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Main Forums => Living With HIV => Topic started by: Matty the Damned on May 25, 2010, 03:19:41 am

Title: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 25, 2010, 03:19:41 am
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) (http://www.abc.net.au/news/stories/2010/05/25/2908964.htm)

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

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: tednlou2 on May 25, 2010, 03:25:49 am
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?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 25, 2010, 05:24:29 am
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...
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 25, 2010, 05:47:04 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: elf on May 25, 2010, 07:00:31 am
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.  :)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 25, 2010, 08:28:09 am
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?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 25, 2010, 08:39:19 am
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..  ;)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: sharkdiver on May 25, 2010, 08:44:52 am
[quoteThat Australian guy is hot,  but he should have used a condom.  :)
[/quote]

wrong pronoun....THEY should have used a condom
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 25, 2010, 08:46:22 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 25, 2010, 09:05:42 am
[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.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: bmancanfly on May 25, 2010, 09:51:27 am
I volunteer to show him how to use one.  I'm a giver.   :)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 25, 2010, 09:56:24 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on May 25, 2010, 09:58:55 am
He didn't disclose and didn't use protection.  He's an asshole.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 25, 2010, 10:21:43 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: WhySoUnfair on May 25, 2010, 10:33:07 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 25, 2010, 10:40:50 am



    He's not Australian. 8)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on May 25, 2010, 10:48:59 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: komnaes on May 25, 2010, 11:03:41 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 25, 2010, 11:05:24 am
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?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Etay1207 on May 25, 2010, 11:09:20 am
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.  
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on May 25, 2010, 11:13:18 am

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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 25, 2010, 11:15:07 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: WhySoUnfair on May 25, 2010, 11:16:50 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Hellraiser on May 25, 2010, 11:18:57 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 25, 2010, 11:20:06 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 25, 2010, 11:20:53 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: skeebo1969 on May 25, 2010, 11:29:56 am
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: komnaes on May 25, 2010, 11:34:11 am
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..
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 25, 2010, 12:02:49 pm

    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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: WhySoUnfair on May 25, 2010, 12:21:34 pm
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 25, 2010, 12:26:21 pm
But he is an Australian citizen.
 

But not an Australian man.  He's not even an Australian acrobat....
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: metekrop on May 25, 2010, 12:41:13 pm
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
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Miss Philicia on May 25, 2010, 12:49:08 pm
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).
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: elf on May 25, 2010, 03:13:25 pm
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
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 25, 2010, 05:46:48 pm
What on earth is the difference between an "Australian man" and an "Australian citizen"? hmm?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 25, 2010, 05:55:40 pm
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. (http://www.halc.org.au/transmission.html) 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
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: WhySoUnfair on May 25, 2010, 08:16:17 pm
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. (http://www.halc.org.au/transmission.html) 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".
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 25, 2010, 08:18:05 pm
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
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 25, 2010, 08:22:40 pm
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: WhySoUnfair on May 25, 2010, 08:26:04 pm
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 25, 2010, 08:35:21 pm
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
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on May 25, 2010, 08:49:11 pm
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on May 25, 2010, 08:51:40 pm
I live in Pennsylvania.  I don't care what happens in Louisiana.

*Sigh*
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 25, 2010, 08:54:22 pm
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?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on May 25, 2010, 08:57:46 pm
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 25, 2010, 09:00:21 pm
it was the phrase women are complete victims. Perhaps if you had said these women it may read better.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 25, 2010, 09:11:28 pm
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 25, 2010, 09:13:07 pm
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.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 25, 2010, 09:19:03 pm
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
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: tednlou2 on May 25, 2010, 09:37:54 pm
He kinda reminds me of the guy in the wheelchair on the HBO Show, "OZ".  He's better looking though. 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 25, 2010, 09:39:32 pm
Thanks Tednlou,

I was trying to place who he reminded me of

John
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 25, 2010, 09:40:48 pm
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

Agreed. I detest such slanted journalism, and will always balk at the notion that HIV positive people are either "innocent victims" or "cold-blooded predators." People who are infected through rape are, of course, not responsible for their transmission, whether they are in prison or not.

It would be fascinating to see what information, if any, regarding the specifics of these infections comes to light. Historically, I have not seen much follow-up after accusations are made. When one sees a pattern of behaviour such as this, one can make a few not unreasonable assumptions. But that's all they ultimately are.

And this is why we should all videotape each and every one of our sexual experiences.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 25, 2010, 11:38:33 pm

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.


Excuse me, but fuck you. I've never heard such complete and utter bollocks in all my life. It's this kind of shit being spewed out that contributes to the spread of hiv.


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?


It's demeaning on your part because you are assuming that women don't have minds of their own - minds that are capable of saying - "put a damned condom on that prick!"


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.


WRONG!  He's 50% to blame. No more, no less. And someone who doesn't put their seat-belt on has a part in creating their injuries when in a crash.

We're not doing anyone any favours when we perpetrate this stupid "victim" mentality. Rape victims aside, we all played a part in our infections - you included. Deal with it.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Rev. Moon on May 25, 2010, 11:45:10 pm
Excuse me, but fuck you.

Never have five words made me laugh so loudly.


It's demeaning on your part because you are assuming that women don't have minds of their own - minds that are capable of saying - "put a damned condom on that prick!"

WRONG!  He's 50% to blame. No more, no less. And someone who doesn't put their seat-belt on has a part in creating their injuries when in a crash.



People who fail to accept the fact that there are NO VICTIMS when it comes to consensual sex are really fooling themselves and doing a major disservice to those who contract HIV (and even to people who are neggies but continue to engage in unprotected sex just because the other partner "looked" good or healthy-- or because they were so damned horny that they threw all caution to the wind).  We are never going to progress at this rate.

Contracting HIV is like tango, it takes two people to make it happen.   Anyone who is negative and doesn't tell their partner "hey put a fucking rubber on" is opening the door to whatever comes their way.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Hellraiser on May 25, 2010, 11:49:41 pm
Contracting HIV is like tango, it takes two people to make it happen.   Anyone who is negative and doesn't tell their partner "hey put a fucking rubber on" is opening the door to whatever comes their way.

You are completely right, but you would think this guy would at least have the decency to use a condom since he was knowingly positive.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Miss Philicia on May 26, 2010, 12:27:06 am
Never have five words made me laugh so loudly.

I hit the report button on that.

Also, this:

http://www.youtube.com/watch?v=jnRGS-l1-3A
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Matty the Damned on May 26, 2010, 12:33:04 am
You are completely right, but you would think this guy would at least have the decency to use a condom since he was knowingly positive.

Well yeah, no one denies that. And what's more his black backside is being prosecuted for it.

In Queensland of all places.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: jackfrost on May 26, 2010, 01:32:51 am
The guy is an ass for not disclosing his status but the women have a responsibility to insist on using a condom.

I was infected because WE did not use a condom. He did not tell me he has HIV and I did not ask. WE are both responsible. When I had my first appointment with the infectious disease specialist I told him what happened and he said "you know you could press charges right?, I could help you with that" I looked at him and said "no i don't want to press charges, because WE are both responsible". I am the one that bent over and let him shove his unwrapped dick in my ass. I didn't ask him his status and I didn't tell him he had to wear a condom.

Until all parties start taking responsibility, this epidemic will never get under control. I equate it to the customer is always right bullshit, because people have it in their head that the customer is always right, there is no personal responsibility even when they make the mistake themselves. Should we start a new phrase "the victim is always right". We all make choices and we need to accept that.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: darkerpozz on May 26, 2010, 01:37:14 am
Wow that was weird, I am not being cocky but that guy looks like me... but it's not I am not acrobat , flexible but american.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 01:43:34 am
He's been remanded to appear in a month.

Zimbabwean-born Zaburoni appeared in the Southport Magistrates Court this morning and was remanded in custody to reappear via a video link next month.

(linkage) (http://www.abc.net.au/news/stories/2010/05/26/2909555.htm)

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: elf on May 26, 2010, 05:58:39 am
Wow that was weird, I am not being cocky but that guy looks like me... but it's not I am not acrobat , flexible but american.
;)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: fearless on May 26, 2010, 07:12:26 am
He didn't disclose and didn't use protection.  He's an asshole.

I thought he was innocent until proven guilty. He has only been charged, there are no findings of fact.

Media reporting has bordered on hysterical "Charged for deliberately infecting his victims with the AIDS virus". Talk about emotive language and embellishment.

Komenas - i think you will find the laws vary from State to State in Aus. And, you can only be prosecuted under one jurisdiction - hence him being extradited from NSW to QLD.

Quite the root rat though - they are saying he is likely to have shagged about 200 women, but no men.

edited to ad: I note, and should have known that Matty would have clarified this point of jurisdictions etc
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: fearless on May 26, 2010, 07:17:36 am


    He's not Australian. 8)

Yes, he is. "Zaburoni, a Zimbabwean-born Australian citizen". We try not to distinguish on the basis of the colour of ones skin  ::)

edited to ad: and on this one  ::)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 26, 2010, 07:50:04 am
Komenas - i think you will find the laws vary from State to State in Aus. And, you can only be prosecuted under one jurisdiction - hence him being extradited from NSW to QLD.

Actually I don't think it's entirely true - the offense of GHB as far as I know exits in every states, but some are more aggressive and some might not have used it as readily to prosecute HIV transmission through consensual sex. His extradition may have to do with the fact that the complainant filed the case in QLD and the alleged unprotected sex happened there.

But a small point really, comparing to the rather expected media hysteria, and too letter information to tell.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 26, 2010, 08:26:43 am
First of all, I do not appreciate the language. We may have a difference of opinion, but keeping it civil is incumbent on everybody.

Now - stripping the gender of the victims aside (which is irrelevant) - I still maintain that an HIV+ person has the RESPONSIBILITY to inform of status / insist on using a condom. HIV- person doing so is only being prudent.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 26, 2010, 08:32:04 am
And I still maintain that an hiv negative person has the RESPONSIBILITY to ALSO insist on a condom. It's a two way street. It's more that prudence, it's a necessity if they want to remain hiv negative. It's a flaming no-brainer.

You'll have to excuse my language. It's rare that I speak like that to anyone here, outside of jesting. However, I was absolutely incensed at YOUR language and content concerning women and I expressed my outrage.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 26, 2010, 08:34:22 am
Borzel,
 it's 50/50. The responibility is with the HIV- partner as well. He didn't force his condomless dick into them.

The charge isn't rape, thats very different. Their handwringing after the fact and using the law to get their own back, is only making matters worse as the press loves anything that'll earn them a few bucks more.

John
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Dachshund on May 26, 2010, 08:40:55 am
First of all, I do not appreciate the language. We may have a difference of opinion, but keeping it civil is incumbent on everybody.

Now - stripping the gender of the victims aside (which is irrelevant) - I still maintain that an HIV+ person has the RESPONSIBILITY to inform of status / insist on using a condom. HIV- person doing so is only being prudent.


Prudent? You can't be serious.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 26, 2010, 08:49:21 am
And I've been thinking about your seatbelt analogy, Borzel.

It's against the law to not wear a seatbelt and you can and will be fined if you get caught not wearing one.

If they're going to prosecute positive people for not wearing condoms, they should prosecute negative people as well.

Responsibility is something we all must shoulder.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Moffie65 on May 26, 2010, 09:09:22 am
If they're going to prosecute positive people for not wearing condoms, they should prosecute negative people as well.

Responsibility is something we all must shoulder.
The most sane and common sense thing I have read on this site in years!!  Thanks Ann.  You are a gem.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on May 26, 2010, 09:09:38 am
I thought he was innocent until proven guilty. He has only been charged, there are no findings of fact.

I might presume innocence if it was a one off, and granted these could just be wild accusations, however if he infected multiple partners and his statement "I didn't want them to reject me" leads one to believe that he knew exactly what he was doing.  He's 30 right?  I mean this is the sort of level of maturity I expect from a teenager not a grown man.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 26, 2010, 09:22:15 am

He's 30 right?  I mean this is the sort of level of maturity I expect from a teenager not a grown man.


You obviously haven't been reading these forums for too long. ;)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on May 26, 2010, 09:26:49 am
You obviously haven't been reading these forums for too long. ;)

What I lack in experience I make up for in dedication?  Yes though I know :P
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 26, 2010, 09:46:15 am
First of all, I do not appreciate the language. We may have a difference of opinion, but keeping it civil is incumbent on everybody.

Now - stripping the gender of the victims aside (which is irrelevant) - I still maintain that an HIV+ person has the RESPONSIBILITY to inform of status / insist on using a condom. HIV- person doing so is only being prudent.


You're missing the point, no one here is saying he should not have disclosed.  If a person wants to remain negative it is their sole responsibility to insure this.   And the reasons for this borzel are: some people do not know their status, while others choose not to disclose.

Peoples' trust is broken everyday, so as a prudent person (anyone about to have sex), is it wise to put an amount of trust in someone else when it comes to something that can have consequences such as a positive diagnosis?

See...  What these laws have provided people is nothing more than a false sense of security.  And borzel if you stick around here long enough you'll see the results of this over in the I Just Tested Poz forum.

Also, do you know what another result from these prosecutions have been?  HIV+ people=bad people, which is simply not the case.  Since when does getting sick become so shameful??  Do we have a few bad apples in our population?  Of course we do, every population, ethnicity, and yes even religion does..  But in the end, these prosecutions accomplish something negative, which also happens to be the one thing it tries to make people do, and that is disclose.

As someone who is newly diagnosed don't you feel it?  I mean are you really open to discussing this with your friends and family? coworkers?  If it was diabetes would it be different?  Why??  We got this shit from doing something even negative people do... unprotected sex.


                                    
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 26, 2010, 09:51:04 am
Just wondering - women please pipe in your opinion.

Were these women all on the pill? Rhythm method? Whats the justification for a one off without protection. I assume he didn't know these women that well, or they might learn that he is HIV+. Thats just an assumption, of course. Maybe he never ever tells anyone.

When I was in college in the early 80's and bi, all the girls were on the pill or had diaphrams. I can't remember ever using a condom with girls. Maybe I did, but it was so insignificant a fact that I dont remember.  Are women on the pill still having unprotected sex willy nilly??  Or with diaphrams????

I doubt a women would reject a man or even think he had HIV just because he puts a condom on his dick when they are all worked up and about to screw. At that moment, would a woman care if the meat is wrapped instead of raw???   Just from a pervected logic - his - i dont understand how he would think a woman would reject him because he put a condom on.  You mean, sex would stop and the woman would say, OH, you must be HIV+!  I don't get it.

I wonder if he insisted on no condom, or the women.  Maybe nothing was said whatsoever and he just went ahead and did as he pleased???

Maybe hes one of those assholes who say they cant stay hard or condoms are too small ( ::) ::)) when hes sitting there with a raging boner and wants to screw raw.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Moffie65 on May 26, 2010, 11:29:15 am
When I was in college in the early 80's and bi, all the girls were on the pill or had diaphrams. I can't remember ever using a condom with girls. Maybe I did, but it was so insignificant a fact that I dont remember.  Are women on the pill still having unprotected sex willy nilly??  Or with diaphrams????

Of this you are proud??   What a declaration of idiocy you have given us, and you wonder why the plague marches on. 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: GSOgymrat on May 26, 2010, 12:07:35 pm
I understand the point that everyone needs to take responsibility for their sexual health and I agree with that. However I take the unpopular position that this man's responsibility to not infect others is greater than one woman's responsibility to keep herself from becoming infected. He knows he has HIV, he knows how to prevent transmission and he intentionally has unprotected sex with many people for what he admits are purely selfish reasons. What she did was negligent but what he was doing was worse. As far as the consequences, she is going to be living with those, as each of us on this forum do. The consequences for his behavior will be decided by a court, which I think is appropriate. He should not be able to say to these women "you should have known better" and continue to have unprotected sex with people without consequence.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 26, 2010, 12:18:41 pm
Ann - I realized you were saying things in the heat of passion, so no harm done :) Just to clarify - there was nothing gender-specific in my view. I only mentioned women because they were HIV- having sex with a HIV+ guy. I would maintain the same opinion for any mix of genders involved in a discordant sex act.

Everyone else - I re-read my comment and want to clarify my position. I don't mean that it's the responsibility of HIV+ to disclose. I think it's our responsibility to EITHER disclose or insist on using protection. The decision to have unprotected sex with someone who assumes they are negative and decision to have unprotected sex with someone who knows they are positive but don't mention it are very different things.
 Ie the guy should just insist on using a condom, simplest reason to use would be that he doesn't want to pick anything up from the woman or he doesn't want to take any chance with kids.

The law is very clear on this and I it was one of the first things my HIV consultant told me at our meeting (a month after diagnosis). She said - "You can't have unprotected sex with people anymore. If you do, you stand a chance of being persecuted. I am supposed to tell you this by law and write it down that you've been informed".

On the seatbelt analogy - I think the severity of punishment for DUI and not wearing a seatbelt are indicative of how severe the two crimes are. Someone who is drunk should not drive - just like someone who is HIV+ should not have unprotected sex (swiss statement excluded).
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 26, 2010, 01:56:42 pm
Of this you are proud??   What a declaration of idiocy you have given us, and you wonder why the plague marches on.  

Idiocy? It was the early 80s baby. It wasnt just me.  There was no "safe sex" among men and women on campus, if the girl had a diaphram or was on the pill, that was it.  Condoms were to avoid pregancy.  There was no awareness of "safe sex and HIV" at all until 84 I'd say.  And only among gays.  Ivy League campus.  So we were all shameful idiots in your opinion.  

If you really need so badly to knock me, do it on an arguable and historically accurate critique. Or just LAY OFF!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 26, 2010, 01:59:01 pm
What she did was negligent but what he was doing was worse.

In the abstract, I have to agree.  But we dont know the particular dynamics, do we.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: darkerpozz on May 26, 2010, 02:00:17 pm
That clarification makes you sound more sympathetic but in my opinion it is the job of a human being to do what's best in their interest and if that means putting on a condom each and every time regardless the person then so be it . I t rubs me the wrong way when with HIV everyone is up in arms about nondisclosure and JUDGMENTAL when I recall the possibility of being infected by alot of things and just for the record a baby is a lifelong committment as well. I know the right thing to do is disclose however it shouldn't be my job to protect those who aren't trying to protect themselves. Being a woman does not negate responsibility for pregnancy so it is just as impoortant here to protect yourselve first.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 26, 2010, 03:38:28 pm
I'm actually very curious to know what the prevalence of condom use for heterosexuals is. There must be surveys done on this.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on May 26, 2010, 04:41:45 pm
I'm actually very curious to know what the prevalence of condom use for heterosexuals is. There must be surveys done on this.

Worse than the cocksuckers (http://www.pinknews.co.uk/2010/04/23/survey-finds-more-straight-women-barebacking-than-gay-men/)...

Quote
23 per cent of women required their male partners to use condoms during anal sex, compared with 61 per cent of gay or bisexual men.
According to the department, an estimated 100,000 New York City women have anal sex every year.

Women who did not use condoms were also far less likely to get tested for sexually transmitted diseases.

While 63 per cent of those who use always condoms get tested regularly, only 35 per cent of those who bareback do.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: xman on May 26, 2010, 05:33:55 pm
There's something even worse than the intentional transmission of this guy. The unknown possible transmissions from the women once infected to their partners! The greatest contribution to the spread of the disease is given by folks who don't get tested and continue to bareback around carrying the virus. The bad thing is that if you unknowingly spread the virus you're not chargeable. This gives those people reasons to not get tested putting them and their partners at potential risk. The fact that everybody negative relies on the disclosure of the partner or the choice to put on a condom is a very unrealable method and approach to control the epidemic. It would function if also the negative person would be legally responsible for not insisting on condoms and for potentially spreading the disease for negligence.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: xman on May 26, 2010, 05:40:16 pm
She said - "You can't have unprotected sex with people anymore. If you do, you stand a chance of being persecuted. I am supposed to tell you this by law and write it down that you've been informed".  

This is not correct. Unprotected sex to conceive for example with a negative person informed of the partner's status doesn't pose the possibility for prosecution, at least in Europe. If you are on HAART the risk of transmission is indeed negligible for heterosexual intercourse and this is also considered in the courts of Switzerland.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 05:43:42 pm
The bad thing is that if you unknowingly spread the virus you're not chargeable.

Where English common law forms the foundation of the legal system (Australia, Canada, the USA etc) for an action to be a crime it's usually necessary for the person committing that action to have intended to do something that they know is wrong. It's called mens rea or guilty mind.

There are exceptions of course, but it's a general princple enshrined in the common law test of criminal action.

It follows that one cannot be charged for transmitting a virus they didn't know they had and this is a good thing.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: xman on May 26, 2010, 05:53:08 pm
It follows that one cannot be charged for transmitting a virus they didn't know they had and this is a good thing.

MtD

It's not a good thing because it induces people to not get tested for the fear to carry responsibilties and for beeing prosecuted. If there is the potential risk of spreading a disease, knowinlgy or unknowingly, the responsibilities should be equal for everyone. It is in the public interest to stop the epidemic and not only a responsibility of the infected population. This common law forms might be good in general but if your mission is to control the spread of HIV you need to change them.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Cliff on May 26, 2010, 06:00:01 pm
I'm always so conflicted on these things.  I get that everyone should take responsibility for their actions/decisions.  I also get that it's difficult to not hold someone accountable when they have information (their status) that they don't share with others which would likely have an impact on the decisions people make.

