less from military tribunals.

The most tragic part IMO is that he will lose his medical benefits because of the dishonorable discharge. However, he should get care for the next 8 years while in jail at taxpayers' expense. And when he gets out of jail, healthcare reform will be in effect and he should be able to get insured.

Offline mecch

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #4 on: January 20, 2011, 06:37:40 PM »
I dunno. I feel that if, before the sex, those women asked him and he lied, or, if he offered up a lie, before the sex, than he acted immorally and put himself at risk for prosecution.  
That said I don't favor criminalisation of HIV transmission, and certainly not criminalisation of non-transmission, as in this case.  This is about the moral crime of non-disclosure.

HIV+ must learn the laws that apply to the situation in which they are having sex, and adapt to respect the law. This is self preservation for and by the HIV+ person.  Clearly its about avoiding personal trouble.  If you are on HAART, its not principally about avoiding contaminating an HIV- person. A lot of HIV+ people on HAART seem to take the low risk of transmission as a justification for ignoring safe sex rules. In some cities, states, countries, this is not a legal risk, in others it is.

For example:  Sweden has tough laws about unprotected sex
http://criminalhivtransmission.blogspot.com/search/label/Sweden
So if you are HIV+ and you're screwing around in Sweden without disclosing, or without pretty obvious mutual consent for unprotected sex, then you are putting yourself in danger.

Its all well and good if someone wants to throw themselves on the fire as a way to maybe try to reverse or update criminal laws about sex and HIV, but I personally wouldn't fight that battle with my own freedom.

If the military was warning him that lying or unprotected sex -- or whatever their technical beef is -- would put him at risk for penalties, and he went on doing it, then he's a fool.


« Last Edit: January 20, 2011, 06:42:33 PM by mecch »
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline Grinch

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #5 on: January 20, 2011, 11:36:21 PM »
The three things that got him a lot of time are likely Disobeying an order, Adultery, and Actions unbecoming an NCO.
The Assault charges justified or not added to his problems, but disobeying an order and adultery are very serious offenses under UCMJ.
I knew a married couple while I was in the Army that served time for adultery and actions unbecoming for making a tape of the wife taking on several guys.  All the guys in the film got dishonorable discharges at minimum. About half served time.
I had the unpleasant task of escorting a couple of the young privates involved to the post gate and informing them that they were not authorized to return to post under penalty of law.

Offline elf

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #6 on: January 22, 2011, 07:10:31 AM »
Scandinavian disclosure laws are so severe, so I think I don't want to visit those places.
It's like visiting Iran or Saudi Arabia when people are jailed when they ''disclose'' they're gay.
I'm fine with Belgium and Mediterranean Europe where protected sex is not criminalized.

Offline mecch

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #7 on: January 22, 2011, 08:03:47 AM »
I'm fine with Belgium and Mediterranean Europe where protected sex is not criminalized.
Do you mean "unprotected" sex?
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline elf

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #8 on: January 23, 2011, 05:47:47 AM »
No, I meant ''undisclosure''
apparently in Scandinavian countries non-disclosure is a felony even if a condom is used, like in several American states.

Offline Matty the Damned

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #9 on: January 23, 2011, 06:32:14 AM »
No, I meant ''undisclosure''
apparently in Scandinavian countries non-disclosure is a felony even if a condom is used, like in several American states.

Same here in New South Fucking Wales.

MtD

Offline Ironman2011

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #10 on: January 24, 2011, 05:53:54 PM »
The reason he got so much time is it WAS a MILITARY court and UCMJ...and the STANDARD is not the same as in CIVILIAN court...being prior military...I know there are many, many things you can go to jail for in the military that would not even be a crime in civilian world...

Offline MarcoPoz

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #11 on: January 25, 2011, 11:15:59 AM »
Perhaps we're also missing a message about communication regarding STDs.  Unprotected sex with someone who's STD status is unknown can re risky for those of us with HIV.  I mean, why chance GC, CT, syphillis, herpes, warts, etc etc ad infinitum?

Offline thunter34

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #12 on: January 25, 2011, 11:26:44 AM »
Perhaps we're also missing a message about communication regarding STDs.  Unprotected sex with someone who's STD status is unknown can re risky for those of us with HIV.  I mean, why chance GC, CT, syphillis, herpes, warts, etc etc ad infinitum?

I've already got the Big Momma of STD's.  Sorry, but none of those other ones scare me at all.
AIDS isn't for sissies.

Offline Hellraiser

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #13 on: January 25, 2011, 01:24:58 PM »
I've already got the Big Momma of STD's.  Sorry, but none of those other ones scare me at all.

Coinfection with Hep C should scare you witless.

Offline thunter34

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #14 on: January 25, 2011, 02:07:36 PM »
Coinfection with Hep C should scare you witless.

Yet, alas, it does not.  I don't go actively seeking it out, but I don't live in fear of it either.  It's sort of like the Super Infection deal...the plain ol' AIDS I already have could still kill me, so I'm not trembling in fear of any reinfection.

I've faced the reality of my own mortality.
AIDS isn't for sissies.

Offline Ann

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #15 on: January 25, 2011, 02:23:09 PM »
Yet, alas, it does not.  I don't go actively seeking it out, but I don't live in fear of it either.  It's sort of like the Super Infection deal...the plain ol' AIDS I already have could still kill me, so I'm not trembling in fear of any reinfection.

I've faced the reality of my own mortality.

It should scare you. The treatment is brutal. The disease itself is no walk in the park either if you are symptomatic - I had to walk with a cane for several years because of the joint pain it caused me and I couldn't drink either.

Hiv also makes hcv progress faster.

Just be careful, Tim. There is mounting evidence that for some reason, hcv is easier to catch if you already have hiv.
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 Hellraiser

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #16 on: January 25, 2011, 02:36:52 PM »
Yet, alas, it does not.  I don't go actively seeking it out, but I don't live in fear of it either.  It's sort of like the Super Infection deal...the plain ol' AIDS I already have could still kill me, so I'm not trembling in fear of any reinfection.

I've faced the reality of my own mortality.

Your argument is that you've already seen the worst that life has to offer in the STD department.  I'm here to tell you that the potential for suffering in your existing time could be an order of magnitude greater if you coinfect with HCV.  The time may be the same, but the quality of life may diminish greatly.  I'm in no hurry to make things worse for myself.

Offline jkinatl2

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #17 on: January 25, 2011, 02:43:17 PM »
It has been my experience that moments after I say (to myself or anyone else) what the fuck ELSE can be worse, something obliges.

Never underestimate the multiverse's ability to find new and exciting ways to make you suffer more than you do already.

"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 thunter34

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #18 on: January 25, 2011, 02:51:59 PM »
So you're all going to tell me that now, post infection, you've all gone the total condom / dental dam route?

I'm just being honest to say that I have not.  Then again, I don't have nearly the sex that I used to.

I'm well aware that my potential for suffering is always subject to increase exponentially, perhaps in ways that I couldn't even begin to imagine.
AIDS isn't for sissies.

Offline Ann

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Re: Airman receives 8 years for not disclosing HIV+
« Reply #19 on: January 25, 2011, 03:04:08 PM »
So you're all going to tell me that now, post infection, you've all gone the total condom / dental dam route?


Dental dam? Give me a break. Hcv isn't transmitted via oral. And I use condoms with anyone except my (regular and poz) partner. The main worry with hcv is sex that might be a bit rough and draw blood. I'm just saying be careful - don't want you to get hcv. I've been there and it's NOT nice.

Are you aware that there are far more people running around with undiagnosed hcv infection than there are people with undiagnosed hiv?
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

 


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