HIV Criminalization - alive and well!

[elf]

In Scandinavia (Norway, Sweden), you can get more jail time for not disclosing [with safe sex and no HIV transmission] than if you rape or kill someone.

In Belgium there was only one conviction (they used the ''poisoning'' law):
http://criminalhivtransmission.blogspot.com/search/label/Belgium

Sensoa, the Flemish service and expertise in sexual health, is concerned about the matter in Huy. "We are not asking for criminal prosecutions," said spokesman Boris Cruyssaert. "In neighboring countries, we see that it is counterproductive. It just makes the taboo, because nobody dares to know if they are infected."

"That does not mean that HIV patients should not share responsibility [for HIV prevention]," says Cruyssaert. "Only in the case of intentional transmission [should the criminal law be used].

Overall, this is a good blog on this topic:
http://criminalhivtransmission.blogspot.com

[karry]

I've been thinking about this thread for a couple of days and I noticed something similar among those who advocate for criminalizing HIV.  It seems that many of the posters either believe they were intentionally infected by someone, or they are unwilling to take responsibility for their own health.  Many of the arguments seem to take one of these two positions.

For those who believe they were intentionally infected, they seem to want society to do for them, what they failed to do for themselves; i.e. protect their own health.  They believe that they were wronged and being unwilling to take any personal responsibility, they want someone, anyone, to punish those who they see as predators.

The other argument I notice is the desire to have the law dictate how two adults should act, when both parties are equally responsible for safer sex.  Rather than actually asking a potential partner, about any possible issues.  Again, they want the law to require something, that they are either unwilling or unable to ask themselves..

My opinion is that many of these posters are newly infected and unable to be honest with themselves as to who is responsible for their own health.  That's why I think it's still very important that we discuss this issue, because far too many folks seem to be seeking revenge through the law.

Joe

Amen to that!

[forrest]

Court of Appeals rules HIV-infected man's saliva not a weapon

"Because defendant's saliva too `came with him' -- indeed with his teeth -- its utility for penal enhancement may not be treated differently," Chief Judge Jonathan Lippman wrote. The six other judges concurred.

Huh Ha.. ha ha... He said, Penal.... ha ha... huh ha...   Penal   

[Matty the Damned]

Huh Ha.. ha ha... He said, Penal.... ha ha... huh ha...   Penal   

Heh. 

Pictar related.



MtD

[tednlou2]

You don't have to be poz to get big prison time for spitting.  This takes things to a whole different level, and it is disturbing to say the least.  I know we're talking about Texas, but this is just hard to believe.  At first, I thought there had to be something more to the story.  We've just seen one state's Supreme Court rule that spitting is not a transmission risk for HIV.  With all these prosecutions, and now this one where the man didn't even have HIV, I imagine this would have to eventually reach federal appeals courts and possibly the U.S. Supreme Court.

Texas HIV-Negative Man Gets 10 Years for Spitting at Police

An HIV-negative man from Lufkin, Texas, was sentenced to 10 years in prison for spitting on police officers and allegedly claiming to have HIV during his arrest for public intoxication, KTRE.com reports. John Oliphant, 34, tested negative for HIV the day after his July 2011 arrest. According to the arrest affidavit, Oliphant spit at two police officers. Oliphant denies that story. He claims that the arresting officers pulled him out of the police car while he was handcuffed and that he fell and hurt his elbow and head, which left blood on the restraint chair. Oliphant said he told the police, That’s how you catch AIDS, and they assumed that he said he had AIDS. Oliphant pleaded guilty in January and faced prison time ranging from two to 20 years.

http://www.poz.com/articles/Texas_spit_HIV_1_22534.shtml 

[GSOgymrat]

I know this video has probably already been posted to this forum but I thought this was a good talk on HIV and criminalization.

http://www.ted.com/talks/lang/en/shereen_el_feki_how_to_fight_an_epidemic_of_bad_laws.html

[Ann]

For anyone wanting to know more about hiv criminalisation laws in the UK (England and Wales, Scotland is a little different and links can be found within the links below) here are some links:

PROSECUTIONS FOR HIV TRANSMISSION
A guide for people living with HIV in England and Wales (PDF file)

Criminal prosecutions from NAT (National Aids Trust)

Transmission and the Law Aidsmap (very basic)

HIV & the criminal law Aidsmap (very detailed)

HIV transmission and the law GMFA (gay men's health charity)

Intentional or Reckless Sexual Transmission of Infection Crown Prosecution Service (Very detailed and includes transmission of other STIs, not just hiv.)

I suggest that anyone living in the UK not only have a look at these links, but also bookmark at least one or two of them so you have them for handy reference. You never know when you or a friend or loved one may need to understand the law regarding hiv transmission.

Here's one everyone should read, whether you live in the UK or not. If you're on the fence about criminalisation, it may help you decide. Why NAT opposes prosecutions for reckless HIV transmission. (PDF file)