What he (and others) allegedly do is wrong, but I can understand the stigma that creates the environment where people fear (terribly) disclosure and rejection.  Fear that sometimes makes people do things that others can (from the safety of a forum or jury box) cast judgment on.  But unfortunately prosecution, which may be right, only increases that stigma/fear.

I could be wrong, but it seems like its much less likely for gay men to get prosecuted.  Seems like an assumption (from others and ourselves) that we should have known better.  But I could be wrong.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 06:01:10 pm
It's not a good thing because it induces people to not get tested for the fear to carry responsibilties and for beeing prosecuted. If there is the potential risk of spreading a disease, knowinlgy or unknowingly, the responsibilities should be equal for everyone. It is in the public interest to stop the epidemic and not only a responsibility of the infected population. This common law forms might be good in general but if your mission is to control the spread of HIV you need to change them.

I think we might be at crossed purposes here.

Do you mean that the being able to charge people with an offence they had no idea they were committing (and in fact did not commit) will result in an increase in the number of people being tested for HIV?

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: xman on May 26, 2010, 06:16:23 pm
I think we might be at crossed purposes here.

Do you mean that the being able to charge people with an offence they had no idea they were committing (and in fact did not commit) will result in an increase in the number of people being tested for HIV?

MtD

You're missing the point. Sexual active people must consider that until they're tested negative they are a possible vector for new infections and so a potential threat to public health. If we always delegate the responsibilities to others we will never win this battle. It's a very simple and practical logic. HIV testing should be mandatory or at least stimulated by not letting people think that keeping an unknown status would not put them on responsibilities. Once infection is confirmed, which of course needs to remain confidential, the possibility is to put infected people on treatment to drastically lower transmission rates. Estimates are that controlled HIV infection would lower transmission risks by 80%. Since we can't control the epidemic relying on the use of condoms alone (20 years of prevention progams based on this logic failed consistently) this is only reasonable and effective approach until a vaccine or cure is found.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Cliff on May 26, 2010, 06:20:06 pm
Ah, well no need in worrying about those pesky things called human rights (autonomy in particular).  Test everyone and put em on meds if they test positive.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 06:25:01 pm
You're missing the point. Sexual active people must consider that until they're tested negative they are a possible vector for new infections and so a potential threat to public health. If we always delegate the responsibilities to others we will never win this battle. It's a very simple and practical logic. HIV testing should be mandatory or at least incentivated by not letting people think that keeping an unknown status would not put them on responsibilities. Once infection is confirmed, which of course needs to remain confidential, the possibility is to put infected people on treatment to drastically lower transmission rates. Estimates are that controlled HIV infection would lower transmission risks by 80%. Since we can't control the epidemic relying on the use of condoms alone (20 years of prevention progams based on this logic failed consistently) this is only reasonable and effective approach until a vaccine or cure is found.

OK. Firstly paragraphs. Give each discrete idea its own paragraph and understanding what you write will be easier for others. ;)

Mandatory testing will have the opposite effect of what you desire. It only drives people deeper underground. It creates an air of fear and menace and runs contrary to the notion of personal responsibility.

Finally the stuff about condoms and vaccines and cures is a non-sequitur.

I could be wrong, but it seems like its much less likely for gay men to get prosecuted.  Seems like an assumption (from others and ourselves) that we should have known better.  But I could be wrong.

Naw Cliffie, you ain't wrong and you raise a interesting and important point.

HIV disclosure prosecutions in Australia almost always involve heterosexual transmission from male to female.

I think there is a much greater acceptance of HIV in the Gay community. As a people we're also better at supporting each other and you're right - fags (as a group) have a tendency to appreciate that HIV is the consequence of particular personal behaviour.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jay195 on May 26, 2010, 06:47:28 pm
I agree with everything borzel says.OK so it's everyone's decision to use a condom or not but knowingly passing on hiv is a freakin shitty thing to do. The guy who infected me knew his status and didn't tell me. Shit ! how can someone be having sex and knowing they are passing the virus on ? The mind boggles. At least tell your partner and let them decide if they want to have sex with you  or not, it would be nice to be informed of the situation, barring that at least the infected person should use a condom out of respect for his partner. I can't understand why Anne always defends the givers !!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 26, 2010, 06:55:35 pm
I agree with everything borzel says.OK so it's everyone's decision to use a condom or not but knowingly passing on hiv is a freakin shitty thing to do. The guy who infected me knew his status and didn't tell me. Shit ! how can someone be having sex and knowing they are passing the virus on ? The mind boggles. At least tell your partner and let them decide if they want to have sex with you  or not, it would be nice to be informed of the situation, barring that at least the infected person should use a condom out of respect for his partner. I can't understand why Anne always defends the givers !!

I was infected by someone who knew they had the virus. I take responsibility for my infection, however, because

I CONSENTED TO UNPROTECTED SEX

Assuming responsibility for my infection was the first step towards accepting my role in treating it.

Ann (not Anne) does not "always defend the "givers") Ann (not Anne) promoted mutual responsibility for adults involved in a consensual act.

Was I naive? Yep. Did I trust the wrong guy? You betcha. Was I a victim? NO. I refused that term. And by NOT being a victim, I found the strength to stay alive for almost twenty years, back when HIV really WAY a death sentence.

It is a strategy I highly recommend.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leese43 on May 26, 2010, 06:58:59 pm
I agree with everything borzel says.OK so it's everyone's decision to use a condom or not but knowingly passing on hiv is a freakin shitty thing to do. The guy who infected me knew his status and didn't tell me. Shit ! how can someone be having sex and knowing they are passing the virus on ? The mind boggles. At least tell your partner and let them decide if they want to have sex with you  or not, it would be nice to be informed of the situation, barring that at least the infected person should use a condom out of respect for his partner. I can't understand why Anne always defends the givers !!

Ditto..but then I'm also someone who was infected by a man that knew his status, I wish i never found out because it messed with my head more than the diagnosis did.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 07:24:33 pm
I agree with everything borzel says.OK so it's everyone's decision to use a condom or not but knowingly passing on hiv is a freakin shitty thing to do. The guy who infected me knew his status and didn't tell me. Shit ! how can someone be having sex and knowing they are passing the virus on ? The mind boggles. At least tell your partner and let them decide if they want to have sex with you  or not, it would be nice to be informed of the situation, barring that at least the infected person should use a condom out of respect for his partner. I can't understand why Anne always defends the givers !!

She doesn't "defend" the givers. Peruse her posting history - you'll see more than one occasion where she has taken those who've been reckless with their HIV to task.

And rightly so.

But that doesn't absolve you of your burden. You are HIV positive because you decided to have unprotected sex. It was your responsibility to protect yourself.

You consented to unprotected sex and now you have HIV. Suck it up.

It doesn't matter that the person you think infected you didn't disclose - had you insisted on protected sex (or refused to have unprotected sex) you wouldn't be here now.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 26, 2010, 07:44:12 pm
Thank you, Miss Phil. 23% does make sense. I do think that there is a relatively low incidence of condom use for heteros. There is a chapter on prostitution in Super Freakonomics, fascinating.

Street pros charge $2 less per act ($80 for vaginal sex) for using a condom and average 300 instances of *unprotected* sex a year. The good news according to their research is that men who use street pros have a surprisingly low rate of HIV, less than 3% (same is not true for male customers who hire male prostitutes - their rate is above 35%).

-----

Xman - you're absolutely right, I can have unprotected sex, just need the partner to sign a consent form :)

-----

MtD - why are you trying so hard to excuse the bastards who go around knowingly spreading HIV? What is your angle? (in the process being pretty hard on jay195).
Is it some sort of crying-heart-liberal thing that excuses all kinds of antisocial behavior and turns victim into an accomplice? Is it about self-empowerment (I MEANT to get HIV!)? The law and court of public opinion is pretty clear on  the other side.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leese43 on May 26, 2010, 07:47:48 pm
As I ditto'd that quote I'd just like to say that I do suck it up but it doesn't mean that I'm going to agree with the majority on here about not prosecuting. Although, having said that, I decided not to for reasons I won't go into  Secondly I don't just "think" I know who infected me, I know who infected me.

Leese
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 26, 2010, 07:49:38 pm
MtD - why are you trying so hard to excuse the bastards who go around knowingly spreading HIV? What is your angle? (in the process being pretty hard on jay195).
Is it some sort of crying-heart-liberal thing that excuses all kinds of antisocial behavior and turns victim into an accomplice? Is it about self-empowerment (I MEANT to get HIV!)? The law and court of public opinion is pretty clear on  the other side.

Matty's not defending them and neither is anyone else, we're saying the responsibility is 50/50, and until everyone takes responsibility for their health and "wrap up" the numbers of newly infected aren't going to decrease

John
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 07:57:43 pm
MtD - why are you trying so hard to excuse the bastards who go around knowingly spreading HIV? What is your angle? (in the process being pretty hard on jay195).
Is it some sort of crying-heart-liberal thing that excuses all kinds of antisocial behavior and turns victim into an accomplice? Is it about self-empowerment (I MEANT to get HIV!)? The law and court of public opinion is pretty clear on  the other side.

I am not a liberal (in any sense of the word), nor am I of the crying heart.

The issue here is that some seek to apportion blame at all rather than accepting that they have HIV and moving on with their lives. We do such people no favours by coddling them and enabling their victim mentalities.

Sure you can blame the selfish fuckwit who didn't tell you he had HIV before he stuck it in you, but if you're going to do that be prepared to accept that you let him fuck you.

Hello vicious circle.

HIV will stop spreading when HIV negative people start taking responsibility for their own sexual health. I fail to see how that point is so difficult to grasp.

This isn't fucking rocket surgery.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 26, 2010, 07:58:33 pm
Show me where anyone has "excused" those who infect others. I really cannot read that.

And it is not a "bleeding-heart liberal" attitude that promotes personal responsibility. If anything, it's a fairly traditional one.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 26, 2010, 08:18:04 pm
Mtd - So you are advocating this as part of the acceptance stage? Ie that concentrating on the victimhood aspect prevents one from moving on with their life? That may be true - but I also think it's important to not lose sight of the responsibility HiV+ people have toward the HIV-. Playing Russian roulette with lives of others is indefensible.

I personally think the best way to halt is to amp up the testing (as well as enforce the laws in question). I believe that is the most effective way to deal with it. That said - I think this guy is a bad apple (hence the news story) and most hiv+ would not do this.

Oh - just to clear up - I have absolutely no personal involvement in this issue. I was given HIV by someone  who didn't know they were positive, I actually gave the person the bad news myself.  If an individual knowingly gave me the virus there would be [NJ accent] very severe consequences for them to face.

-----
Jkin - well if one says that the blame is 50-50 than it removes half of the responsibility from the offender. That sounds like partly excusing or at least removing culpability.

I see your point how one should take responsibility for his actions. And having unprotected sex can lead to a virus. BUT - that would be true in case of your partner not knowing (as it happened to me). If the partner knows and knowingly infects you - I think that changes the equation.

What would you say to someone who is HIV+ and donates blood? Let's say somehow his blood enters the blood bank (test didn't work).


Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 08:23:27 pm
Mtd - So you are advocating this as part of the acceptance stage? Ie that concentrating on the victimhood aspect prevents one from moving on with their life? That may be true - but I also think it's important to not lose sight of the responsibility HiV+ people have toward the HIV-. Playing Russian roulette with lives of others is indefensible.

I'm advocating it as common fucking sense. But yes, coming to terms with an HIV diagnosis is much easier if one avoids the all too tempting desire to blame others for what is really one's own failing.

Looking for someone to blame is ultimately pointless. There are better more constructive ways to expend such personal energy.

Oh - just to clear up - I have absolutely no personal involvement in this issue.

I suspect that this is not true.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 26, 2010, 08:30:09 pm
"I'm advocating it as common fucking sense. But yes, coming to terms with an HIV diagnosis is much easier if one avoids the all too tempting desire to blame others for what is really one's own failing.

Looking for someone to blame is ultimately pointless. There are better more constructive ways to expend such personal energy."

Then we are talking about different things. I was talking about the acrobat who infected Australian women. You veered into one's personal journey of living with the disease. It may have been my fault for recognizing that earlier.

"I suspect that this is not true."

Not sure how. If you are implying that I'm blaming someone else for my getting sick - I am not. Here I actually take full responsibility - the person didn't know they had it. I fucked up.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 26, 2010, 08:35:16 pm
Jkin - well if one says that the blame is 50-50 than it removes half of the responsibility from the offender. That sounds like partly excusing or at least removing culpability.

It's neither excusing nor removing culpability, what he did was wrong, but saying it was all his fault isn't going to help these women (note the last i read they had only found one) come to terms with the change in thier reality.
Playing Russian roulette with lives of others is indefensible..

And the russian roulette of these women???
I see your point how one should take responsibility for his actions. And having unprotected sex can lead to a virus. BUT - that would be true in case of your partner not knowing (as it happened to me). If the partner knows and knowingly infects you - I think that changes the equation.

Different ballgame, but unfortunatley with the same result, ergo wrap it up every time

What would you say to someone who is HIV+ and donates blood? Let's say somehow his blood enters the blood bank (test didn't work).

There will always be the danger of one bad apple who tries it on, but the greater danger is people gay bi or st8 who don't test reguarly, don't know thier own staus and give blood. However the tests are very reliable, and one hell of a lot more accurate than a vague I'm straight, so i don't need to test but i know i'm neg

John
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 08:38:49 pm
"I'm advocating it as common fucking sense. But yes, coming to terms with an HIV diagnosis is much easier if one avoids the all too tempting desire to blame others for what is really one's own failing.

Looking for someone to blame is ultimately pointless. There are better more constructive ways to expend such personal energy."

Then we are talking about different things. I was talking about the acrobat who infected Australian women. You veered into one's personal journey of living with the disease. It may have been my fault for recognizing that earlier.

No we're talking about the same thing. The acrobat's case serves as an exemplar of what I consider to be the issue of apportioning blame rather than doing anything concrete about educating the community about HIV transmission.

"I suspect that this is not true."
Not sure how. If you are implying that I'm blaming someone else for my getting sick - I am not.

No, I'm not implying that. I accept that you take responsibility for your infection.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Bucko on May 26, 2010, 08:40:05 pm
I cannot honestly believe that any member here could possibly advocate the criminalization of having HIV. But I guess if you live long enough, anything's possible.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Rev. Moon on May 26, 2010, 09:21:37 pm
I was infected by someone who knew they had the virus. I take responsibility for my infection, however, because

I CONSENTED TO UNPROTECTED SEX

Assuming responsibility for my infection was the first step towards accepting my role in treating it.

Ann (not Anne) does not "always defend the "givers") Ann (not Anne) promoted mutual responsibility for adults involved in a consensual act.

Was I naive? Yep. Did I trust the wrong guy? You betcha. Was I a victim? NO. I refused that term. And by NOT being a victim, I found the strength to stay alive for almost twenty years, back when HIV really WAY a death sentence.

It is a strategy I highly recommend.



100% with you on that.

On May 8th and May 9th, 2009, I slept with someone whom I thought I trusted and who knew his status.  I was dumb enough to believe it when he said "I'm negative."  His words at the end of the sexual act hinted that something was up (he said "don't worry about me, worry about yourself").  Less than three weeks later, a year to this day, I began the most ghastly acute infection process known to humanity (well, that's all relative).  Soon enough I became a pozzie.

So yes, he lied.  It could even be argued that what he did was morally incorrect or whatever you want to dub it.   Still, the fact remains that I was the one who made the incredibly fucking stupid decision of having unprotected sex with that man.  I assume my 50% responsibility in this goddamned debacle.   Did I ever think about blaming him or reporting him to some authority?  FUCK NO; I am no angel (I had been quite the whore before, but condoms were always part of the equation).  I did what I did and I unfortunately paid for that mistake.

Being honest with oneself: priceless when it comes to the HIV process.

People need to stop eating what the chicken pecks and put away the stupid victim act.  It simply disgusts me.

[edited 'cause me grammar stinks when I'm pissed off]
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 26, 2010, 09:36:29 pm
In psychology, Stockholm syndrome is a term used to describe a paradoxical psychological phenomenon wherein hostages express adulation and have positive feelings towards their captors that appear irrational in light of the danger or risk endured by the victims.[1][2] The FBI?s Hostage Barricade Database System shows that roughly 27% of victims show evidence of Stockholm syndrome.[3] The syndrome is named after the Norrmalmstorg robbery of Kreditbanken at Norrmalmstorg in Stockholm, in which the bank robbers held bank employees hostage from August 23 to August 28, 1973. In this case, the victims became emotionally attached to their captors, and even defended them after they were freed from their six-day ordeal. The term "Stockholm Syndrome" was coined by the criminologist and psychiatrist Nils Bejerot, who assisted the police during the robbery, and referred to the syndrome in a news broadcast.[4] It was originally defined by psychiatrist Frank Ochberg to aid the management of hostage situations.[5]

http://en.wikipedia.org/wiki/Stockholm_syndrome

Love the avatar though :)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 26, 2010, 09:40:33 pm
In psychology, Stockholm syndrome is a term used to describe a paradoxical psychological phenomenon wherein hostages express adulation and have positive feelings towards their captors that appear irrational in light of the danger or risk endured by the victims.[1][2] The FBI?s Hostage Barricade Database System shows that roughly 27% of victims show evidence of Stockholm syndrome.[3] The syndrome is named after the Norrmalmstorg robbery of Kreditbanken at Norrmalmstorg in Stockholm, in which the bank robbers held bank employees hostage from August 23 to August 28, 1973. In this case, the victims became emotionally attached to their captors, and even defended them after they were freed from their six-day ordeal. The term "Stockholm Syndrome" was coined by the criminologist and psychiatrist Nils Bejerot, who assisted the police during the robbery, and referred to the syndrome in a news broadcast.[4] It was originally defined by psychiatrist Frank Ochberg to aid the management of hostage situations.[5]

Perhaps I'm missing something but what's that got to do with anything??

John
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 26, 2010, 09:41:26 pm
Well, there are a few "victims" among the HIV+ set, and if anyone doesn't like that fact, please don't insult everyone with your definitions of healthy acceptance.

Transmission through rape - victim.
Total betrayal of rules in a committed relationship where the unsafe sex has been negotiated to those rules - victim.
I am sure there are other cases, too.

I agree it may not help the HIV+ person to wear victim on his sleeve.  I'm seeing that the pariah status and death sentence of an HIV diagnosis are constructions you need not accept, so "victim" of what. A person raped is actually a victim of violence.  HIV is a nasty bonus.  A person who is betrayed so horribly in a relationship is a victim of a horrible relationship.

Humans are complex creatures.  I don't think it helps at all to go around saying ALL HIV+ people "deserve" or are responsible for what they got" for one reason or another.  I think some people are just going about their human lives and can be run over by the HIV bus and sometimes that bus is driven by a particularly despicable character.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 26, 2010, 09:44:07 pm
Perhaps I'm missing something but what's that got to do with anything??

John

Maybe he's trying to tell us we are all secretly in love with our infector. ???  Dunno though..
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Rev. Moon on May 26, 2010, 09:54:43 pm

I agree it may not help the HIV+ person to wear victim on his sleeve.  I'm seeing that the pariah status and death sentence of an HIV diagnosis are constructions you need not accept, so "victim" of what. A person raped is actually a victim of violence.  HIV is a nasty bonus.  A person who is betrayed so horribly in a relationship is a victim of a horrible relationship.

Miss Meech, did I say anything about victims of rape or betrayed partners in a committed relationship?  Uhmmm... no.  So please misquote someone else.


Humans are complex creatures.  I don't think it helps at all to go around saying ALL HIV+ people "deserve" or are responsible for what they got" for one reason or another.  

To quote Ann, "excuse me, but fuck you."  I was referring about my own situation when I said that I got what "I deserved" for being irresponsible about my sex life.  If you want to use some other euphemism go ahead and knock yourself out.  Everyone else may go ahead and feel whatever way they want about their infection.  Still, I stand by my words that it is irresponsible and deplorable for anyone who decided to ride it cowboy style at some point with some random trick or partner and come in here playing victim.  Sorry, it does not fly with me.


In psychology, Stockholm syndrome is a term used to describe a paradoxical psychological phenomenon wherein hostages express adulation and have positive feelings towards their captors that appear irrational in light of the danger or risk endured by the victims.[1][2] The FBI?s Hostage Barricade Database System shows that roughly 27% of victims show evidence of Stockholm syndrome.[3] The syndrome is named after the Norrmalmstorg robbery of Kreditbanken at Norrmalmstorg in Stockholm, in which the bank robbers held bank employees hostage from August 23 to August 28, 1973. In this case, the victims became emotionally attached to their captors, and even defended them after they were freed from their six-day ordeal. The term "Stockholm Syndrome" was coined by the criminologist and psychiatrist Nils Bejerot, who assisted the police during the robbery, and referred to the syndrome in a news broadcast.[4] It was originally defined by psychiatrist Frank Ochberg to aid the management of hostage situations.[5]

http://en.wikipedia.org/wiki/Stockholm_syndrome

Love the avatar though :)

Sorry, mate. This does not apply to me.  I do not defend that man nor do I harbor any positive feelings towards him.  I simply can't hate him.  I accept responsibility for my infection, take the necessary steps to remain healthy, accept my life with HIV, and move the fuck on.  Simple as that.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 26, 2010, 09:56:00 pm
Maybe he's trying to tell us we are all secretly in love with our infector. ???  Dunno though..

must be a deeply buried secret then ::)

I'm not in love with this mystery man, but then again even if I knew who it was i wouldn't take him to court.
Shit happens, all we can do is pick up the peices and try and make the best of the situation

John
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 26, 2010, 09:59:40 pm
Rev, I was referring to the argument in general. The you was not you, the you was one.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 26, 2010, 10:01:41 pm
Mecch so your saying we're not responsible for ourselves, actions and consequences??
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Rev. Moon on May 26, 2010, 10:02:19 pm
Rev, I was referring to the argument in general. The you was not you, the you was one.

