Another Criminalization Case

[tednlou2]

I know some hate these threads, because they can turn into arguments on whether criminalization is good or bad/wrong. 

I am posting this, because this appears to be different from other cases.  It seems most are charged with having sex without disclosing.  I could be remembering wrong, but it seems so many of these cases didn't result in infection, and they were charged with not disclosing.  But, he was charged with transmitting HIV.  That is different.  How can they prove "the victim" (yes, the TV station is calling the plaintiff the victim) acquired his infection from the defendant?  I've heard of testing viral strain, but that has not been done.  The plaintiff just says he tested neg prior and hasn't been with anyone else, so his infection automatically came from the defendant?  If this guy is hooking up with strangers, then who knows where he acquired it.  And, he admits they used a condom.  That would raise even more questions about whether he was already poz. 

There is just so much messed up with this and the reporting.  The TV station has informed their viewers that the plaintiff is the victim-- not plaintiff or even alleged victim.  The defendant is already guilty.  I see no evidence that shows he admits to not disclosing, rather just he said, he said.  He could have disclosed and the guy wants to blame him for his infection, when he could have been infected that night he hooked up with another stranger.

This just seems worse than charging for not disclosing.  Whether right or wrong, you could possibly have proof of admission of not disclosing.  This is saying the state says you transmitted the virus.  You gave someone HIV.  There is no way, at this point, for them to know that.  The plaintiff could have already known he was poz.  How awful to be accused of infecting someone, if you didn't. 

There is a link in this article to another guy, who claims he hooked up with the guy.  They first say he came forward, because he feels he may have been infected.  However, in the second story, it says he continues to test neg.  Oh, they also refer to him as a victim. 

http://www.nbc-2.com/story/23174195/man-arrested-for-knowingly-spreading-hiv#.UiAxccu9KSP