stupid question

[next2u]

another stupid question that has been bugging me. it kinda popped back up in my head after some dude called the homie & me "fags" today as we were walking down the street.

if a physical altercation were to happen between a pozzie & negster, would there be additional liabilities on the pozzie's behalf?

for example. sheila is positive. matt is negative. matt calls sheila tacky and provokes her. sheila feels the need to defend herself and the situation escalates. after 20 minutes of duking it out, sheila has royally kicked matts ass and the place is gorier than a quentin tarantino flik. did she need to disclose her status? if they are both cut and bloody, is there a risk of transmission? if there is a risk of transmission, and matt becomes poz, what the fuck happens to sheila?

i've never heard of transmission outside of sex acts, breast feeding, needle sharing, or birth. hiv is fragile virus that needs a constant host and the above situation seems an unlikely conduit for hiv. set me straight. also, can i enroll in full body contact kick boxing? would i need to disclose my status for any contact sports?

thanks,

[Roie]

Not a stupid question at all.
Was wondering the same as well.

[aztecan]

I had someone come in to be tested for this very reason. He was a bouncer and had been in a bar fight and was fearful he might have contracted HIV during the brawl.

The answer to your question is, it is very unlikely HIV would be transmitted in these circumstances. I can't say its impossible, because sure as I do, someone will pop up to prove me wrong. But it is very unlikely.

The virus doesn't live long outside the body, a matter of a few seconds only.

Think of it like astronauts in space. If they take off their helmets, they don't last long. Removing HIV from its environment does essentially the same thing, and its environment is in bodily fluids.

Hep C might be a different story. It does pretty well outside the body for a long period of time, but that's another story.

I hope this helps.

HUGS,

Mark

[Queen Tokelove]

Hey Next-- I didn't think that was a stupid question at all. Have been there a few times myself. I think I would be too pissed to say, "Back off bitch, I'm poz". My knives usually do the talking for me. And since I have gotten older, I have learned to make the law work for me instead so if I do have to put my foot off in someone ass, the police has a report on the incident before I do. Not that I am for violence but some people just don't know how to let things go and walk away, ya know.

[wishihadacat]

The question is not stupid at all. There are quite a few examples where HIV has been characterized  as a deadly weapon.

In Commonwealth v. Brown, a Pennsylvania court held that evidence that an inmate, who had been informed that he had tested positive both for HIV and Hepatitis B viruses and had been informed regarding transmission of HIV through bodily fluids, threw a liquid substance containing fecal matter at prison officer, was sufficient to support the inmate's conviction for aggravated assault, even though the officer did not sustain any serious bodily injury.

In Mathonican v. State, a Texas Court (surprise!) held that an HIV positive defendant could be charged with assault using a deadly weapon because his seminal fluid contained HIV and that therefore a sexual assault was deadly.

In State v. Smith, a New Jersey appeals court upheld a conviction for  attempted murder and  aggravated assault  upon proof that defendant, who had tested positive for human immunodeficiency virus (HIV), intended to kill a corrections officer by biting him, regardless of whether it was medically impossible for bite to transmit HIV, as it was sufficient that defendant himself believed he could cause death by biting his victim and intended to do so.

There are more cases like these, but it will depend on what state you live in. Where self-defense is asserted by a defendant, the prosecutors may argue that the presence of HIV makes someone who acted in self defense in a minor incident nevertheless criminally liable because HIV is dangerous.

[Florida69]

Wish, you totally rock.  What a great answer.  Thanks, D

[bear60]

D. 
Question:  Has there been any HIV cases involving sports, like in boxing for instance. 
Just wondering.

edited to add: Well, yes there has been a lawsuit in boxing over an HIV issue. Love that Google
http://www.boxingscene.com/?m=show&id=11985

[Ann]

D. 
Question:  Has there been any HIV cases involving sports, like in boxing for instance. 
Just wondering.

No. There has never been a case of hiv transmission as a result of injuries sustained during contact sports. I don't believe there has ever been a proven case from street fighting either.

But what goes on in locker rooms is anyone's guess.

Ann

[bear60]

Ann
Correct...no cases of transmission....but it seems boxing ( for example) does not allow HIV positive boxers to compete...or so I interpret the lawsuit I found. The suit is over letting someone fight who was positive.
Its just more HIV stigma.

[next2u]

thanks for the info. wishihadacat - wow, thats a lot of good info.

i kinda got the urge to kick some ass the other day (i wouldn't have, but it lead to these thoughts) and i wanted to know if we were liable for "fighting while poz" if there was a physical altercation.

one urban legend i heard involves people who practice martial arts. if someone is a registered blackbelt then their limbs can be considered weapons. also, spitting on people can be considered a form of assault. couple either of these scenarios with hiv, sheesh, i fear the creation of a new branch of law. all it would take is a minute of stupidity and some pozzie would have to suffer the repercussions of getting caught up in a moment.

anyhow, i have a feeling if i royally beat the shit out of someone, i'd get a lil extra something special thrown in the court case cause of my status. just wanted to know if anyone has heard of this happening. btw, im a total peace- loving hippie, but i thoroughly believe in self defense after every other avenue (well, most avenues) have been explored.

[Winiroo]

I had someone come in to be tested for this very reason. He was a bouncer and had been in a bar fight and was fearful he might have contracted HIV during the brawl.

The answer to your question is, it is very unlikely HIV would be transmitted in these circumstances. I can't say its impossible, because sure as I do, someone will pop up to prove me wrong. But it is very unlikely.

The virus doesn't live long outside the body, a matter of a few seconds only.

Think of it like astronauts in space. If they take off their helmets, they don't last long. Removing HIV from its environment does essentially the same thing, and its environment is in bodily fluids.

Hep C might be a different story. It does pretty well outside the body for a long period of time, but that's another story.

I hope this helps.

HUGS,

Mark

I know I am off topic but your face really rings a bell.