Then I apologise for my transgressions (and still stand by my general point :))
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 26, 2010, 10:06:13 pm
I dont have a problem with your point Rev. I have a problem when the general argument among HIV+ people is that all HIV+ are responsible for their infection. Its far too much moralising and conjecture than is called for. We don't know shit about other peoples experiences. We dont know shit about what happened between this guy and the women "he" "infected". 
I am all for anyone assuming their current situation and making the best of it.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 26, 2010, 10:12:21 pm
I dont have a problem with your point Rev. I have a problem when the general argument among HIV+ people is that all HIV+ are responsible for their infection. Its far too much moralising and conjecture than is called for. We don't know shit about other peoples experiences. We dont know shit about what happened between this guy and the women "he" "infected". 
I am all for anyone assuming their current situation and making the best of it.

That is not the general argument. On more than one occasion we have qualified our various positions on personal responbility.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 26, 2010, 10:15:46 pm
Mecch so your saying we're not responsible for ourselves, actions and consequences??

Obviously not, EVERY PERSON is not ALWAYS "responsible" for events and consequences in this world. There are evil and sick people around who will do othes wrong.  
In the case of HIV, its not so easy to prove intent to harm, nor would it be easy to prove someone's state of "victimness".  Some states write it all out and its often ridiculous definitions. Not always though.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 26, 2010, 11:21:05 pm
Obviously not, EVERY PERSON is not ALWAYS "responsible" for events and consequences in this world. In the case of HIV, its not so easy to prove intent to harm, nor would it be easy to prove someone's state of "victimness".  Some states write it all out and its often ridiculous definitions. Not always though.

That's why Ann mentioned the rape victims being excluded from responsibility.  If that's not what you meant, who cares what the other person's intentions are, the fact still falls on personal responsibility to protect oneself.  You bring up a good point though,

"There are evil and sick people around who will do othes wrong."

And this is all the more reason why people should protect themselves.   
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 04:03:27 am
That's why Ann mentioned the rape victims being excluded from responsibility.  If that's not what you meant, who cares what the other person's intentions are, the fact still falls on personal responsibility to protect oneself.  You bring up a good point though,

"There are evil and sick people around who will do othes wrong."

And this is all the more reason why people should protect themselves.   


Thanks Skeebs,
was looking through this ans realised you had already said what i was about to post.

I second this
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 27, 2010, 04:08:00 am
Thanks Skeebs,
was looking through this ans realised you had already said what i was about to post.

I second this

You got it kid. Skeeter might be southern, but from time to time he makes more than a bit of sense. :)

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 04:14:16 am
i didn't think you could get any further south than you  ??? ;)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 27, 2010, 04:25:28 am
i didn't think you could get any further south than you  ??? ;)

AnnieBC is slightly to the south of Matty. :)

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: GSOgymrat on May 27, 2010, 04:39:05 am
I cannot honestly believe that any member here could possibly advocate the criminalization of having HIV. But I guess if you live long enough, anything's possible.



What, if any, consequences do you feel there should be for people who know they are HIV+, lie about their status and refuse to use condoms?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 27, 2010, 04:57:38 am
Send these people to a deserted island to live with each other.

Or there is always William F. Buckley's old 80's proposal, tattoo HIV+ on them.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 27, 2010, 05:28:42 am
Send these people to a deserted island to live with each other.

Or there is always William F. Buckley's old 80's proposal, tattoo HIV+ on them.

Yawn.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 08:36:57 am
 
What, if any, consequences do you feel there should be for people who know they are HIV+, lie about their status and refuse to use condoms?

Well New York state is looking to lock such a person up for good.

BUFFALO, N.Y. ? A former drug dealer who infected at least 13 women with the AIDS virus should stand trial on New York state's efforts to have him committed indefinitely as a dangerous sex offender, a judge ruled Thursday.

http://www.google.com/hostednews/ap/article/ALeqM5i-5H5nnJGLcu7t7RL-EhRD7x7IBgD9FHJ0B81
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on May 27, 2010, 08:49:40 am

Well New York state is looking to lock such a person up for good.

BUFFALO, N.Y. ? A former drug dealer who infected at least 13 women with the AIDS virus should stand trial on New York state's efforts to have him committed indefinitely as a dangerous sex offender, a judge ruled Thursday.

http://www.google.com/hostednews/ap/article/ALeqM5i-5H5nnJGLcu7t7RL-EhRD7x7IBgD9FHJ0B81

There is so much more to this than can be encapsulated in a single sentence.  While it does not bode well for us that any disease whose spread requires two participants to propogate itself be punishable by law, the egregious infections by the guy in the previously linked article IS criminal.  If I infected 13 people with this virus I would fully expect to be punished for it. The other case over which this thread was started is something I would be curious to hear the exact details of, however I'm under the impression that he simply could not come to terms with his positive status and the stigma attached to it so rather than using a condom or disclosing to the women he was sleeping with he summarily infected at least one of them.  He could easily have prevented her infection had he simply been adult enough to utilize a condom.  She also could have prevented her infection but I do feel that the burden of guilt in this case falls on the party who had knowledge of the disease prior to the sexual act.

PS: This has nothing to do with my own infection which I fully take responsibility for, so please don't try to link this back to me playing the victim which seems to be the prevalent thought here.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: fearless on May 27, 2010, 09:20:27 am
I can't wait till they bring the first charges against a person for recklessly causing grievous bodily harm by coming to work with swine flu and 'deliberately' infecting hundreds of others, some of whom die within days of infection.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 12:20:42 pm
Thus my Typhoid Maryesque proposal. Locked up on that island. HIV sooooooo scarey scarey business. Boo! So vulgar, such bad taste. Criminal criminal criminal.

I dont see it coming to that at all.
Any smart judge would come up with the novel punishment of criminal charges for the grevious bodily harm, therapy in prison, and maybe mandatory HAART with testing for repeat offenders.  Like the neutering of sex criminals.  A genuine sex criminal who is criminal because he (she) can't help but charm dozens of people and transmit HIV, well I guess this must be so rare that I wouldn't have qualms about mandatory HAART with monitoring.  And rehabilitation so the person could understand how fucking anti-social and pathological it is to spread serious diseases through willful actions!

By the way, Switzerland readied their municipal bomb shelters to quarantine people with Swine flu and, before that, Aviary flu.  But finally it wasn't necessary.  They also pocketed billions selling medicine against the scare.  

Im sure any country with a pharmaceutical industry would be very interested indeed in mandatory HAART for certain anti-social actions - deliberate transmission.

Oh, for all the dense, I'm not advocated this. Just like i didnt like Buckley's proposal.  Just throwing it out there.

It DOES seem stupid to let a repeat HIV "transmitter" remain untreated, under the guise that it removes his human right to force medicine.  He didnt respect the rights of others, so.....
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 12:29:32 pm
And the result: People won't get tested in case they're found guilty
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 12:37:34 pm
And the result: People won't get tested in case they're found guilty

Please try that again with more words or better grammar?

They wont get tested unless they are found guilty?

They wont get tested because if the are positive and have infected people it will lead to criminal charges?

I think maybe you mean the latter.

In fact, you are morally NOT cleared, automatically, if you don't know you are HIV+ and infect another. Maybe, maybe not.  There is something called negligent ignorance.  "You should know that you are HIV- before you have risky sex."
Also, I seem to recall there being charges when people had risky histories and willfully refused to test.

Its all a rat fuck, in my opinion.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: john33 on May 27, 2010, 12:58:40 pm
Please try that again with more words or better grammar?
I'm as commmon as muck and proud of it,  ;D
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 01:08:10 pm
well did you mean "in case" or "unless"??
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 01:09:13 pm
ok you'll have to educate me!

they're the same thing aren't they?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 27, 2010, 01:16:44 pm
well did you mean "in case" or "unless"??

   cant he just use both and put a comma in the middle? ;D :D
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 01:18:36 pm
Happy to oblige.

I will bring an umbrella in case it rains.

That means, you bring an umbrella now, as preparation for something that might happen. Rain.


We will have a picnic, unless it rains.
That means you plan to have a picnic.  But if it rains, you wont have the picnic.

We will eat inside in case it rains.  That means: if it rains you will eat inside. If it doesn't rain, we assume you will not.


He will not get tested unless he is guilty.  That means, only when he is guilty, will he get tested. First guilty, then tested.  This isn't possible in what we were talking about. Because he would have to be tested before a trial to prove he was HIV+ and thus responsbile for something.

He will not get tested in case he is guilty.  This means, he will not get tested, because he fears he would be HIV+ and thus guilty.  But this doesnt make sense in our scenario either, because then he did not transmit with intention to transmit.  Thus he would be guilty of nothing.  
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 01:18:58 pm
  cant he just use both and put a comma in the middle? ;D :D

an excellent compromise ;D
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 01:20:07 pm
You will have to trust me on this. Unless and in case are quite different. Almost opposites.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 01:22:43 pm
ok 'ill look up the difference.
I've been using them as the same and never realised they were different.

John (who's dragging his uneducated ass to wikipedia)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 01:25:30 pm
I deal with this all the time with francophones, its not so obvious.
My examples are really standard, I just googled for you and got almost the same!
http://www.learn-english-today.com/lessons/lesson_contents/in-case_unless.htm

See if you can replace "except if" for in case or unless.  If it makes sense with except if - that means you need unless.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 01:28:27 pm
thanks! and noted.

Suddenly i wish i'd payed attention in scholl lol
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 01:34:11 pm
scholl
:o ::) :o ::)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 27, 2010, 01:40:16 pm

What, if any, consequences do you feel there should be for people who know they are HIV+, lie about their status and refuse to use condoms?


If an (allegedly) negative person is interested in fucking a person who refuses to use condoms (regardless of what that person claims about their hiv status), then the (allegedly) negative person should REFUSE to fuck them. Then there are no consequences. See how that works?

If the poz person refuses to take no for an answer and rapes the (allegedly) negative person, then the poz person should be tried for rape, with a more severe sentence being handed down if the person is judged guilty of not only rape, but also hiv transmission.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on May 27, 2010, 01:42:49 pm
If an (allegedly) negative person is interested in fucking a person who refuses to use condoms (regardless of what that person claims about their hiv status), then the (allegedly) negative person should REFUSE to fuck them. Then there are no consequences. See how that works?

I'm seriously amazed that this forum's members can't grasp this.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 27, 2010, 01:51:41 pm
I'm seriously amazed that this forum's members can't grasp this.

Aye. It's mind-boggling. Gets a bit tedious.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 01:52:42 pm
If an (allegedly) negative person is interested in fucking a person who refuses to use condoms (regardless of what that person claims about their hiv status), then the (allegedly) negative person should REFUSE to fuck them. Then there are no consequences. See how that works?

If the poz person refuses to take no for an answer and rapes the (allegedly) negative person, then the poz person should be tried for rape, with a more severe sentence being handed down if the person is judged guilty of not only rape, but also hiv transmission.

I really don't understand why you refuse to acknowledge the moral and legal obligation upon the HIV+.

How about this analogy - a con man who lies to an old person and steals their money by pretending to be a friend of his granddaughter who is in trouble. Your answer seems to be - it's the responsibility of the conned to check references and make sure they are not taken advantage of. That may be prudent - but our society still condemns and incarcerates those who cheat and lie.
Most of human interactions are predicated on trust. How would society operate if EVERY transaction was put in question? It simply doesn't work. Two people who are about to have sex (usually) like each other. They have a connection. It's only natural to expect their to be trust.

Your idea is predicated on assumption that nobody can be trusted - that's just not how things work.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 27, 2010, 01:58:06 pm

Your idea is predicated on assumption that nobody can be trusted - that's just not how things work.


NOPE. Sorry. My idea is predicated on the assumption that yes, some people lie and cannot be trusted, but trusted people MAY NOT ACCURATELY KNOW THEIR HIV STATUS.  You cannot tell someone about something you do not know you have.

You know, kinda like the woman from whom you acquired YOUR infection. Kinda like the man from whom I acquired MY infection.

I should have insisted on using condoms. I didn't. I'm responsible for my own infection and I would feel that way even if I'd found out that the person involved KNEW their status and LIED.

My health is my own responsibility and I refuse to lay that responsibility on anyone else's doorstep. It's mine and mine alone.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on May 27, 2010, 02:05:11 pm

Your idea is predicated on assumption that nobody can be trusted - that's just not how things work.

Nobody can be trusted.  That's entirely correct.  Even in a supposed monogamous relationship where one choses to dispense with condoms that's correct, because we all know of monogamous relationships that aren't monogamous.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 02:05:39 pm
If an (allegedly) negative person is interested in fucking a person who refuses to use condoms (regardless of what that person claims about their hiv status), then the (allegedly) negative person should REFUSE to fuck them. Then there are no consequences. See how that works?

If the poz person refuses to take no for an answer and rapes the (allegedly) negative person, then the poz person should be tried for rape, with a more severe sentence being handed down if the person is judged guilty of not only rape, but also hiv transmission.

Pretty damn good. You should circulate this to legislators around the world, and the UN AIDS commission.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 02:35:02 pm
I see your point. And I agree with it - if everybody always used condoms, none of us would be here.

I think our difference of opinion stems from how we approach the situation. You seem take a more idealised view (what people should do) whereas I consider what people actually do.

I wish things were as you see them but human nature prevents it.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 03:15:35 pm
aren't we meant to be constantly evolving and learning to be smarter (the human race in general).

No-one is responsible for my health except me. And the same applies to everyone. people acting in this fashion will cut the infection rates drastically. The President of Uganda proved this.

http://www.pbs.org/wgbh/pages/frontline/video/flv/generic.html?s=frol02p6b&continuous=1

I'm about to start repeating myself so i end here
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: GSOgymrat on May 27, 2010, 04:24:41 pm
If an (allegedly) negative person is interested in fucking a person who refuses to use condoms (regardless of what that person claims about their hiv status), then the (allegedly) negative person should REFUSE to fuck them. Then there are no consequences. See how that works?

If the poz person refuses to take no for an answer and rapes the (allegedly) negative person, then the poz person should be tried for rape, with a more severe sentence being handed down if the person is judged guilty of not only rape, but also hiv transmission.

So, by your logic, the onus lies on the negative person to stay negative and as long as I can talk someone out of using a condom I am morally justified in having unprotected with them. The negative person must take responsibility for their sexual health and I am absolved of responsibility unless I rape them.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 05:50:20 pm
I dont think Ann says that. But I also think you have a good point. That is why this topic is a ratfuck.

One of the problems is that people like to divide up the responsibility by the figure 100.  Oh, 50% on me, 50% on the other. That must be equal.

I think what Ann wants to argue is that its 100% on each person. So in a transmission scenario, you are dealing with the figure of 200 percent.
Its more the dare I say - buddhist kind of thinking.  We are all certainly 100% responsible for dealing with our current reality and if that includes an HIV infection so be it. 
If someone runs you down with a car, you are NOT responsible, but if you make that event turn your life miserable, you are responsible at least for that. If holding another responsible for transmision, in a messy and banal ordinary transmission scenario (not rape, etc.), prevents you from 100% responsibility today and in the future, you are baked.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: BT65 on May 27, 2010, 06:07:18 pm
I really don't see the predicament here that some would like to see.  If two people choose to have sex, then using a condom is also a choice; or not using one.  How many have had an STD, and really could not pin down who gave them the infection?  I realize HIV is a bit different (although much better than it was 21 years ago), but again, safe sex is a choice (other than forced sex).

Years and years ago, I got a bad case of chlamydia.  I could pin point it down to one of two persons.  Should I have gone, hell bent, in search of these people, and wail out nasties at them?  Naw.  I should have insisted in a condom, especially since I knew these two dudes were very promiscuous. 

Same dif.  I didn't insist my first ex-husband use condoms, even though I knew he was sleeping around, and I had heard, on the radio, about a "new, strange virus that kills people."  So, here I am, and here we are.  Lots of us, who didn't insist on condoms.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 06:20:16 pm
I think we are overcomplicating it. The issue in question (as per the article) is someone in 2010 having unprotected sex while knowing their HIV+ status.

This is both immoral and illegal. Full stop. People doing so should be condemned and not excused. Courts should figure out most effective way of stopping them from continuing to be a health danger to public at large.

I don't see why this has to transmute into a discussion of how someone who already has been infected  (ie all of us) should deal with their disease/accept self responsibility/etc.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leese43 on May 27, 2010, 06:26:25 pm
I think we are overcomplicating it. The issue in question (as per the article) is someone in 2010 having unprotected sex while knowing their HIV+ status.

This is both immoral and illegal. Full stop. People doing so should be condemned and not excused. Courts should figure out most effective way of stopping them from continuing to be a health danger to public at large.

I don't see why this has to transmute into a discussion of how someone who already has been infected  (ie all of us) should deal with their disease/accept self responsibility/etc.




Exactly.. much the same as the drug dealer that's charged even though he's sold to people that know exactly what drugs can do to them.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Rev. Moon on May 27, 2010, 06:28:06 pm

Exactly.. much the same as the drug dealer that's charged even though he's sold to people that know exactly what drugs can do to them.

I hope that you're being sarcastic, Lees :)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: leese43 on May 27, 2010, 06:32:55 pm
I hope that you're being sarcastic, Lees :)

No, if I was gonna be sarcastic I'd be saying..just let them all carry on infecting others until we all finally get the message and let God will deal them :)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: sharkdiver on May 27, 2010, 06:41:00 pm
Immoral? like suggesting HIV drug trials on death row inmates?

geesh,  unbelievable
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 06:45:48 pm
Immoral? like suggesting HIV drug trials on death row inmates?

geesh,  unbelievable

Do you know the meaning of the word consent?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 27, 2010, 06:47:37 pm
So far everyone has played nice in this quite animated thread and discussion. Let's continue shall we?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 27, 2010, 07:46:55 pm
Immoral? like suggesting HIV drug trials on death row inmates?

geesh,  unbelievable


Thank you!

Borz, at some point you and your ideologies will have to coem to terms with the fact that, at the moment of your diagnosis, you stopped being one of "them" and started being one of "us."

If you want to believe in stark black and white, then there should be no derivation in HIV progression or reaction to the medication. Yet there are. Once you begin to see that each situation is unique, maybe you will begin to understand that your way of thinking is part of the problem, not the solution to the AIDS crisis.

Trust me, in many circles, your HIV status has already branded you as a dangerous animal. You are already outside the loop, whether or not you can accept that fact now.

And that stark, absolute way of thinking is a good shortcut to isolation, illness, and death insofar as HIV is concerned. I have seen it happen literally hundreds of times.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 27, 2010, 08:04:10 pm

Exactly.. much the same as the drug dealer that's charged even though he's sold to people that know exactly what drugs can do to them.


Ah, the drug dealer. I assume you include cannabis in that? Because it is, after all, illegal.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 08:05:48 pm

Thank you!

Borz, at some point you and your ideologies will have to coem to terms with the fact that, at the moment of your diagnosis, you stopped being one of "them" and started being one of "us."

If you want to believe in stark black and white, then there should be no derivation in HIV progression or reaction to the medication. Yet there are. Once you begin to see that each situation is unique, maybe you will begin to understand that your way of thinking is part of the problem, not the solution to the AIDS crisis.

Trust me, in many circles, your HIV status has already branded you as a dangerous animal. You are already outside the loop, whether or not you can accept that fact now.

And that stark, absolute way of thinking is a good shortcut to isolation, illness, and death insofar as HIV is concerned. I have seen it happen literally hundreds of times.


Sorry - I don't follow. I mean I am trying to understand but don't get it what bothered you in my logic.

I am against HIV+ individuals engaging in condom-less sex with unknowing participants. It's black and white; I don't intend to do it. The point is not being HIV+ - which of course we all are, but the behaviour one engages in. 99.9% of positive people probably don't engage in this, don't understand why this is such a hot topic for all.

------
On the **voluntary** deathmate testing of HIV vaccine - I don't want to rehash that argument here, happy to talk about it in the relevant thread.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on May 27, 2010, 08:10:28 pm

Thank you!

Borz, at some point you and your ideologies will have to coem to terms with the fact that, at the moment of your diagnosis, you stopped being one of "them" and started being one of "us."

If you want to believe in stark black and white, then there should be no derivation in HIV progression or reaction to the medication. Yet there are. Once you begin to see that each situation is unique, maybe you will begin to understand that your way of thinking is part of the problem, not the solution to the AIDS crisis.

Trust me, in many circles, your HIV status has already branded you as a dangerous animal. You are already outside the loop, whether or not you can accept that fact now.

And that stark, absolute way of thinking is a good shortcut to isolation, illness, and death insofar as HIV is concerned. I have seen it happen literally hundreds of times.


Very well said Jonathan.


I am against HIV+ individuals engaging in condom-less sex with unknowing participants. It's black and white; I don't intend to do it. The point is not being HIV+ - which of course we all are, but the behaviour one engages in. 99.9% of positive people probably don't engage in this, don't understand why this is such a hot topic for all.
 

It's a hot topic for you cuz once again you missed the point.  Not one person here has said they are for people engaging in condom-less sex with unknowing participants.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Miss Philicia on May 27, 2010, 08:22:11 pm
(http://www.threadbombing.com/data/media/2/687fea91677be9103defb8dc0b97e8b7.gif)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 08:23:22 pm
Touche!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 08:29:45 pm
Miss P
where did you get that gif, it's excellent.

And now back to your scheduled thread
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 08:42:48 pm
and for the rest
(http://i745.photobucket.com/albums/xx98/oromis33/2331862131_e4043942e3_o.jpg)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 08:48:24 pm
HIV positive acrobat may have affected hundreds nationwide
27. May 2010 15:07
By Dr Ananya Mandal, MD

HIV infected acrobat, 32 year old Godfrey Zaburoni allegedly infected hundreds of women all over Australia and a special task force will help track down all of these women.

Zaburoni lived in NSW in 2000 before he moved to Queensland. He however traveled back and forth. There are some men also who called alleging they had had unprotected sex with the HIV positive acrobat.

The health authorities have received an unexpectedly high number of calls after a hotline was opened and expected more calls to come. Spokesperson for the QH said that there are still many men and women who are getting tested by their own doctors. Many who called the 13HEALTH number after it was opened yesterday were referred to the Queensland Health Aids unit.

Earlier one of Mr. Zaburoni's sexual partners, a woman lodged a complaint against him after she tested positive for HIV. The charges against him included grievous bodily harm and malicious acts intended to cause grievous bodily harm. The police also had the names of 12 women which Zaburoni gave them. Five of these are from NSW.

Regional Crime coordinator Detective Superintendent Dave Hutchinson feels that the number is much higher. ?We are aware of a number of women we believe had unprotected sex with him but there could well be many others?Some of the women that have been identified certainly were very short-term relationships?so there could be any number of women out there like that.?

He added that Zaburoni could be awarded life imprisonment if convicted for these charges. He was presented at the Southport Magistrate's Court on Wednesday and remanded in custody until June 9.

Mr Zaburoni's sexual partners are urged to contact the Queensland Health hotline 13HEALTH (1343 2584) and Crime Stoppers 1800 333 000.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 27, 2010, 09:04:27 pm
And still no information on whether the "HIV+ fiend" is on HAART.  Because surely he must not be, he must have a spectacular viral load.  AND must have spectacular charm and be unbelievably seductive with an enormous gorgeous penis no one could ever refuse to have so roundly infected hundreds across the nation.

Puleese, this is some freaking hysteria!

Actually I'm sure thats the guy who infected me. 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 27, 2010, 09:11:29 pm
ah but mecch, the papers rarely tell the whole story.

It'd spoil the slant they put on it, and consequently the future sales caused by scandal!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 27, 2010, 09:20:07 pm
And still no information on whether the "HIV+ fiend" is on HAART.  Because surely he must not be, he must have a spectacular viral load.  AND must have spectacular charm and be unbelievably seductive with an enormous gorgeous penis no one could ever refuse to have so roundly infected hundreds across the nation.

Puleese, this is some freaking hysteria!

Actually I'm sure thats the guy who infected me. 

I think he could have slept with a lot of women. How many infected is unknown.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leese43 on May 28, 2010, 02:34:01 am

Ah, the drug dealer. I assume you include cannabis in that? Because it is, after all, illegal.



why wouldn't I? I really don't get the point you're trying to make in relation to what's being discussed. (in other words I don't need to be told that many people use it for therapautic reasons ...yada yada) Yes it's illegal so the dealer gets done if caught.

How about discussing why you think the two are different?


Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 28, 2010, 10:16:37 am
For the record, I am NOT excusing people who know they're hiv positive but yet have unprotected intercourse without telling their partner(s) they're hiv positive. I think it's wrong and it's something I would never, ever do. I doubt I'd even have protected  intercourse without disclosing.

HOWEVER. I am ALSO NOT excusing people who either know - or think they know - they're hiv negative but yet have unprotected intercourse with people of unknown (unproven) status. I think that's wrong too.

If we're going to charge the positive person with a crime, the other person should be charged too. The penalties wouldn't have to be the same, but if there are penalties for one, there should be penalties for both.

To take the example of drug dealing that Leese brought up, the drug dealer is charged with trafficking or possession with intent to supply - and the buyer is charged with possession. Two related crimes, two different penalties. See how that works? 


edited to add (unproven) for clarity
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 11:00:18 am


If we're going to charge the positive person with a crime, the other person should be charged too. The penalties wouldn't have to be the same, but if there are penalties for one, there should be penalties for both.

To take the example of drug dealing that Leese brought up, the drug dealer is charged with trafficking or possession with intent to supply - and the buyer is charged with possession. Two related crimes, two different penalties. See how that works? 

edited to add (unproven) for clarity

Alright, we're making progress :)

I disagree with you on whether the negative person should be charged. My logic rests on one very simple precept:

1) Law is meant to prevent people from harming others. There is no penalty for (failed) suicide but there are severe penalties for harming or killing others.

2) Knowledge confers responsibility.

I simply fail to see the offense that you would charge the infected with (vs infector). I realize there is no current law on the books - but what existing law do you find similar?

For the record - I don't think the drug sales analogy works very well because people consume drugs with full knowledge of the damage it may do to them. In this instance it's unknown.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 28, 2010, 11:10:50 am

For the record - I don't think the drug sales analogy works very well because people consume drugs with full knowledge of the damage it may do to them. In this instance it's unknown.


::) Like anyone in this day and age doesn't realise that if they have unprotected intercourse with someone, it may or may not result in them being infected with hiv or other STI. Same with drugs - it may or may not result in them having drug-related problems.


2) Knowledge confers responsibility.


Like I said above, people know that unprotected intercourse may lead to hiv or other STIs - so yes, that knowledge confers responsibility use condoms.


1) Law is meant to prevent people from harming others. There is no penalty for (failed) suicide but there are severe penalties for harming or killing others.


The person who has unprotected intercourse and becomes infected with something may well pass that infection on to others. A person who attempts suicide is not going to pass their suicide attempt on to others.

My logic is this: the hiv transmission laws are ultimately meant as a deterrent. If we're going to use them this way, then why not go to the full extent and also use them as a deterrent against people not using condoms?

It's like the seat-belt laws. They've saved a lot of lives. People don't like wearing seat-belts, but they'll buckle up to avoid getting a ticket.

With hiv, either both should be charged or neither should be charged. As it stands, it's like busting a dealer with heroin and letting the guy who just bought five dime-bags off him to walk away scot-free.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 28, 2010, 11:21:38 am

Ooops, one point I forgot to address.


I simply fail to see the offense that you would charge the infected with (vs infector). I realize there is no current law on the books - but what existing law do you find similar?


Again, it's like the seat-belt law. Failure to wear a seat-belt.

Failure to use a condom. Simple. As to what the penalty should be, how about a month inside? Or a few thousand in fines?

Like I alluded to above, if a person is going around having unprotected intercourse, the potential for onward transmission of hiv and other STIs is definitely there. So yes, penalising people for not wearing condoms would be protecting others.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 11:25:07 am


With hiv, either both should be charged or neither should be charged. As it stands, it's like busting a dealer with heroin and letting the guy who just bought five dime-bags off him to walk away scot-free.

You really don't see the distinction? Purchaser of heroin bought HEROIN. The dealer sold HEROIN. The said drug is meant to induce certain effects in the user.

Here it's like a customer goes to a pharmacy for Tylenol and gets heroin. Turns out the pharmacist is a crook. The purchase of heroin was predicated on a lie and subterfuge.

----

I do agree that wearing condoms is similar to a seatbelt law. However infecting someone is like aggravated assault with a moving vehicle. First is a $50 fine, the other years in prison. They are just different levels of magnitude.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 28, 2010, 11:45:39 am

You really don't see the distinction? Purchaser of heroin bought HEROIN. The dealer sold HEROIN. The said drug is meant to induce certain effects in the user.


No, I don't see the distinction. Not using condoms is meant to induce certain effects in both parties involved - namely greater pleasure. Using drugs is meant to induce greater pleasure too.


Here it's like a customer goes to a pharmacy for Tylenol and gets heroin. Turns out the pharmacist is a crook. The purchase of heroin was predicated on a lie and subterfuge.


Yeah, right. Trusting a licensed pharmacist is far different to trusting a one-night-stand or fuck-buddy or someone you don't know well enough to know if they're hiv positive or not. It's a lot different to walk into a pharmacy and expect to trust the person behind the drug counter than it is to expect to trust someone in a highly charged sexual situation.


I do agree that wearing condoms is similar to a seatbelt law. However infecting someone is like aggravated assault with a moving vehicle. First is a $50 fine, the other years in prison. They are just different levels of magnitude.


The only similarity I'm getting at really, is the failure to wear a safety device. The outcome of the two failures are different.

When you fail to wear a seat-belt, unless you're a back-seat passenger, the only person you're going to harm is yourself.

However, when you fail to use a condom and become infected with something as a result, you're going to harm the next person you fail to use a condom with.

Personally, I don't think hiv should be criminalised AT ALL. But if you're going to criminalise one participant in a CONSENSUAL sex-act, then you should criminalise BOTH parties in that CONSENSUAL sex-act.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 28, 2010, 11:46:46 am

Here it's like a customer goes to a pharmacy for Tylenol and gets heroin. Turns out the pharmacist is a crook. The purchase of heroin was predicated on a lie and subterfuge.


Hey, I want hot, sweaty unprotected sex ONLY.. I ONLY asked for joy and multiple orgasms. How was I to know I could get and how dare he also gave me any number of STDs or (for a woman with a man) unwanted pregnancy. Now how can one seriously think that those unpleasant things would ever happen to me? I say lock that bastard up because justice demands it.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 12:04:48 pm
You fail to recognize that the consensus was given to sex on the premise of a lie. Since he lied the act was not consensual.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 28, 2010, 12:15:04 pm

You fail to recognize that the consensus was given to sex on the premise of a lie. Since he lied the act was not consensual.


Oh bollocks. How many times does it have to be said that relying on disclosure doesn't work? If someone is naive enough to rely on disclosure, then maybe they shouldn't be let loose in the world - for their own good.

If you want to continue to believe that people don't have the responsibility to protect their health, you just go right ahead. I'm outta here.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 28, 2010, 12:51:25 pm
You fail to recognize that the consensus was given to sex on the premise of a lie. Since he lied the act was not consensual.

Er, no, those people consented to have unprotected sex either not asking or choosing to believe a statement with no proof, and they all chose to believe one way or another that any consequences (STDs, pregnancy, whatever) that can be reasonably expected to come with unprotected sex do not apply to them.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 01:00:34 pm
This issue has been actually considered by the UK court and it sided (surprise, surprise) with me:

In R. v Konzani, the same court held that a person accused of recklessly transmitting HIV could only raise the defense of consent, including an honest belief in consent, in cases where that consent was a "willing" or "conscious" consent. In other words, the court distinguished between ?willingly running the risk of transmission? and ?willingly consenting to the risk of transmission.? This suggests that consent will only operate as a defense?in all but the most exceptional of cases?where there has already been prior disclosure of known HIV-positive status. A critical discussion of the Konzani case can be found here: http://www.keele.ac.uk/depts/la/documents/WeaitCrimLRKonzani.pdf

I appreciate that you've agreed to disagree on this - i'm only posting it because it may be of interest to others following the issue.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 28, 2010, 01:25:39 pm
Thanks for pointing that out.. actually on one has ever argued that, as it's, this man is not legally liability. As the laws stand he's clearly is. You can throw as many cases as you can find to support your "legal" argument on consent - and in many jurisdiction the laws, either statutory or precedent, are on your side. Some of us have paid a lot of attention to this development and it's worrying us because we have repeatedly argued that these laws do not make good legal and social policy.

And you can disagree and can side track this discussion from comparing those women to consumers asking to buy painkillers only to get the most addictive drugs ever.

What you and most share your views is dong is to continue to refuse to engage in a discussion on whether one, knowing full well, constructively or otherwise, the risk of a HIV should share the responsibility of protecting oneself. If your answer is obvious no, then there's really little point to continue.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Grasshopper on May 28, 2010, 01:53:04 pm
"Yeah, right. Trusting a licensed pharmacist is far different to trusting a one-night-stand or fuck-buddy or someone you don't know well enough to know if they're hiv positive or not. It's a lot different to walk into a pharmacy and expect to trust the person behind the drug counter than it is to expect to trust someone in a highly charged sexual situation. "

Here in the Netherlands a pharmacist upon finishing his studies must perform the same oath of Hippocrates as any doctor......I shall do no harm etc etc.

So indeed this comparison is turning into a fruit salad.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 03:12:11 pm


What you and most share your views is dong is to continue to refuse to engage in a discussion on whether one, knowing full well, constructively or otherwise, the risk of a HIV should share the responsibility of protecting oneself. If your answer is obvious no, then there's really little point to continue.

I am engaging in a discussion - as this whole thread demonstrates :)

I agree that people should share responsibility for protecting self - after all, the people who were infected will have HIV. The question of punishment is both about deterrence and retribution (and yes - I believe in retribution as a part of the judicial process).
Your logic implies that a person would think - "I know the person I am about to have sex with would not knowingly infect me because were he to do so, I would report him to the police and he'll go to jail". I think that plays a very small part - most people would think "He looks healthy and said that he's negative. I don't think he is such a bastard as to knowingly do this to me".


I think the issue is very well described in the legal paper I quoted. The author takes the view shared by most participants of this thread - that this is a matter of public policy:

"Some commentators, including the present author, have argued that where a
person is aware of the risks associated with unprotected sex and has not satisfied
him- or herself that a partner is HIV negative (or free from other serious sexually
ransmitted infections (STIs)) the defence of consent should, in principle, be
available. The reason for taking such a position is, primarily, that the transmission
of HIV should be seen first and foremost as a public health issue and that everyone,
not just those who are HIV positive, has a responsibility for minimising the spread
of the virus. To impose criminal liability on those who recklessly transmit HIV or
STIs to people who are in a position to protect themselves against infection, and
elect not to, sends a message that people are, and should be, entitled to assume that
heir partners will ensure that transmission does not occur. The very fact that the
virus has spread so dramatically in recent years among the sexually active demon-
strates that this is simply not the case."

I happen to side with the court.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 28, 2010, 04:03:45 pm

I agree that people should share responsibility for protecting self ... Your logic implies that a person would think - "I know the person I am about to have sex with would not knowingly infect me because were he to do so, I would report him to the police and he'll go to jail". I think that plays a very small part - most people would think "He looks healthy and said that he's negative. I don't think he is such a bastard as to knowingly do this to me".

...

I happen to side with the court.

Good, in that case you can choose to agree to laws and policies that help perpetuate the stigma that you so dread.

And no, I don't think most participants here who are HIV+ would agree with using criminal punishment to help stop the spreading of AIDS. With that I will just quote a paper published by HIV/AIDS Legal Centre in Australia:

"Criminal trials for the transmission of HIV arouse considerable community interest, which
is often manifested in the form of fear, panic and outrage. Overwhelmingly, the community
response comes in the form of calls for unmitigated, punitive justice. However, the law must be
implemented in such a way that supports public health initiatives and which has the ultimate aim of
preventing the spread of HIV.

The objectives of criminalization include incapacitation, rehabilitation, retribution and deterrence.
These are fundamentally ill-suited to achieving positive health outcomes. No studies to date have
shown that applying the criminal law to HIV transmission has prevented HIV transmission. There
is a serious risk that harsh punitive justice will reinforce the HIV/AIDS related stigma, spread
misinformation about HIV/AIDS and create a disincentive to HIV testing, as people fear a threat of
incurring criminal liability
. Furthermore, application of criminal sanctions may in fact hinder access
to counselling and support, by discouraging honest disclosure to medical staff and creating a false
sense of security that the criminal law can protect a person from contracting HIV
.

No one has the right to transmit HIV, but it is only through creating and implementing law that
fosters honesty within the HIV positive community, that the spread of HIV can be prevented. With
the exception of cases where individuals actually intend to do harm, criminalising HIV transmission
does not empower people to avoid HIV infection, and in fact may make it more difficult for them
to do so, endangering both public health and human rights. Therefore, the implementation and use
of the criminal law in the context of HIV transmission must be done with consideration for human
rights and one central objective, to prevent the infection of individuals and the spread of HIV within
the community."
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 28, 2010, 04:16:19 pm
No one has the right to transmit HIV, but it is only through creating and implementing law that
fosters honesty within the HIV positive community, that the spread of HIV can be prevented.

Not sure I get what this sentence means, in practice.   Laws that foster honesty in the HIV positive community?  Isn't a disclosure law doing just that - pushing for honesty?

Or is this badly worded. Does the author mean - making laws that protect us from discrimination and stigma, so that we can be honest without repercussions. 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 28, 2010, 04:28:55 pm

Good, in that case you can choose to agree to laws and policies that help perpetuate the stigma that you so dread.


You said a mouthful, Shaun. It is often (not always) the case here that the people who are the most fearful of and do the most hand-wringing over stigma and discrimination are the self-same people who vociferously and ferociously support the draconian hiv laws - laws that only perpetuate stigma. It doesn't make any sense.




edited because part of a sentence mysteriously disappeared.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 28, 2010, 04:50:46 pm
You said a mouthful, Shaun. It is often (not always) the case here that the people who are the most fearful of and do the most hand-wringing over stigma and discrimination are the self-same people who vociferously and ferociously support the draconian hiv laws - laws that only perpetuate stigma. It doesn't make any sense.




edited because part of a sentence mysteriously disappeared.

Self-loathing rarely makes sense.

As I noted, it is overwhelmingly the persons more recently infected that feel this way. Once a person assimilates the notion of having HIV, a marked shift in attitude almost always follows.

There, I said it :)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Miss Philicia on May 28, 2010, 05:35:25 pm
It doesn't make any sense.

Self-loathing rarely makes any sense.

edit: woopsie, Jonathan beat me to the post with the exact same sentence :)  lol
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leese43 on May 28, 2010, 06:16:43 pm
LOL i don't share the same opinion as you so now I hate myself... You just all carry on patting each other on the back. Scratched record comes to mind, we'll just have to agree to disagree.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 06:21:12 pm
Good, in that case you can choose to agree to laws and policies that help perpetuate the stigma that you so dread.

And no, I don't think most participants here who are HIV+ would agree with using criminal punishment to help stop the spreading of AIDS. With that I will just quote a paper published by HIV/AIDS Legal Centre in Australia:

"Criminal trials for the transmission of HIV arouse considerable community interest, which
is often manifested in the form of fear, panic and outrage. Overwhelmingly, the community
response comes in the form of calls for unmitigated, punitive justice. However, the law must be
implemented in such a way that supports public health initiatives and which has the ultimate aim of
preventing the spread of HIV.

The objectives of criminalization include incapacitation, rehabilitation, retribution and deterrence.
These are fundamentally ill-suited to achieving positive health outcomes. No studies to date have
shown that applying the criminal law to HIV transmission has prevented HIV transmission. There
is a serious risk that harsh punitive justice will reinforce the HIV/AIDS related stigma, spread
misinformation about HIV/AIDS and create a disincentive to HIV testing, as people fear a threat of
incurring criminal liability
. Furthermore, application of criminal sanctions may in fact hinder access
to counselling and support, by discouraging honest disclosure to medical staff and creating a false
sense of security that the criminal law can protect a person from contracting HIV
.

No one has the right to transmit HIV, but it is only through creating and implementing law that
fosters honesty within the HIV positive community, that the spread of HIV can be prevented. With
the exception of cases where individuals actually intend to do harm, criminalising HIV transmission
does not empower people to avoid HIV infection, and in fact may make it more difficult for them
to do so, endangering both public health and human rights. Therefore, the implementation and use
of the criminal law in the context of HIV transmission must be done with consideration for human
rights and one central objective, to prevent the infection of individuals and the spread of HIV within
the community."

1. The stigma is spread not by the laws but by individuals who knowingly infect others. The laws are meant to stop them being a hazard to society.
2. I don't identify myself with said individuals. I am said to observe that most individuals taking the other side in this debate choose to do so. My status does not make my identity, I can still think for myself.
3. I don't think these laws are meant as a form of public policy to stem HIV spread. That can only be achieved by sex education, HAART, etc. They are rather an exception. I haven't heard of more than a handful individuals prosecuted. Please show me examples where this policy was misued and the law was misapplied.
The original story of this thread is a perfect example of why they are needed - this guy has slept with hundreds of women. He needs to be stopped.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 28, 2010, 06:28:01 pm
Where are you getting these abitrary numbers from?

He himself said 12

http://www.abc.net.au/news/stories/2010/05/25/2908964.htm
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 06:29:16 pm
http://forums.poz.com/index.php?topic=32806.msg404307#msg404307
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 28, 2010, 06:32:13 pm
Well apart from no reference link (you could have written that), that quotes 12 also!!

OK 12 too many, if these women had insisted on a condom that would have been 0.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 28, 2010, 06:33:30 pm
LOL i don't share the same opinion as you so now I hate myself... You just all carry on patting each other on the back. Scratched record comes to mind, we'll just have to agree to disagree.

No, I came to my conclusions based on the posting history of the majority of folks who believe in HIV criminalization - not only in this thread, but in my tenure at AM.

We are, of course, free to agree to disagree.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 28, 2010, 06:35:36 pm
1. The stigma is spread not by the laws but by individuals who knowingly infect others. The laws are meant to stop them being a hazard to society.
2. I don't identify myself with said individuals. I am said to observe that most individuals taking the other side in this debate choose to do so. My status does not make my identity, I can still think for myself.
3. I don't think these laws are meant as a form of public policy to stem HIV spread. That can only be achieved by sex education, HAART, etc. They are rather an exception. I haven't heard of more than a handful individuals prosecuted. Please show me examples where this policy was misued and the law was misapplied.
The original story of this thread is a perfect example of why they are needed - this guy has slept with hundreds of women. He needs to be stopped.


3)  Many examples of people who are prosecuted on laws that say nondisclosure, alone, is a crime. Meaning non disclosure WITH NO TRANSMISSION.  Bad law, regretful results.  People suffer.

By the way - the MEDIA is now saying hes the Typhoid Mary of AIDS.  AKA - hundreds of "victims".  Its an hysteria.  We dont know its true.  Time will tell.  When it finally turns out 1 or 2 transmissions can be linked to him, the story will no longer be interesting to the Media because the only reason its a big story is that it an outlet for people's fears and prejudices.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 06:36:20 pm

OK 12 too many, if these women had insisted on a condom that would have been 0.

Awesome logic! That's a keeper.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: john33 on May 28, 2010, 06:39:45 pm
By the way - the MEDIA is now saying hes the Typhoid Mary of AIDS.  AKA - hundreds of "victims".  Its an hysteria.  We dont know its true.  Time will tell.  When it finally turns out 1 or 2 transmissions can be linked to him, the story will no longer be interesting to the Media because the only reason its a big story is that it an outlet for people's fears and prejudices.

And here we have yet another tirumph of fiction from the media.
I'm starting to think if people are ever going to recieve proper education to eradicate future infections; that somehoa the media is going to have to be controlled.

I know I know it's against free speech etc.  ( edited to add: thanks Mecch now I know where the number came from)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leese43 on May 28, 2010, 06:41:30 pm
Where are you getting these abitrary numbers from?

He himself said 12

http://www.abc.net.au/news/stories/2010/05/25/2908964.htm

No, he'd just forgotten the names of the other 88.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 28, 2010, 06:42:13 pm
Awesome logic! That's a keeper.

You can analyse this as much as you want, but it doesn't change waht I said!!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Boze on May 28, 2010, 06:42:20 pm
3)  Many examples of people who are prosecuted on laws that say nondisclosure, alone, is a crime. Meaning non disclosure WITH NO TRANSMISSION.  Bad law, regretful results.  People suffer.

That's a different topic. So far we've been discussing proper way to deal with a fact of transmission.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leese43 on May 28, 2010, 06:44:54 pm
No, I came to my conclusions based on the posting history of the majority of folks who believe in HIV criminalization - not only in this thread, but in my tenure at AM.

We are, of course, free to agree to disagree.



Show me just one post that I've written that would make you think that.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 06:45:09 pm
You can analyse this as much as you want, but it doesn't change waht I said!!

There is nothing to analyze - it's just a perfect example of reverse logic where victim is held responsible.
(http://dianarn.files.wordpress.com/2008/12/common_sense_god_damn_super_power12.jpg)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 28, 2010, 06:46:03 pm
Not really. I thought we were discussing messy laws that don't add up to shit when it comes to morality, justice, or HIV prevention.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Boze on May 28, 2010, 06:49:27 pm
Not really. I thought we were discussing messy laws that don't add up to shit when it comes to morality, justice, or HIV prevention.

I wasn't. I was only talking about the law that criminalizes transmission during unprotected sex without prior disclosure.

If anybody thinks that I was defending various messy laws that deal with HIV, I was not.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 28, 2010, 06:50:03 pm
It certainly sounds like it
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 28, 2010, 06:54:10 pm
Borzel, you are not the only one chatting in this thread.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 06:56:15 pm
It certainly sounds like it

If I were a catty bickering person, I'd ask for proof or attack your powers of comprehension. But that would be rude, would not advance the discussion and produce ill will.


So I will just say - I am sorry if that impression came across. I was only talking about transmission.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on May 28, 2010, 07:12:18 pm
Quote
leese43

Show me just one post that I've written that would make you think that.


Well, for starters:

Quote
(in other words I don't need to be told that many people use it for therapautic reasons ...yada yada)

That quote leads me to believe that you have little empathy or sympathy for those who choose to use therapeutic cannabis, which entails many, many of those who have been infected for a longer time and have experienced severe OI and Med-related wasting and nausea. The idea that something SHOULD be illegal BECAUSE it is illegal is simply indicative of someone who seems unaware of the shades of grey that make up many daily decisions of those struggling with this illness.

And shades of grey is what we are talking about here, as regards the criminalization of HIV transmission.

It is absolutely fair to say that the person referenced in the original article likely lied, overtly or through omission. But it is also of note that the women who CONSENTED to unprotected intercourse with what appears to be a near-perfect stranger, now claim victim status. I dispute their claim, and am aghast that anyone who believes in the empowerment of women would insinuate that these people are somehow less able to make a conscious choice with their bodies.

HIV criminalization laws simply place those of us with the illness in the crosshairs of vindictive lovers. While it is true that many of us serosort, many others of us are involved in sero-discordant relationships. And others choose to have multiple partners, safer sex, and protect themselves from infection.

I am simply amazed that many of the same people who advocate hiding their HIV status also advocate a law that can - and does - prosecute those who do not.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leese43 on May 28, 2010, 07:42:25 pm
Of course when you take it out of context then it would seem that way, but when you quote the whole paragraph...

why wouldn't I? I really don't get the point you're trying to make in relation to what's being discussed. (in other words I don't need to be told that many people use it for therapautic reasons ...yada yada) Yes it's illegal so the dealer gets done if caught

you might realise that I was just replying to someone that I felt thought he'd caught me out because he'd assumed I used cannabis myself. And the part you quoted was me saying that I already knew that and lets keep the discussion on track. I won't even bother with your low blow on how I don't have any empathy or sympathy for those that have severe OI's. You know nothing of me.

In much the same way as you've all been saying that no-one is saying that what he did was morally right, I am not saying that these women should not be taking responsibility for their own health, but two wrongs don't make a right.

I also have never advocated hiding my status, just went through what most people do while coming to terms with it...which was wondering who to tell and when. I don't feel it's everyone's business but I have certainly told all of my close friends, colleagues at work and my parents.

edited for typos

...
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on May 28, 2010, 07:43:10 pm
Seems like some gay men are jumping on the bandwagon now, as well.

Next thing it'll be the grannies in the old folks home, seroconverting because of seductions at the local circus.

Its really hard to believe that one person can spread so much virus.  
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 28, 2010, 08:09:24 pm

It is absolutely fair to say that the person referenced in the original article likely lied, overtly or through omission. But it is also of note that the women who CONSENTED to unprotected intercourse with what appears to be a near-perfect stranger, now claim victim status. I dispute their claim, and am aghast that anyone who believes in the empowerment of women would insinuate that these people are somehow less able to make a conscious choice with their bodies.


1. What does empowerment of women have to do with it? I don't understand the gender implications here. It could have been a woman infecting men, they would have the same claim to being a victim imho.
I think the biggest reason that people don't use condoms is the decrease in pleasure. So it's a gamble that people take - more pleasure vs taking a risk.

2. I do think they are victims because of the information asymmetry. Both parties agreed to engage in condomless sex - but one was lied to and actually got sick. To me they were violated (similar to) a wife whose husband cheated on her and got her HIV. In both instances one person lied and the other trusted him and didn't insist on a condom. The "should have know better because it's a one-night stand" argument does not fly with me, not in a legal sense. Of course we have more obligations to our close ones, but the law does not discriminate against doing harm to a relative or a stranger.

3. These stories are actually not such a bad thing, from the public at large perspective. They highlight the risk of transmission for heterosexuals and will make people think twice before engaging in unprotected sex with African acrobats.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: john33 on May 28, 2010, 08:40:52 pm
3. These stories are actually not such a bad thing, from the public at large perspective. They highlight the risk of transmission for heterosexuals and will make people think twice before engaging in unprotected sex with African acrobats.

Rubbish!! most people will read these stories, panick about the big bad man, and continue stigmatising people PLWHIV.
But it won't prevent them from fucking around raw.

John
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 29, 2010, 10:49:59 am

I haven't heard of more than a handful individuals prosecuted. Please show me examples where this policy was misued and the law was misapplied.


There are many more than "a handful" of poz people who have been prosecuted because of their virus. Check out the Criminal HIV Transmission (http://criminalhivtransmission.blogspot.com/) blog. Read it and weep. And that's only the tip of the iceberg.


Rubbish!! most people will read these stories, panick about the big bad man, and continue stigmatising people PLWHIV.
But it won't prevent them from fucking around raw.


Absolutely. Most people think that the person(s) they are attracted to couldn't possibly be hiv positive - because after all, they think that those of us who are, are despicable beings and anyway, they'd know just by looking at us.

That's one of the reasons why we are doing ourselves a huge disservice by being secretive about our status. If more of us were out, the public at large would see, would know  that we're just like them. And most of us are pretty decent human beings.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Jeff G on May 29, 2010, 11:16:41 am
This topic is one more reason among many why I'm totally out about my HIV status . Its so much more of a simple way to live for me .

I am useally able to form an opinion quite easily but not about this topic . I'm conflicted and don't know what to think .

All hypothetical arguments aside being discussed here I am left to wonder straight up or down if all of you think a person should be prosecuted for knowingly transmitting HIV .

I'm not expecting an answer but I wonder .   
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 29, 2010, 02:46:27 pm
There are many more than "a handful" of poz people who have been prosecuted because of their virus. Check out the Criminal HIV Transmission (http://criminalhivtransmission.blogspot.com/) blog. Read it and weep. And that's only the tip of the iceberg.



Thank you for the link - I did have a look at the site. I would make one clarification to your statement - the people are prosecuted because they had unprotected sex with a negative person. Not because of the virus.

I would agree that the laws are not perfect - and given how complicated the matter, I wouldn't expect them to be.

Some cases seem to be straightforward - like the Aus acrobat or upstate NY man. Here we have men sleeping with multiple women and infecting a few. Others are less so - when one lover reports another to the police and no transmission took place.

There clearly is a balance - protecting the public at large vs rights of the HIV+.

When I have to take a position on these issues I try and think of everybody involved, not just the subgroup to which I belong.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: GSOgymrat on May 29, 2010, 04:40:43 pm
All hypothetical arguments aside being discussed here I am left to wonder straight up or down if all of you think a person should be prosecuted for knowingly transmitting HIV .

I'm not expecting an answer but I wonder .   

Apparently most people on here think knowing you are HIV+, not disclosing or lying about your status, and having unprotected sex with someone is a bad thing. The question then becomes what, if anything, do we as a society or community do about it. Some people feel that the legal system should not be used in any capacity regarding HIV transmission.

My feeling is if you have someone who is HIV+ who is not disclosing and having unprotected sex the community needs to become involved. I think each case would need to be handled individually but that the legal system should be utilized if necessary. For example, where I live we have a mental health court for people who who have legal charges stemming from mental health issues. It is a special type of court that links eligible offenders with community support and other services to help them better manage their mental illness. The court does not focus entirely on the offenders' criminal behavior but rather strives to help stabilize the individual to eliminate their future presence in the criminal justice system. I'm not saying someone who doesn't use protection is mentally ill. What I am suggesting is that for someone who is refusing to disclose and refusing to use protection, this would be an appropriate intervention. Having a judge mandate counseling, HIV education and community support seems the most appropriate method of preventing such a person from continuing to infect others.

I don't think people should be sued for HIV transmission or herpes or other form of disease. I also don't think the motivation behind using legal intervention should be punitive. However for the small percentage of people who, for whatever reason, are not being responsible with their HIV infection something needs to be done and legal intervention to mandate counseling and support should be considered.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Matty the Damned on May 29, 2010, 04:44:03 pm
Apparently most people on here think knowing you are HIV+, not disclosing or lying about your status, and having unprotected sex with someone is a bad thing. The question then becomes what, if anything, do we as a society or community do about it. Some people feel that the legal system should not be used in any capacity regarding HIV transmission.

My feeling is if you have someone who is HIV+ who is not disclosing and having unprotected sex the community needs to become involved. I think each case would need to be handled individually but that the legal system should be utilized if necessary. For example, where I live we have a mental health court for people who who have legal charges stemming from mental health issues. It is a special type of court that links eligible offenders with community support and other services to help them better manage their mental illness. The court does not focus entirely on the offenders' criminal behavior but rather strives to help stabilize the individual to eliminate their future presence in the criminal justice system. I'm not saying someone who doesn't use protection is mentally ill. What I am suggesting is that for someone who is refusing to disclose and refusing to use protection, this would be an appropriate intervention. Having a judge mandate counseling, HIV education and community support seems the most appropriate method of preventing such a person from continuing to infect others.

I don't think people should be sued for HIV transmission or herpes or other form of disease. I also don't think the motivation behind using legal intervention should be punitive. However for the small percentage of people who, for whatever reason, are not being responsible with their HIV infection something needs to be done and legal intervention to mandate counseling and support should be considered.

But such mechanisms already exist. (http://forums.poz.com/index.php?topic=31784.0) Presumably other legal juridstictions have similar arrangements.

If protecting the community is the primary motivation in such cases, why is the criminal justice system being used?

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: GSOgymrat on May 29, 2010, 05:01:18 pm
Honestly I don't know what other procedures are in place for people who refuse to disclose and refuse to use protection. If someone knows what procedures are already in place please share them.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Jeff G on May 29, 2010, 06:11:03 pm
Early on after my HIV diagnoses I had unprotected sex without disclosing while intoxicated and I am still haunted by it 25 years later . I discussed it with a councilor and never repeated the behavior again .

I will not try and offer an excuse for what I did but I have thought about it often and can only say during those early years while adjusting and excepting my status I made that horrible choice .

When I read all of your thoughts on this topic I find myself in agreement with both points of view . How strange is that .
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: GSOgymrat on May 29, 2010, 06:23:29 pm
Every scenario different. Personally I don't even think disclosure is necessary in every situation. For example, I think if you are at a gay sex club you need to assume the patrons are HIV+ and take that into consideration, because even the "negatives" probably don't really know their current status.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Boze on May 29, 2010, 06:36:55 pm


 For example, where I live we have a mental health court for people who who have legal charges stemming from mental health issues. It is a special type of court that links eligible offenders with community support and other services to help them better manage their mental illness. The court does not focus entirely on the offenders' criminal behavior but rather strives to help stabilize the individual to eliminate their future presence in the criminal justice system.

I am not disagreeing with your view (if anything I think we are very close), but I have to note that with the case of mental illness the assumption is that a person "doesn't know what they are doing". Ie they do not have the capacity to apprehend the consequences of their actions or don't have the ability to control themselves.

The premise of our legal system is that people should be responsible for their actions. Someone who is mentally ill may not have the capacity to answer for themselves. Someone who is HIV+ and infects others is probably fully aware of what they are doing.

My point is not to say - lock them all up, but rather to highlight the legal difference between the two cases.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Jeff G on May 29, 2010, 06:52:19 pm
Every scenario different. Personally I don't even think disclosure is necessary in every situation. For example, I think if you are at a gay sex club you need to assume the patrons are HIV+ and take that into consideration, because even the "negatives" probably don't really know their current status.

My situation was in a sex club . He didn't ask and I didn't tell until the deed was done .

It has never crossed my mind to ever blame anyone for my status but myself . I personally wouldn't want the person who infected me to have to answer to it to anyone but himself if ever .
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: GSOgymrat on May 29, 2010, 07:15:03 pm
I am not disagreeing with your view (if anything I think we are very close), but I have to note that with the case of mental illness the assumption is that a person "doesn't know what they are doing". Ie they do not have the capacity to apprehend the consequences of their actions or don't have the ability to control themselves.

The premise of our legal system is that people should be responsible for their actions. Someone who is mentally ill may not have the capacity to answer for themselves. Someone who is HIV+ and infects others is probably fully aware of what they are doing.

My point is not to say - lock them all up, but rather to highlight the legal difference between the two cases.

I just used the mental health court as an example because I am familiar with it. People are mandated to attend anger management classes, parenting classes, substance abuse classes, etc and they don't lack capacity. To me the goal is to minimize infections, not punishment. I can envision situations where someone uses HIV as a weapon, which might call for punishment.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Matty the Damned on May 29, 2010, 07:21:30 pm
I just used the mental health court as an example because I am familiar with it. People are mandated to attend anger management classes, parenting classes, substance abuse classes, etc and they don't lack capacity. To me the goal is to minimize infections, not punishment. I can envision situations where someone uses HIV as a weapon, which might call for punishment.

And again I think the system you envisage is based on coercive powers to control the spread of particular (often referred to as "notifiable") infectious diseases.

Almost all juridstictions have these already.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on May 29, 2010, 08:37:15 pm
Personally I don't even think disclosure is necessary in every situation. For example, I think if you are at a gay sex club you need to assume the patrons are HIV+ and take that into consideration, because even the "negatives" probably don't really know their current status.

What's the gay sex club have to do with disclosure?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: GSOgymrat on May 29, 2010, 11:17:22 pm
What's the gay sex club have to do with disclosure?

Sorry, I went on a tangent.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Sean Strub on May 30, 2010, 05:53:00 am
I just saw this thread and while I've read many of the posts, I did not read them all.  So I apologize in advance if what I note below is duplicative.

When referring to the phenomenon of HIV criminalization, it usually means prosecution for failure to disclose one's HIV positive status.  Transmission is relatively rarely a factor; the vast majority of the cases do not result in HIV transmission.  About a 25% of the prosecutions in the US in recent years have been for behaviors that obviously put no one at risk, like spitting, let alone transmit the virus.  The level of actual risk present in the encounter is usually not a factor.  It is just focused on whether or not the person with HIV can prove they disclosed.

About 30 states have HIV-specific statutes.  This is because the 1990 Ryan White Care Act required states demonstrate an ability to prosecute HIV exposure in order to qualify for funding under one of the titles of the Ryan White Care Act.  About half the states said they covered in this regard, as they had public health statutes and they had assault statutes.  The other half passed a bizarre patchwork of laws that often reflect the biases, ignorance and fears of that time (and which persist today).

Many have draconian penalties.  In Iowa, a person can get 25 years in prison for kissing someone without disclosing.  The Missouri statute has been construed by some as saying it could subject someone with HIV who transmits the virus to another person, and that person subsequently dies, to the death penalty.

Iowa hasn't prosecuted anyone for kissing and Missiouri hasn't executed anyone for transmitting the virus. 

But Iowa has sentenced a number of people to long sentences for failing to disclose (again, no transmission).  And the sentences are terrible.  One young man got 25 years in prison after an online hookup.  The guy he hooked up with gave him drugs.  Whether they had anal intercourse or not or whether they used condoms was not a factor in the trial.  It was a matter of the "perpetrator" not being able to prove he had disclosed (I think he says he was so high he didn't know if he disclosed or not).  Fortunately, after nine months, the judge responded to pleas from advocates and reconsidered the guy's sentence.   He was released on five year's probation, but he must register as a sex offender, wear an ankle monitoring bracelet and can't leave his home county.  Three times a year he must take a lie detector test given to all registered sex offenders on probation.  His attorney may not be present.  The test includes questions like "are you attracted to your own sex", "do you use sex toys", "do you look at porn", etc. and if he answers them honestly with answers similar to what many of us on this board might provide, he loses "points" and risks being put back in jail.

In Texas there is a man presently serving 35 years for having spit at a cop.  The copy was arresting him on a drunk and disorderly charge when this happened.  Now it looks like the guy might not have even been drunk, but was disoriented from AIDS-related dementia.  He's still sitting in jail.

In Ohio, I've been corresponding with a guy serving 40 years.  He moved out of his girlfriend's house into a new girlfriend's apartment.  Girlfriend number #1 then went to the police and claimed he never told her he had HIV.  He says everyone knew and that she was just made that he broke up with her.  Despite many instances of intercourse, she did not acquire HIV.

The moral and ethical obligation to disclose is codified in the 1983 Denver Principles.  But disclosure is also a function of one's personal safety and security and it is situational.  Some people risk violence from partners when disclosing (or when asking a partner to use a condom, for that matter).  Others risk their jobs, social standing, etc. as well as the almost certain reality that once disclosing, the person will likely decline to be intimate with you.

I think people should disclose and that we should support people in disclosing and make that easier for them.  But the biggest obstacle to disclosure is HIV-related stigma.

Perhaps the biggest contributor to stigma are these HIV criminalization statutes.  There's no more extreme manifestation of stigma than when it is perpetrated by the government (think apartheid, Jim Crow laws, internment of Japanese, etc.)  HIV criminalization is highly discriminatory and, in fact, we are creating a viral subclass that could be the very beginning of an effort to divide and manipulate society based on the viruses, or other pathogens, some of us carry.

There are other sexually transmitted diseases, including some acquired more easily than HIV, which can make a person very ill and result in death.  4,000 women in the US were killed last year by cervical cancer.  More than 99% of them got the cancer from human papilloma virus:  genital warts  A huge percentage of the anal-genital cancers are caused by HPV, including almost all of the rectal cancers gay men get.

But people with HPV aren't prosecuted and there aren't HPV-specific statutes outlawing the failure to disclose.  That's because HPV isn't associated with outlaw sexualities, injection drug users or minority groups.  HIV is.  HPV is also carried at one point by more than 65% of the sexually active adult population.

Think of it a bit like the sentencing disparity between those charged with possession of cocaine (overwhelmingly white) and those charged with possession of crack cocaine (overwhelmingly black and minority).  For one charged with possession of cocaine to get a sentence comparable to someone charged with crack cocaine, they must have 100 times as much of the powder cocaine vs. crack.  Crack is associated with minorities.

I think the intent to harm someone should be prosecuted.  So if someone has the objective of infecting someone, that should be against the law.  Someone lying about their status should be subject to a civil action, if the person they harmed chooses to pursue it.

But failing to disclose and even lying about one's status should not be subject to criminal prosecution.
First of all, it is horrific public health policy.  Ignorance of one's HIV status is the best defense.  The toughest demographic to get tested for HIV are young African American MSM, a large % of whom have already had an unpleasant interaction with the criminal justice system.  Perhaps one reason so many of them aren't diagnosed until they are very sick is because they don't get tested for fear of stigma and consequences like criminal prosecution for failing to disclose?  "Take the test and risk arrest" is increasingly heard, in various forms, on the streets.

There's lots of research indicating the HIV criminalization statutes don't achieve their intended purpose of reducing the spread of HIV.  I believe they contribute to its further spread because they are one of the major drivers of stigma. 

These statutes ought to be of interest to anyone interested in protecting sexual freedoms, as well.  People are getting prosecuted for sexual behavior between consenting adults.  The reason, used by the state, is to protect the public health.  That was also used as a reason to forbid homosexual sex, inter-racial marriages, etc.  "Public health" has long been an excuse for grotesque violations of human and civil rights.  When "public health" is used to prohibit consensual sexual acts, we should be very concerned.

Since few people require a partner to sign a disclosure statement or consent form prior to sex, these cases often come down to "he said/she said/he said" situations.

What about the thousands of people born with HIV?  If we're all born equal, what do we say to them?  You're equal except you carry this additional legal burden around your entire life and have to be able to prove that you disclosed your HIV status prior to engaging in the most intimate contact a human have.

What about people with other diseases--like hepatitis, or the flu--that could make me very sick, or possibly even kill me?  Why don't they get prosecuted?  (That's a rhetorical question, of course, as we all know how much less value our lives have compared to those who are, as they so often like to say, "clean").

These statutes also contribute to stigma because they send a message that people with HIV are so dangerous, it highlights us and defines us as potential infectors.  Prosecutions are also subject to influence by politically ambitious prosecutors and hysterical media coverage.

They also undercut the message about everyone being responsibility for their own sexual health by putting a disproportionate share of the burden for avoiding transmission on one partner.  They value an illusion of safety for people who think they are HIV negative over the privacy rights of people with HIV.  For those of you who advocate in favor of criminalization statutes, how do you feel about prosecuting when there is virtually no risk, like spitting or biting (I think there's been one case of transmission by biting, but the bitee had open sores or something)?  How about when the risk is minimal, like when the positive partner is undetectable?  Or how about in a situation like a sex club or park or other places people have sex and there typically is little or no conversation?

Again, I support prosecuting those who intend to harm.  I can see situations where someone's mental illness may make them such a risk to the public health that an intervention--by public health authorities--could be justified. 

But consenting sexual behavior between adults should not be prosecuted.

I think I saw a post early in the string where someone suggested there were few of these cases.  I guess it depends on how one defines "few", but there have been hundreds in the US in recent years and more than 200 convictions.  The vast majority are poor men of color. 

I've launched a project to combat HIV criminalization, in conjunction with the Center for HIV Law & Policy.  If you would like to be kept informed, email us at crim@lawandpolicy.org or contact me at SeanS@poz.com.

We have a lot of work to do, starting within our own community.  Some recent data I saw showed that about 2/3 of gay men support HIV criminalization and about 35% of people with HIV support it.  Some suggest that women with HIV support it more than men with HIV, but I'm not sure that's true.  And, in any case, women suffer the consequences of HIV-related stigma more than men so logically they would be stronger advocates for reducing stigma.

Sean
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Moffie65 on May 30, 2010, 09:49:49 am
Thank you Sean for the post, and the update on some of your "other" work.  I thought I would include the Denver principles for the many here who have no idea what they are. 

The Denver Principles (1983)
________________________________________
There is no better way to cite the history of the PWA self-empowerment movement that to quote the principles articulated in Denver in 1983. They are as relevant and powerful today as they were then.
 
THE DENVER PRINCIPLES
(Statement from the advisory committee of the People with AIDS)
We condemn attempts to label us as "victims," a term which implies defeat, and we are only occasionally "patients," a term which implies passivity, helplessness, and dependence upon the care of others. We are "People With AIDS."

RECOMMENDATIONS FOR ALL PEOPLE

1. Support us in our struggle against those who would fire us from our jobs, evict us from our homes, refuse to touch us or separate us from our loved ones, our community or our peers, since available evidence does not support the view that AIDS can be spread by casual, social contact.

2. Not scapegoat people with AIDS, blame us for the epidemic or generalize about our lifestyles.


RECOMMENDATIONS FOR PEOPLE WITH AIDS

1. Form caucuses to choose their own representatives, to deal with the media, to choose their own agenda and to plan their own strategies.

2. Be involved at every level of decision-making and specifically serve on the boards of directors of provider organizations.

3. Be included in all AIDS forums with equal credibility as other participants, to share their own experiences and knowledge.

4. Substitute low-risk sexual behaviors for those which could endanger themselves or their partners; we feel people with AIDS have an ethical responsibility to inform their potential sexual partners of their health status.


RIGHTS OF PEOPLE WITH AIDS

1. To as full and satisfying sexual and emotional lives as anyone else.

2. To quality medical treatment and quality social service provision without discrimination of any form including sexual orientation, gender, diagnosis, economic status or race.

3. To full explanations of all medical procedures and risks, to choose or refuse their treatment modalities, to refuse to participate in research without jeopardizing their treatment and to make informed decisions about their lives.

4. To privacy, to confidentiality of medical records, to human respect and to choose who their significant others are.

5. To die--and to LIVE--in dignity.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: GSOgymrat on May 30, 2010, 02:26:30 pm
Thanks, Sean, for all the information. You make a lot of good points.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 30, 2010, 04:22:44 pm
Thank you, Sean. Your familiarity with the subject certainly illuminated how many poor laws are out there in the good old US of A. And it does sound like a whole lot of folks are being charged with things that have nothing to do with actual risk of transmission. That does promulgate fear and must stop.

However, I still think that we as a community have an obligation to the public at large. And that individuals who actually caused a transmission due to unprotected sex without disclosure must be held accountable.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on May 30, 2010, 05:20:24 pm

However, I still think that we as a community have an obligation to the public at large. And that individuals who actually caused a transmission due to unprotected sex without disclosure must be held accountable.

Sean's post really flew over your head then.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 30, 2010, 05:36:11 pm
Of course, difference of opinion can only be ascribed to stupidity.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Miss Philicia on May 30, 2010, 05:50:20 pm
It's amazing that someone two months into their HIV diagnosis can have such firm, unmalleable opinions.  Color me impressed.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 30, 2010, 05:54:43 pm
Of course, difference of opinion can only be ascribed to stupidity.

But you don't really differ with him. You just can't admit that your opinion has changed during this course of this thread. And in saying that I allow you more legitimacy than you arguably warrant.

You're clinging to "accountability" in a vain attempt to save face.

Moreover, Sean's post clearly establishes that those who willfully or recklessly infect others should be held to account, just not via bone-headed and savagely ineffective ways you've been defending.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 30, 2010, 06:14:24 pm
The tone of your remark was mostly personal and I will omit that part. I aim to discuss in good faith under the assumption that exchange of ideas benefits everybody.

However, I think it's worth highlighting where we agree and disagree, just for the sake of clarity. I think most of the law examples cited by Sean should definitely be amended as they promulgate fear and stigma. I wasn't aware of their existence and it saddens to learn about such cases.
However, I still think that if an individual (as per OP) causes willful transmission he or she should be accountable.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: newt on May 30, 2010, 06:31:06 pm
For the sake of clarity, Mr Zaburoni is not charged with intentionally using HIV as a weapon but causing serious injury (see original post). The press nearly always make it a matter of intention (ie adding "knowingly"). Even the BBC do it, tho, luckily, tis easy to put them right on this important matter of fact with a few emails. It is important because it ascribe malice and forethought as a state of mind, when more likely, on both parties, lust and stardust were more to the forebrain on the night in question.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Moffie65 on May 30, 2010, 07:54:32 pm
However, I still think that we as a community have an obligation to the public at large. And that individuals who actually caused a transmission due to unprotected sex without disclosure must be held accountable.

I am really shocked that you didn't comment on the Denver Principles, that were written by people who haven't survived the 27 years I have had the outright luck to survive, and they did it not only for the puplic at large but if you read it, for us too.  Sheesh, if you don't know where you've been, you'll never see where you are going.  Time for you to do some major homework and then get back to all of us.  

For your information, Sean Strubb, has more patience, focus, history and dedication than any 10 of us activists who are currently a part of the population of this forum.  He really was touched by this thread personally, or he wouldn't have ever wasted his time.  

NOw Borzel, go do your homework, you are in the company of some very remarkable people here, and they know so very much more than you from personal experience, that you cannot and will not keep up.  

(EXCEPT for those who were raped and got their bug that way)......WE ARE ALL RESPONSIBLE FOR OUR OWN INFECTIONS.  EVEN YOU, WHO DIDN'T PAY ATTENTION FOR THE LAST 30 YEARS!!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 30, 2010, 08:15:40 pm
I don't see what there is to say about the Denver Principles - they make sense. If everybody on both sides of the hiv fence followed them, the current discussion would not occur, would it?

As far as my personal opinion on the matter - I am entitled to one. I am respectful of others and appreciate that a lot of work has been done before my time by many dedicated individuals to advance the HIV cause. That, however, does not mean that I (or anybody else who may share this sentiment) should one throw away personal convictions because they don't coincide with the popular view.




Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Rev. Moon on May 30, 2010, 08:38:05 pm
As far as my personal opinion on the matter - I am entitled to one. I am respectful of others and appreciate that a lot of work has been done before my time by many dedicated individuals to advance the HIV cause. That, however, does not mean that I (or anybody else who may share this sentiment) should one throw away personal convictions because they don't coincide with the popular view.

The sad part about your response to what Sean had to say is that it proves one of his points: we have a good percentage of poz people who'd be willing to send others to jail even if there was no risk of transmission.  Hanging on to this idea of disclosure and the criminalisation of HIV is quite appalling and does not help us progress in any way,  Sometimes a person's self hatred and anger expresses itself by becoming an enemy to its own kind (and yes, unfortunately, you are one of us now).

My feeling however is that your opinion is actually shifting; you simply don't want admit it 'cause you apparently think that it would obliterate every other entry that you made in this thread.  There's nothing wrong in opening one's mind and/or modifying an opinion.

Acting so stubbornly (and in clear opposition to a large number of the forum members --who have more knowledge and experience than you) makes you look like a bozo, borzel.  It's not a bout a "popular" view; it's about having a point that is valid and that can be respected.  Your is not, dear sir.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: leatherman on May 30, 2010, 09:02:39 pm
(see original post). The press nearly always make it a matter of intention (ie adding "knowingly"). ... It is important because it ascribe malice and forethought as a state of mind, when more likely, on both parties, lust and stardust were more to the forebrain on the night in question.
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.
I don't quite see how you can ascribe nothing more than "lust and stardust" (that's the same excuse for unintended pregnancies too) and can conclude that it was not a "matter of intention" or "knowing" when the this person has had 13 yrs. to know of his status, and understand his role how his unprotected sex could further spread HIV.

I might, possibly, sorta could see giving the guy a pass if his actions of having unprotected sex were happening in the first few months after diagnosis; but not over a decade later. He surely understood his actions were very likely to spread HIV. By not having safe sex, and in lesser degree by not disclosing, he, quite knowingly, was very likely to have been spreading HIV.

Oh I am not advocating criminalizing his actions at all; but neither can I just excuse his behavior as if he didn't know his status, didn't think about the consequences of unprotected sex, or was just too horny to care about whether he spread HIV or not.

it would be interesting to know if he was on medications. On one hand, that would just increase his "knowing" of his status; but on the other hand, it could exonerate him though his decreased ability to transmit the infection. However if he's not on meds, then perhaps he has just not faced up to his status and "denial" would better explain his actions, rather than "lust and stardust"
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 30, 2010, 09:28:31 pm
"The sad part about your response to what Sean had to say is that it proves one of his points: we have a good percentage of poz people who'd be willing to send others to jail even if there was no risk of transmission.  Hanging on to this idea of disclosure and the criminalisation of HIV is quite appalling and does not help us progress in any way,  Sometimes a person's self hatred and anger expresses itself by becoming an enemy to its own kind (and yes, unfortunately, you are one of us now)."

Unfortunately appears to be mostly a function of your inability to read and comprehend what I've said. I've made it very clear that it's reckless transmission that I feel can not be left unaccounted. All the stupid laws that result in someone gets 35yrs for spitting are unequivocally wrong.

"My feeling however is that your opinion is actually shifting; you simply don't want admit it 'cause you apparently think that it would obliterate every other entry that you made in this thread.  There's nothing wrong in opening one's mind and/or modifying an opinion. "

I will fully agree that my position has shifted. I've started out with a very strong sense that infected women were victimized, full stop. I've come to accept the position held by many here that they share some responsibility since they agreed to have unprotected sex which carries a certain risk of acquiring STD.

However, I still don't think that the guy should walk free (if the allegations are proven in court). Just because he and I share a virus doesn't mean I'm supposed to automatically take his side (and we also have a pozzie woman now). Moreover, I think that quite a few people agree with my view, but (correctly I would add) see no point in arguing. It's easier to just go with the flow.


Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Assurbanipal on May 30, 2010, 09:33:42 pm
However, I still think that if an individual (as per OP) causes willful transmission he or she should be accountable.

Borael

Cases of willful transmission are very very very rare.  Are there any outside of fiction? 

This guy willfully had sex.  He recklessly transmitted HIV.


________________


I'm troubled by all the people in this thread who keep saying that each person is 100% responsible for their infection.  That would only be true if the risk of transmission were 100%.  There's a virus here too.

Do you go around saying you are 100% responsible for every cold you catch?  That's nonsense.  Few people can arrange their lives to have zero risk of catching a cold.  You can take steps to make it less likely, but for most the only way to avoid ever catching a cold is early death.

People are responsible for the risks they took.  So, sure, they should not palm off responsibility on other humans.  But they shouldn't be assuming 100% responsibility for being infected -- part of that is luck of the draw.  Other people who took the same risks escaped infection.  Those people are not magically less responsible just because they weren't infected -- just luckier.

For some of the posters this is clearly just semantics, but sometimes there seems to be real confusion.
And if people are to learn and grow from their experience it doesn't help to continually misstate what that experience really was.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 30, 2010, 09:43:01 pm
Thank you for clarifying that he did not in fact mean to transmit HIV, you're absolutely right. It was reckless.

A few individuals have actually  were prosecuted for willful transmission, found while researching the topic: http://www.avert.org/criminal-transmission.htm

Dr Richard J. Schmidt, 19985,6: Richard Schmidt was a doctor from Louisiana, USA, who was accused of infecting his lover, a nurse called Janice Trahan, by injecting her with HIV infected blood. Trahan alleged that Schmidt had injected her with the blood of one of his positive patients in an act of vengeance after she tried to end their relationship. DNA samples of the virus in Trahan's blood and that of the positive patient in question were found to be very similar, but Schmidt's defence team insisted that 'very similar' was not scientifically accurate enough. HIV rapidly mutates and changes its DNA structure once it enters another person's body meaning comparisons can be difficult. However, using a new technique called ' phylogenetics' (or 'evolutionary analysis'), scientists were able to determine that Schmidt's patient was extremely likely to have been the source of the virus found in Trahan. Schmidt was found guilty and sentenced to 50 years.

Brian Stewart, December 19987: Stewart was a medical technician from Illinois who was sentenced to life in prison after deliberately injecting his son with HIV infected blood, allegedly in an effort to kill him and avoid paying child support. He was found guilty after all other suggested sources for the boy's infection were ruled out. On one occasion Stewart allegedly told the boy's mother not to bother seeking child support because the child would not live beyond the age of five. On another, he told colleagues that he had "the power to destroy the world? I would inject them with something and they would never know what hit them."

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Grasshopper on May 31, 2010, 01:28:28 am
Isn't  "deliberately injecting someone (not with an erect penis!  ::) ) with HIV infected blood" a whole different topic ?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 31, 2010, 01:46:19 am

I've made it very clear that it's reckless transmission that I feel can not be left unaccounted. All the stupid laws that result in someone gets 35yrs for spitting are unequivocally wrong... I've come to accept the position held by many here that they share some responsibility since they agreed to have unprotected sex which carries a certain risk of acquiring STD.

What I find most perplexing is that you and (allegedly) most that share your views seem to use the word "responsibility" so interchangeably. What is missing the whole time is an adjective before it. Are you talking about "moral" responsibility, or even "social" responsibility? However the question all along is should there be a "criminal" responsibility, which is something we've been objecting to from the start.

So what "responsibility" you think those who have consented to unprotected sex and get infected should "share"?

Assuming your answer is that they, the infected party, should not "share" a criminal responsibility, what makes their "responsibility" lesser (or that the infected party greater) that attracting criminal responsibility to this consensual act to another party is justified/justifiable?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: komnaes on May 31, 2010, 01:53:26 am
For the sake of clarity, Mr Zaburoni is not charged with intentionally using HIV as a weapon but causing serious injury (see original post). The press nearly always make it a matter of intention (ie adding "knowingly"). Even the BBC do it, tho, luckily, tis easy to put them right on this important matter of fact with a few emails. It is important because it ascribe malice and forethought as a state of mind, when more likely, on both parties, lust and stardust were more to the forebrain on the night in question.

That was clarified at least 3 pages ago.. but of course always worth mentioning..

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..

But then again, what else is to expect from the media when it comes to a story about a handsome "monster" that involves lots of sex...
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: newt on May 31, 2010, 03:43:35 am
Well as it happens they have added one charge with intent (a standard presecutor's ploy)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 31, 2010, 08:22:28 am
Isn't  "deliberately injecting someone (not with an erect penis!  ::) ) with HIV infected blood" a whole different topic ?

Yes, of course. I think this highlights the problem that exists - how do you know if someone meant to infect another person during a sex act (ie sticking someone with a penis and not a needle) or merely didn't want to bother with condoms?
One can say that the burden is on the accuser to prove intent to transmit (and not recklessness). However, I think  that given the disparity of risk between parties, that failure to show any consideration can be construed as bordering between reckless and willfull. For example - someone who is on HAART can fully claim to not have intent if the sex act resulted in transmission, thus invalidating the charges (as it happened during a case in Switzerland).


What I find most perplexing is that you and (allegedly) most that share your views seem to use the word "responsibility" so interchangeably. What is missing the whole time is an adjective before it. Are you talking about "moral" responsibility, or even "social" responsibility? However the question all along is should there be a "criminal" responsibility, which is something we've been objecting to from the start.

So what "responsibility" you think those who have consented to unprotected sex and get infected should "share"?

Assuming your answer is that they, the infected party, should not "share" a criminal responsibility, what makes their "responsibility" lesser (or that the infected party greater) that attracting criminal responsibility to this consensual act to another party is justified/justifiable?
Sure, thank you for bringing it up. It is something we should have addressed long ago as it highlights where our difference of opinion lies.

I think the responsibility is first of all moral. A person who is HIV+ has a moral responsibility to avoid transmitting the virus to others. That means having protected sex if they have detectable VL or disclosing their status to the partner so he can decide whether to engage in unprotected sex.

The part where we disagree is that I think it's reasonable for the state to make the transmitor accountable if he chooses to put personal gratification above health of others. I am yet to see one cogent explanation why in this case the Australian acrobat should not be held accountable.

--

What responsibility do the aggrieved party share? - Living with the virus for the rest of their lives.



Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 31, 2010, 08:59:02 am
To jump from a moral responsibility to legal/criminal responsibility in a consensual interaction requires additional justification, especially when the subsequently "injured" party was in full capacity and power to prevent it from happening to him/herself. That additional justification was and still is never present; and as repeated here and previous threads numerous time the "social justification" (reducing the number of infection, e.g.) has proved to be false; and it serves no purpose at all except to perpetuate discrimination, give the general public a false sense of security and promote a needlessly vindictive false social justice.

What you have never addressed though is - if you think the criminal responsibility, which comes from a moral responsibility - is greater on the part of the HIV+ party then the HIV- party, why the latter, who has and should have full knowledge of the risk of acquiring any number of STDs and chosen to ignore this risk for his/her "sexual glorification", should not share the "criminal" responsibility?

And by the way, you still have not ridden of that notice of victimhood really - otherwise why would you think that being HIV+ is already the consequence of "sharing" responsibility as compare to others being put behind bars. I am HIV+ and I don't see myself as "sharing" a moral responsibility with the person that infected me - whether he knew he was HIV+ or not when he fucked me without a condom. I asked for it and I should have stopped me. If there's any "responsibility" on my part, it's just a responsibility to myself and my health.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 31, 2010, 12:22:28 pm
First I'd like to thank you for raising the level of the debate to a higher standard on numerous levels.

To jump from a moral responsibility to legal/criminal responsibility in a consensual interaction requires additional justification, especially when the subsequently "injured" party was in full capacity and power to prevent it from happening to him/herself. That additional justification was and still is never present; and as repeated here and previous threads numerous time the "social justification" (reducing the number of infection, e.g.) has proved to be false; and it serves no purpose at all except to perpetuate discrimination, give the general public a false sense of security and promote a needlessly vindictive false social justice.

As I mentioned earlier, to me the analogy is to someone who is deceived by a cheat. The person who agreed to have unprotected sex did so under the impression that his partner was negative. The risk they implicitly agreed to accept was the HIV+ person not being aware of their status and not HIV+ lying  to them.
A large number of crime acts can be prevented if the victim exhibited just a little bit more common sense. Just like we don't say to a cheated grandmother - You did not have to open the door to the nice young man (or invest with Madoff), I feel that placing full blame on the HIV receiver misses the point of who is ultimately morally culpable.
I also appreciate that different encounters imply different risk profiles. Meeting a random dude in the park at night and not getting his name is a world apart from being infected by someone you cohabit with.

I agree that these measures will not stop spread of the disease (ie overall social impact). But we also don't rely on the laws for many different crimes to prevent people from doing them. Being a decent human being and having own moral code is what stops people.  I am not drawing a parallel between the two, only demonstrating that the reason for having a law is not just deterrence, but also attributing "justice". I feel that significantly altering life of a person by infecting them with HIV is an unjust act. 


What you have never addressed though is - if you think the criminal responsibility, which comes from a moral responsibility - is greater on the part of the HIV+ party then the HIV- party, why the latter, who has and should have full knowledge of the risk of acquiring any number of STDs and chosen to ignore this risk for his/her "sexual glorification", should not share the "criminal" responsibility?

Sure. My logic rests on the asymetry of knowledge between the two parties. HIV+ person knows with certainty that there is a significant risk to the HIV- to become infected, while the HIV- person is facing a much smaller hypothetical risk. The ratio can be expressed as the ratio of HIV+ people in the subset of population.
If we use current example - there are 23,000 HIV males in Australia. Assuming half of them are homosexual, that leaves 11,500. There are approximately 4.25mil men aged 20-50. So a random heterosexual man is 11,500/4,250,000 = 0.0027. That is 1:400. Versus 1:1 as known by the HIV+ partner. To me this ratio is a benchmark for how I perceive difference in responsibility. The actual numbers don't have to be precise - I am only illustrating my thought process.

For example in the book Super Freakonomics the authors cite prevalence of HIV in population of indivisuals who frequent Chicago prostitutes. Those who frequent females are about 2-3%, while those who frequent male prostitues have 35%. That explains why female prostitutes do not put a high premium on use of condoms ($2 per act).

This may also explain why some members feel that they took a personal risk and don't blame the person who infected them - because they feel the odds they faced meant they 'should have known better'. But situations are different - others may not feel that way.

FWIW I personally was infected by someone who didn't know their status and had to break the bad news to them.


And by the way, you still have not ridden of that notice of victimhood really - otherwise why would you think that being HIV+ is already the consequence of "sharing" responsibility as compare to others being put behind bars. I am HIV+ and I don't see myself as "sharing" a moral responsibility with the person that infected me - whether he knew he was HIV+ or not when he fucked me without a condom. I asked for it and I should have stopped me. If there's any "responsibility" on my part, it's just a responsibility to myself and my health.
I probably did not make myself clear, or just misspoke. I don't see a moral responsibility in the person who was infected. I see a practical responsibility - he or she will have to live with the virus because they took a certain risk and it misfired.

To me moral responsibility stems from the skewed odds. It's like going to a rigged racetrack and losing. The loser should have known better - and if he didn't play there would be no loss. But the person who took his bet has a different responsibility because he knows the game is rigged.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 31, 2010, 12:26:36 pm
First I'd like to thank you for raising the level of the debate to a higher standard on numerous levels.

Heh, because you've been such an edifying influence.

If we use current example - there are 23,000 HIV males in Australia. Assuming half of them are homosexual, that leaves 11,500. There are approximately 4.25mil men aged 20-50. So a random heterosexual man is 11,500/4,250,000 = 0.0027. That is 1:400. Versus 1:1 as known by the HIV+ partner. To me this ratio is a benchmark for how I perceive difference in responsibility. The actual numbers don't have to be precise - I am only illustrating my thought process.

Actually these numbers do have to approach some degree of precision. Do you have a source? :)

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 31, 2010, 12:50:18 pm
"Heh, because you've been such an edifying influence. "

My evil plan to offend MtD has worked :)


Personal remarks aside,

1. Number of HIV men in Australia: 23,133 http://www.avert.org/aids-hiv-australia.htm

2. "In 2005, over half of new HIV infections diagnosed in the US were among gay men, and up to one in five gay men living in cities is thought to be HIV positive."

http://www.scientificblogging.com/news_account/different_hiv_rates_among_homosexuals_and_heterosexuals_ignores_risky_behavior_data

I assumed similar dynamic between Australia and US in this regard. If anything, the cumulative population percentage is probably skewed toward gays because in the early stage of the disease they were a higher % of new infections.

3. Population by Age in Australia: http://www.abs.gov.au/Ausstats/abs@.nsf/mf/3201.0

I am not claiming precision - but the overall ballpark I believe is there.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 31, 2010, 01:01:17 pm
"Heh, because you've been such an edifying influence. "

My evil plan to offend MtD has worked :)


Personal remarks aside,

1. Number of HIV men in Australia: 23,133 http://www.avert.org/aids-hiv-australia.htm

2. "In 2005, over half of new HIV infections diagnosed in the US were among gay men, and up to one in five gay men living in cities is thought to be HIV positive."

http://www.scientificblogging.com/news_account/different_hiv_rates_among_homosexuals_and_heterosexuals_ignores_risky_behavior_data

I assumed similar dynamic between Australia and US in this regard. If anything, the cumulative population percentage is probably skewed toward gays because in the early stage of the disease they were a higher % of new infections.

3. Population by Age in Australia: http://www.abs.gov.au/Ausstats/abs@.nsf/mf/3201.0

I am not claiming precision - but the overall ballpark I believe is there.

So you've actually assayed these numbers, Oh Greater Knower of Things?

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 31, 2010, 01:19:53 pm
Sorry, what is your point?

I'm just a guy with access to common sense and google.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on May 31, 2010, 01:25:10 pm
Sorry, what is your point?

I'm just a guy with access to common sense and google.

But not necessarily an understanding of statistics?

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: newt on May 31, 2010, 01:42:54 pm
Quote
I am yet to see one cogent explanation why in this case the Australian acrobat should not be held accountable.

Perhaps because fucking without a condom takes two, and no jury in the world of any sense is gonna say a hot night with a travelling acrobat is a low risk to life and limb (even if it's hot, maybe that's part of the attraction).

This raises an important, contingent point (and therefore not very convenient for the law). On discussing this with people, positive and negative, there is in their minds a difference between shagging in a long term relationship and a one night (or maybe three night stand).

The counter to this is of course that people who walk down dark alleys at night shouldn't get assaulted, but that is not a situation involving two consenting adults. Which is the nub of the problem. The law is a blunt tool in this area.

The law in England hinges upon a nuanced discussion of consent and what is a general risk in sex. Eg, pregnancy being considered a well-known general risk and HIV an exceptional one, therefore you consent in all cases to the risk of pregnancy but not HIV unless it is explicitly discussed. From one point of view this is fair, but bugger me, I ain't getting any man pregnant soon.....it's not so simple, esp. with 5-15+ % prevalence in some parts of the population.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 31, 2010, 02:40:11 pm
But not necessarily an understanding of statistics?

MtD

I would be happy to learn where I made the mistake.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on May 31, 2010, 02:53:06 pm
The sea of morality is murky indeed. There are some who would argue that people have a moral responsibility to not have sexual relations outside of marriage. Does that mean sexual relations outside of marriage should be punishable by imprisonment?

As Newt points out, we're talking about two people in a consensual act.

What ever a person tells you before a sex act regarding their hiv status should not be the deciding factor when it comes to negotiating condom use. The person from whom I acquired my virus told me he was hiv negative - he had to test every three months for the work he was doing in Africa with the UN -  but he didn't have the skinny on the window period and honestly thought he was hiv negative. He wasn't. Did he lie? Did he bollocks. He just didn't know.

And it was my responsibility - my responsibility to MYSELF - to insist on a condom. I didn't. At the end of the day, it doesn't matter if he was lying or if he truly didn't know. I shirked my responsibility to myself.



Because of the intense (even if only perceived) stigma surrounding hiv, many people find it exceedingly difficult to disclose.

The majority of people crave love and acceptance and physical intimacy. This impulse, this need, is one of the strongest amongst the human race. This drive - this need - can be so strong that it not only causes people to neglect to protect themselves, but it also causes people to neglect to protect others. Starving people will lie, cheat and steal to obtain food. People who are starving for love will do the same. We all need love. We all need physical intimacy.

I'm not talking horny; I'm not talking sexual gratification. I'm talking about the drive behind it all. As a species, we are driven  to seek out physical intimacy, love, and affection.

To criminalize hiv (whether or not transmission occurs) in a consensual sex act is to criminalize a fundamental part of human nature.

And no, I'm not talking about rapists or the rare person who INTENDS - who WANTS - to infect others with hiv. I'm talking about the majority who are trying to answer a hunger, a thirst that is just as real and just as important as the hunger for food or thirst for water.

How can we - morally - justify criminalising a consensual sex act between two people who agree to answer nature's call together?



edited to fix some punctuation - I really shouldn't read my own posts after the fact.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: BM on May 31, 2010, 04:38:57 pm
Sure. My logic rests on the asymetry of knowledge between the two parties. HIV+ person knows with certainty that there is a significant risk to the HIV- to become infected, while the HIV- person is facing a much smaller hypothetical risk. The ratio can be expressed as the ratio of HIV+ people in the subset of population.
If we use current example - there are 23,000 HIV males in Australia. Assuming half of them are homosexual, that leaves 11,500. There are approximately 4.25mil men aged 20-50. So a random heterosexual man is 11,500/4,250,000 = 0.0027. That is 1:400. Versus 1:1 as known by the HIV+ partner. To me this ratio is a benchmark for how I perceive difference in responsibility. The actual numbers don't have to be precise - I am only illustrating my thought process.

Unless I've completely misunderstood what you've written, you seem to be conflating two separate issues: risk to neggies versus incidence of HIV in a population. Certainly the two are related, but the risk to a negative person of having unprotected sex with someone whose status is unknown is not the same as the incidence of HIV in the population: with another negative person, the risk is zero whereas it's a lot higher with a positive person. To base sexual health habits on the basis of the above is reckless (and shows an ignorance of conditional probability! :p).
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on May 31, 2010, 07:03:38 pm
The majority of people crave love and acceptance and physical intimacy. This impulse, this need, is one of the strongest amongst the human race. This drive - this need - can be so strong that it not only causes people to neglect to protect themselves, but it also causes people to neglect to protect others. Starving people will lie, cheat and steal to obtain food. People who are starving for love will do the same. We all need love. We all need physical intimacy.

I'm not talking horny; I'm not talking sexual gratification. I'm talking about the drive behind it all. As a species, we are driven  to seek out physical intimacy, love, and affection.

To criminalize hiv (whether or not transmission occurs) in a consensual sex act is to criminalize a fundamental part of human nature.

And no, I'm not talking about rapists or the rare person who INTENDS - who WANTS - to infect others with hiv. I'm talking about the majority who are trying to answer a hunger, a thirst that is just as real and just as important as the hunger for food or thirst for water.

How can we - morally - justify criminalising a consensual sex act between two people who agree to answer nature's call together?

That really puts the finger in it / oops on it.

I took a nap after I read this post and got to thinking about this group of people:  those who pursue criminal transmission charges, because of lack of disclosure, OR a fear of transmission, OR a real transmission via sex -- are more likely to have ignored or discounted Anns's consideration.  

I'm not saying its researched - just my hunch from unstudied observation on the cases.  

So my theory is this - there are people who do not pursue sex as a way to experience LOVE OR ACCPTANCE OR INTIMACY.   Sex is a game for many people.  Or something to be consumed - a fetish consumption -- not unlike wanting and buying designer clothes.  I see my gay brothers pass up dozens of lover materials, thousands of guys on the chats you would assume would have the "basic instinct" of wanting love and intimacy but instead waste hours in the day, or years of their lives, looking for exactly some perfect guy and sex to be consumed.  
Or sex is hedonistic - mostly about intense pleasures. Or sex is a sport. Or extreme sport. I personally have gotten this feeling any time I've been at a hard sex party - that it has nothing to do with sex as my soul understood it, but rather I was in some weird extreme sport situation, not unlike Outward Bound or Mountain Climbing or Ironman.

I have gotten the distinct vibe over the years in the gay world that HIV is a party bummer - like bad food or running out of booze - something to avoid cause it ruins everyone's good time.  Or if there is HIV around, well at least make lemonade out of these lemons - go whole hog bareback crazy and have the best piggy party you want - no limits - that the buzz word for this kind of mindset.

Or sex is something to take your mind off other things.  Sex as diversion. The french have a good word - entertainment is called "divertissement".  Entertaining one's self with sex to divert ones attention, escape, unwind.

So I don't particularly have a judgement that most of these mindsets are wrong.  Been there and done that, that's for sure!

But I do have this hunch that when HIV rears its unwelcome head - for some people its like a party crasher or a poor host or a debbie downer and people get very MAD and indignant indeed.  How dare illness ruin my party, MY needs, my pleasure, my diversions. etc. etc. etc.

Its like that scene in Monty Python's Meaning of Life.  The vacuous middleclass couples are in their vacuous dinner party and the grim reaper comes cause in fact they are all dead, because of the salmon mouse.  The host is aghast.  The guests are like - "how could you have served us this" , and others like "oh my, this is most inconvenient."

http://vodpod.com/watch/895303-monty-python-the-grim-reaper

"Don't leave him hanging around outside, ask him in!"  (says she, who just wants to be polite and not make a fuss in the face of extreme danger!)

And its also, these days, doubly strong as a metaphor because of course so many HIV negative people see HIV as DEATH and therefore a MOST unwelcome guest at the party.  

Oh heavens, I've been marked my death! Someone must PAY for this, I certainly didn't invite him!

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 31, 2010, 07:19:18 pm

The law in England hinges upon a nuanced discussion of consent and what is a general risk in sex. Eg, pregnancy being considered a well-known general risk and HIV an exceptional one, therefore you consent in all cases to the risk of pregnancy but not HIV unless it is explicitly discussed.


That's exactly my view. That consent can only considered as given only if one is made aware of what the HIV+ individual knows. Level playing field. Otherwise I don't consider the act to have been "consensual".

For what it's worth, I think that HIV+ person has the right to NOT disclose his status if he can demonstrate having taking reasonable precautions to protect the HIV- from getting infected. Such as insisting on a condom or being on HAART and UD.


As Newt points out, we're talking about two people in a consensual act.


I've addressed how I see the issue of consent under the circumstances.

What ever a person tells you before a sex act regarding their hiv status should not be the deciding factor when it comes to negotiating condom use. The person from whom I acquired my virus told me he was hiv negative - he had to test every three months for the work he was doing in Africa with the UN -  but he didn't have the skinny on the window period and honestly thought he was hiv negative. He wasn't. Did he lie? Did he bollocks. He just didn't know.

Your and mine situation (I was also infected by someone not aware of their status) are different from the issue we are discussing here. What about a wife whose husband gets HIV and never bothers to inform her even after he finds out? One can always concoct a scenario where condom use is not the 'reasonable course of action'.

Because of the intense (even if only perceived) stigma surrounding hiv, many people find it exceedingly difficult to disclose.

The majority of people crave love and acceptance and physical intimacy. This impulse, this need, is one of the strongest amongst the human race. This drive - this need - can be so strong that it not only causes people to neglect to protect themselves, but it also causes people to neglect to protect others. Starving people will lie, cheat and steal to obtain food. People who are starving for love will do the same. We all need love. We all need physical intimacy.

I'm not talking horny; I'm not talking sexual gratification. I'm talking about the drive behind it all. As a species, we are driven  to seek out physical intimacy, love, and affection.

To criminalize hiv (whether or not transmission occurs) in a consensual sex act is to criminalize a fundamental part of human nature.

And no, I'm not talking about rapists or the rare person who INTENDS - who WANTS - to infect others with hiv. I'm talking about the majority who are trying to answer a hunger, a thirst that is just as real and just as important as the hunger for food or thirst for water.

How can we - morally - justify criminalising a consensual sex act between two people who agree to answer nature's call together?


I think you raise a valid point. I think there are two ways to answer it:

1) The most important issue I see here is consent. To me (and we may disagree on this), unprotected sex with an HIV+ individual is an instance of sex without consent. Therefore one can apply the logic reserved for other humans interactions where a person takes advantage of another without their consent. I am not saying it's equivalent to rape, but to me there is a parallel - where an act is consummated without one participant consenting to it.  
Therefore the defense of 'call of nature' is as valid here. There are plenty of human wants and needs that one must check because they pose a risk to others. Having unprotected sex with a negative person is one of them.

2) Simply take precautions. This is the easiest and most pragmatic route.: Insist on a condom. If the woman objects, the man can always say that he does not want to have children and doesn't trust the pill. Or start HAART and get UD. I don't see why one has to risk the life of another when such simple steps can be taken whilst keeping his status undisclosed.

Unless I've completely misunderstood what you've written, you seem to be conflating two separate issues: risk to neggies versus incidence of HIV in a population. Certainly the two are related, but the risk to a negative person of having unprotected sex with someone whose status is unknown is not the same as the incidence of HIV in the population: with another negative person, the risk is zero whereas it's a lot higher with a positive person. To base sexual health habits on the basis of the above is reckless (and shows an ignorance of conditional probability! :p).

I'm sorry but I don't think you quite understand conditional probability. You are confusing ex-ante and ex-post probabilities. Let me explain.

The probability that a person is infected during a sex act is equal to: (Probability that partner has HIV) * (Probability of transmission during particular sex act) => (P ^ HIV) * (P ^ transmit)

View of the HIV- person: (1 / 400 ) * (P ^ transmit)  -> if one assumes that partner has the probability of having HIV that's equal to its prevalence in the same group (400 in this example)
View of the HIV+ person 1 * (P ^ transmit) -> HIV+ person knows with a 100% certainty he has HIV

As you see,  (P ^ transmit) appears in both equations and is equal, therefore can be dropped. Hence, the HIV- person perceives her risk to be 1/400 of the risk that the HIV+ person knows she is facing.



Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on May 31, 2010, 07:40:38 pm

For what it's worth, I think that HIV+ person has the right to NOT disclose his status if he can demonstrate having taking reasonable precautions to protect the HIV- from getting infected. Such as insisting on a condom or being on HAART and UD.

So I can go bareback at the bath house and not feel guilty?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 31, 2010, 08:24:01 pm
So I can go bareback at the bath house and not feel guilty?

Here we are talking about moral stance and how laws should reflect it. Current law is pretty clear that it's not allowed.

As far as I know there has never been a case where an UD individual has transmitted. (I actually don't think it's physically possible for virus to infect if it's below a certain threshold). If one can be certain that he is  UD, I see the risk of transmission as lower than using a condom with a positive VL. I don't know what the appropriate "bathhouse etiquette" re disclosure is if you use a condom.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: edfu on May 31, 2010, 08:40:04 pm
As far as I know there has never been a case where an UD individual has transmitted. (I actually don't think it's physically possible for virus to infect if it's below a certain threshold). If one can be certain that he is  UD, I see the risk of transmission as lower than using a condom with a positive VL.

Undetectable in peripheral blood does NOT = 100% undetectable in semen:

http://www.aidsmeds.com/articles/hiv_transmission_semen_1667_15189.shtml

http://www.aidsmap.com/en/news/167784F9-FD3C-4148-8AB3-F669FE941BB3.asp
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on May 31, 2010, 09:25:44 pm
Yes, but there still has not been a single recorded case of transmission. So we are talking a possibility - that has not yet actually occurred despite millions on HAART.

I'm not saying - Go spread your seed. I'm only saying what I consider to be reasonable form of protection.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on May 31, 2010, 10:56:32 pm
My logic rests on the asymetry of knowledge between the two parties.

I never thought I have to even rise this one but since you insist on using it repeatedly - NO, there's no asymmetry of "information", at least the one you keep mentioning is not relevant. The only relevant one here has always been either one should know or should have known (i.e. could expect) the risk of acquiring any number of STDs from unprotected sex - this is the only relevant information one needs to give consent to unprotected sex, not on a lack of communication or even misrepresentation from another party should affect that decision-making.

The "information" that you keep referring to - the HIV+ partner who knows he's HIV+ - is not and should not be relevant to the decision of the other party whether to engage in unprotected sex or not. So your primarily logic is false.

And you keep referring to the withholding or misrepresenting of the "information" by the HIV+ partner that he's HIV as a form of "cheat". This is correct, but what we've been saying all along is whether there's enough justification to make this a criminal liability instead of a "moral" ("practical" or "social" or whatever you try to name it) one.

And please STOP USING ANALOGIES as your reasons (i.e. because A is analogically similar to B, and if B is publishable so should A, etc). Many of your examples - cheating in gambling, etc - are based on this type of false analogizing, and the making of a specific law to deal with a specific interaction should be considered on its own grounds.

As Ann has pointed out - people cheated and lied all the time - but not all withholding of information, misrepresentations and lies carry criminal liabilities. If and when such liability arises, it's always not just created by an "asymmetry" of information between the parties alone. There needs to be additional justifications - and they never exist in the case of criminalizing HIV transmission.

So, you tell me - considered what I have said above, what are those additional justifications (bar your misplaced "asymmetry" of information) of criminalizing HIV transmission via consensual unprotected sex?

(sorry for the late modifications of some typos)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: fearless on June 01, 2010, 08:59:13 am
I would be happy to learn where I made the mistake.



For starters, you state there are  23,133 Aussie male having HIV - this is the number of diagnoses of males. In total (male and female) there are an estimated 17,444 people LIVING with HIV in Aus. The others have since died.

You assumption of a similar dynamic between Australia and the US is just wrong. HIV is Australia still predominantly affects men who have sex with men. the avert figures allude to this - 2008 - 837 males diagnosed compared to 136 women. and if you bothered to scroll down a little:

"Transmission in Australia continues to occur primarily through sexual contact between men. Around 66% of people newly diagnosed with HIV in 2008 were among men who have sex with men; 27% were exposed through heterosexual contact; 3% were due to injecting drug use; and a further 3% were men with a history of both injecting drug use and sex with other men. In 5% of cases the route of HIV transmission was categorised as other or undetermined."


I will not even bother going further as I'm not sure what point if any, you were trying to make.

If we had just maintained the white Australia policy we would have never ended up in this mess.

Sean's post was the only one in this thread that has made any sense.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Grasshopper on June 01, 2010, 10:09:17 am


I will not even bother going further as I'm not sure what point if any, you were trying to make.

If we had just maintained the white Australia policy we would have never ended up in this mess.



What's the point YOU are making with this odd statement  ?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: newt on June 01, 2010, 12:58:02 pm
Quote
Yes, but there still has not been a single recorded case of transmission.

Case report of sexual transmission when viral load suppressed to <50 copies/mL
http://i-base.info/htb/130
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on June 01, 2010, 01:28:01 pm
Good article, Newt, thanks for posting.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on June 02, 2010, 12:40:37 am
Case report of sexual transmission when viral load suppressed to <50 copies/mL
http://i-base.info/htb/130

I'm curious to know whether he was the insertive or receptive partner.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on June 02, 2010, 12:51:52 am
I'm curious to know whether he was the insertive or receptive partner.

I know it's probably alien to you but not everyone is a 110% catcher in the ass.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on June 02, 2010, 07:51:27 am
If we had just maintained the white Australia policy we would have never ended up in this mess.

HOLY FUCK.  People's cards are on the table now. 

This thread was heading to hell. Two pages ago I could only read the longer posts attempting to discuss with real facts and laws, and in a general sense, and not the personal bickering posts.

I don't know if you are saying this ironically or stupidly or if you are really a racist but I do know you would fail the high school debating lesson, because that is one lazy ass lame stink bomb to throw into a debate.



Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: Matty the Damned on June 02, 2010, 08:06:21 am
HOLY FUCK.  People's cards are on the table now. 

This thread was heading to hell. Two pages ago I could only read the longer posts attempting to discuss with real facts and laws, and in a general sense, and not the personal bickering posts.

I don't know if you are saying this ironically or stupidly or if you are really a racist but I do know you would fail the high school debating lesson, because that is one lazy ass lame stink bomb to throw into a debate.

Oh settle down. Of course he's being ironic.  ::)

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: mecch on June 02, 2010, 08:07:39 am
relieved!!   :D
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading H
Post by: loop78 on June 02, 2010, 09:06:52 am
Hey! An HIV criminalization thread! It must be Tuesday!  :P

Scenario:

Two people, one of them positive, willingly decide to have unprotected sex. Transmission happens.

Responsibility:

Both of them are fully responsible for that transmission. It's the result of the choice made by both of them.

Caveats:

1) IF the poz knew his status AND didn't disclose, he is not only responsible for that transmission but he also did something morally wrong (knowingly risked causing harm).
2) Morally wrong should not always equal criminally punishable. E.g.: if prosecuting it would cause more harm than it would prevent (stigmatize  hiv status, keep people from testing, promote ignorance and lack of responsibility for our own health). Criminalizing consensual sex HIV transmission is a danger for public health.
3) There is only one way a negative person can have sex without risk of hiv: using a condom. The rest are excuses.

PS: By the way, hiv is not "given", it's transmitted.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on June 02, 2010, 09:34:02 am

Hey! An HIV criminalization thread! It must be Tuesday!  :P


Or Wednesday? Tuesday was yesterday. I know because the bin-men were around today, and they only turn up on my street on a Wednesday. ;)


Criminalizing consensual sex HIV transmission is a danger for public health.

There is only one way a negative person can have sex without risk of hiv: using a condom.

The rest are excuses.


Well said.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: unclespongebob on June 02, 2010, 10:45:47 am
 :)  should it be everybodys place to have condums noty just the guy  :)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on June 02, 2010, 07:11:33 pm
Don't have the time/inclination to fight windmills anymore. Those of you who want to live in lala-land and think that the law is wrong - please continue to do so. I'm sure there are people who think that much worse transgressions should not be criminally punished, our free society is meant to allow freedom of thought.
Just don't throw together idiotic laws of certain US states that give someone 35 years for spitting on a cop and reasonable laws that are used to address someone actually transmitting because they didn't think telling someone they have hiv was 'relevant'.

The rest of the population actually has common sense to appreciate that the information is relevant and that the carrier of a deadly disease has responsibility to contain it. I'm sad to observe that self-centerdness and self-interest are determining moral stance for a lot of people on this issue.

One last bit to Fearless - because I'm a geek for numbers. You managed to write a whole post detailing how my analysis is wrong because I *UNDERESTIMATED* the probability that a random heterosexual guy would have HIV. So instead of 1 out of 400 it's 1 out of a 1,000 or more. So my point is only STRONGER.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: darkerpozz on June 02, 2010, 08:39:27 pm
I think I actually agree with the thinking of Komnaes and that while maral and ethical to disclose I certainly don't feel responsible for every HIV- person turning positive based on sex with me and he SAYS he only had sex once like the article states two monogamous folks having sex and one turns up positive and HE SAYS he never had sex outside the relationship all this is too circumstantial evidence and tiring 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on June 02, 2010, 10:35:04 pm
Don't have the time/inclination to fight windmills anymore.

Actually, either did most of us.. but this is such an important topic that deserves every bits of its attention.

Those of you who want to live in lala-land and think that the law is wrong - please continue to do so. I'm sure there are people who think that much worse transgressions should not be criminally punished, our free society is meant to allow freedom of thought.

Again, you're expanding a reason to against A to cover a series of other "transgressions" B, C, D, etc. I said repeatedly that each moral transgression should be dealt with on its own grounds, if we're to either support or against making it a state's duty to enact criminal liability.

We've all along been dealing with HIV transmission through consensual sex, and if you cannot offer better arguments just admit so.

The rest of the population actually has common sense to appreciate that the information is relevant and that the carrier of a deadly disease has responsibility to contain it.

What common sense? Are you saying we're so self-centered that we don't have that common sense that we have that responsibility, just because we think criminalizing this responsibility is not the best way to deal with it?

This is NOT just a position advocated by those who are HIV+ like us. Look and do your research - this is a position shared by many jurists and legal scholars who do not have that "self-centered" reason to agree with us. So they don't have common sense too?

What is lacking common sense is criminalization itself as a means to contain transmission, and it serves no purpose but to perpetuate discrimination and stigmatization. As someone who has been and will continue to be directly affected, your "common sense" may in time convince you otherwise. As of now, if I see you ever try to use such words like "lala-land", "self-centered", etc, and as Ann has respectfully said to you before:

FUCK YOU!

And I will make sure I come back to debunk every time.

(modified to add "Bold" to "FUCK YOU")
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on June 03, 2010, 10:28:46 am
Kom, deliberate personal attacks are uncool.  You should be catty and use your wit to make your foes tremble at your every concealed comment.  Anyway, in any discussion there is a difference of opinion and even though you disagree with Borzel you shouldn't be so upset with his comments that you level an attack at him.

Borzel, the guy is reprehensible but saying that he was criminally negligent is equally bad.  Yes he >MAY< have infected someone with hiv.  We honestly don't know that he did, what we do know is that he slept with someone without a condom, both parties agree on that statement.  So the woman involved, we'll assume, knew that he could be carrying any number of STI's and chose to sleep with him anyway.  He knew he could potentially infect her with his HIV and slept with her anyway.  Poor decision making on the side of both parties, but should he now sit in jail for it?  I personally think he should not, unless a pattern can be formed where he has been serially infecting large numbers of people with the same rigamarole.

Realize that at this point in time it is his word against hers.  She has hiv, He has hiv.  They slept together.  Who is to say she slept with no one else or that she may have had hiv prior to sleeping with him?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: sharkdiver on June 03, 2010, 05:02:56 pm
Kom, deliberate personal attacks are uncool.  You should be catty and use your wit to make your foes tremble at your every concealed comment.  Anyway, in any discussion there is a difference of opinion and even though you disagree with Borzel you shouldn't be so upset with his comments that you level an attack at him.

um, you are not a mod. back off
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on June 03, 2010, 05:13:15 pm
Moderators are not the only contributers who can take a thread to the meta level to discuss how the argument is going as a conversation.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on June 03, 2010, 05:14:12 pm
Moderators are not the only contributers who can take a thread to the meta level to discuss how the argument is going in the abstract.

Jesus.  ::) Tell me you don't talk like that in real life.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: mecch on June 03, 2010, 05:17:36 pm
Sadly yes but there are concomitant advantages - I just got tenure! yeah me. ;D
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on June 03, 2010, 05:21:37 pm
Sadly yes but there are concomitant advantages - I just got tenure! yeah me. ;D

No wonder you were up until 6 am last night.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: WillyWump on June 03, 2010, 07:05:40 pm
FUCK YOU!


*snicker* This is like the movie Groundhog Day. No matter how much progress I think we make, all of the sudden we are back on page 2 again.

-W
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: BT65 on June 04, 2010, 05:25:40 am
*snicker* This is like the movie Groundhog Day. No matter how much progress I think we make, all of the sudden we are back on page 2 again.

-W

Actually, Shauny (Komnaes) has made some beautiful and extremely logical points, and did it very well.  If he has to add a little emphasis, well, so be it.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: BM on June 07, 2010, 07:04:28 am


I'm sorry but I don't think you quite understand conditional probability. You are confusing ex-ante and ex-post probabilities.

Oops you're right, I have confused the numbers. Sorry for wading in!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: in this life on August 04, 2010, 12:04:58 am
Thank you for clarifying that he did not in fact mean to transmit HIV, you're absolutely right. It was reckless.

A few individuals have actually  were prosecuted for willful transmission, found while researching the topic: http://www.avert.org/criminal-transmission.htm

Dr Richard J. Schmidt, 19985,6: Richard Schmidt was a doctor from Louisiana, USA, who was accused of infecting his lover, a nurse called Janice Trahan, by injecting her with HIV infected blood. Trahan alleged that Schmidt had injected her with the blood of one of his positive patients in an act of vengeance after she tried to end their relationship. DNA samples of the virus in Trahan's blood and that of the positive patient in question were found to be very similar, but Schmidt's defence team insisted that 'very similar' was not scientifically accurate enough. HIV rapidly mutates and changes its DNA structure once it enters another person's body meaning comparisons can be difficult. However, using a new technique called ' phylogenetics' (or 'evolutionary analysis'), scientists were able to determine that Schmidt's patient was extremely likely to have been the source of the virus found in Trahan. Schmidt was found guilty and sentenced to 50 years.

Brian Stewart, December 19987: Stewart was a medical technician from Illinois who was sentenced to life in prison after deliberately injecting his son with HIV infected blood, allegedly in an effort to kill him and avoid paying child support. He was found guilty after all other suggested sources for the boy's infection were ruled out. On one occasion Stewart allegedly told the boy's mother not to bother seeking child support because the child would not live beyond the age of five. On another, he told colleagues that he had "the power to destroy the world? I would inject them with something and they would never know what hit them."


thehiv=was my best friend ,he has recently passed away
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Realist on August 04, 2010, 04:44:42 am
I'm late on this debate

Criminalisation misplaces the moral onus of self-protection and shifts the burden of preventing transmission to one person instead of recognising it as shared by two. This is a hard but necessary thing to say. HIV has been around for three decades, during which the universal public health message has been that no one is exempt from it. So the risk of getting HIV must now be seen as an inescapable fact of having unprotected sex... We cannot pretend that the risk is introduced into an otherwise safe encounter by the person who knows or should know he has HIV. The risk is part of the environment, and practical responsibility for safer sex habits rests on everyone who is able to exercise autonomy in deciding to have sex with another.

Justice Edwin Cameron, South Africa Constitutional Court, 2008.

Just about sums it up.

I also found this extremely useful:

http://www.aidsmap.com/page/1410517/ (http://www.aidsmap.com/page/1410517/)

http://www.aidsmap.com/page/1441686/ (http://www.aidsmap.com/page/1441686/)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: bryan21 on August 04, 2010, 05:02:11 am
He kinda reminds me of the guy in the wheelchair on the HBO Show, "OZ".  He's better looking though. 

lmfao he sooo does look like him!!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 04, 2010, 04:48:47 pm
I'm late on this debate

Criminalisation misplaces the moral onus of self-protection and shifts the burden of preventing transmission to one person instead of recognising it as shared by two. This is a hard but necessary thing to say. HIV has been around for three decades, during which the universal public health message has been that no one is exempt from it. So the risk of getting HIV must now be seen as an inescapable fact of having unprotected sex... We cannot pretend that the risk is introduced into an otherwise safe encounter by the person who knows or should know he has HIV. The risk is part of the environment, and practical responsibility for safer sex habits rests on everyone who is able to exercise autonomy in deciding to have sex with another.

Justice Edwin Cameron, South Africa Constitutional Court, 2008.

Just about sums it up.

I also found this extremely useful:

http://www.aidsmap.com/page/1410517/ (http://www.aidsmap.com/page/1410517/)

http://www.aidsmap.com/page/1441686/ (http://www.aidsmap.com/page/1441686/)

This quote very well exemplifies the hypocrisy of this debate - Justice Edward Cameron is gay and HAS HIV. He sounds more like a lefty activist - which is his right, but let's not pretend that this is some sort of an independent legal view of a dispassionate scholar.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: BT65 on August 04, 2010, 05:40:25 pm
Justice Edward Cameron is gay and HAS HIV. He sounds more like a lefty activist - which is his right, but let's not pretend that this is some sort of an independent legal view of a dispassionate scholar.

So, you're saying he's only espousing that extremely logical kind of thinking because he's gay and has HIV?  Does that mean what he said only means something if it comes from someone who's HIV-, and not gay?  Come on. 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 04, 2010, 05:47:20 pm
So, you're saying he's only espousing that extremely logical kind of thinking because he's gay and has HIV?  Does that mean what he said only means something if it comes from someone who's HIV-, and not gay?  Come on. 

It's extremely logical mostly to those who have HIV themselves and obviously have a fair amount of 'skin in the game'. HIV- don't find this view very logical.

My point is that you quoted him without referencing that he is an LGBT/HIV activist. Therefore his opinion on this is not one of a legal scholar but an interested party. Therefore he's more likely to espouse views beneficial to his cause.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: BT65 on August 04, 2010, 05:49:39 pm
So the risk of getting HIV must now be seen as an inescapable fact of having unprotected sex... We cannot pretend that the risk is introduced into an otherwise safe encounter by the person who knows or should know he has HIV. The risk is part of the environment, and practical responsibility for safer sex habits rests on everyone who is able to exercise autonomy in deciding to have sex with another.

First of all, I'm not the original quoter.  Secondly, what I've bolded is the honest, cold truth. 

Justice Cameron gets his point across in very well done language, whether or not he's +.  What gets you so rattled about it?  Is it because of the way you got your infection?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 04, 2010, 05:58:33 pm
First of all, I'm not the original quoter.  Secondly, what I've bolded is the honest, cold truth. 

Justice Cameron gets his point across in very well done language, whether or not he's +.  What gets you so rattled about it?  Is it because of the way you got your infection?

First of all - let's stop the 'analyze the opponent' practice often practiced on this forum. How I got my infection is irrelevant and has nothing to do with the discussion.

On the issue at hand - I've written at length as to why the judge is wrong, regardless of his language skills. It's his logic that's faulty - knowledge that one has HIV places the onus of responsibility on them. They must either disclose or insist on protection. Saying that the HIV+ and HIV- share equal responsibility because 'you never know' is just plain stupid. He's not stupid - so I think he has another agenda - namely advocating the rights of HIV+.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: BT65 on August 04, 2010, 06:03:29 pm
knowledge that one has HIV places the onus of responsibility on them.

Why? Because you didn't insist on using a condom?  Bah.  Responsibility is two-fold.  Always. 

Saying that the HIV+ and HIV- share equal responsibility because 'you never know' is just plain stupid.

No, it's not "stupid."  It's one of the most responsible, and shared consent statements I've heard.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on August 04, 2010, 06:04:29 pm
Ah, so Bozo makes yet another homophobic comment -- only a straight person is "capable of independent legal view of a dispassionate scholar".

Seriously, someone needs to put a stop to this constant barrage of veiled homophobia by this poster, but unfortunately I don't own a ban hammer.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: loop78 on August 04, 2010, 06:23:34 pm
Disregarding a well founded statement about hiv criminalization arguing its biased because of the sexual orientation or hiv status of its author seems like faulty logic to me.

Everyone has a sexual orientation and hiv status, so... go figure ;)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Joe K on August 04, 2010, 06:37:25 pm
On the issue at hand - I've written at length as to why the judge is wrong, regardless of his language skills. It's his logic that's faulty - knowledge that one has HIV places the onus of responsibility on them. They must either disclose or insist on protection. Saying that the HIV+ and HIV- share equal responsibility because 'you never know' is just plain stupid. He's not stupid - so I think he has another agenda - namely advocating the rights of HIV+.

Boze,

What exactly is wrong with you? Why do you post such hateful and homophobic comments and how can you even mention the words "logic" and "stupid" in the same paragraph? Did it ever occur to you, that there are people who are capable of being impartial and adhering to the rule of law? You are not a lawyer nor a judge and for you to suggest to understand the "logic" behind this ruling is laughable.

Personally, I would like to see you show some empathy, when someone balks at what you post. However, you seem to be incapable, or unwilling to do that and maybe some time away would help to alter your perspective. Or even teach you some manners.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: dvinemstre on August 04, 2010, 06:56:23 pm
I can't begin to tell you how many guys would be glad to have unprotected sex with me ( or others) and never discuss serostatus. IMO I assume everyone has everything and I know even the best laid plans go sideways. I was infected by a guy who didn't know he was poz and removed condoms without my knowledge. If the women he had sex with were cooerced, raped, or he lied then he should be in trouble, IMO. Otherwise, how is he 100% responsible? That's crazy! As for the drunk driver analogy- be real... If I get in a car with someone who has been drink I'm responsible for that decision. If I don't bother to ask if they've been drinking, that's on me. If I ask and they lie, that's on them. Casuistic ethics! Z
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on August 04, 2010, 07:09:52 pm
Quoting Boze 1 -

Quote
My point is that you quoted him without referencing that he is an LGBT/HIV activist. Therefore his opinion on this is not one of a legal scholar but an interested party. Therefore he's more likely to espouse views beneficial to his cause.

and then

Quote
First of all - let's stop the 'analyze the opponent' practice often practiced on this forum. How I got my infection is irrelevant and has nothing to do with the discussion.

So Analyzing the motives, history, practices and prejudices of others is either A) relevant and germane to the discussion, as it colors -even influences- the viewpoints PR B) it is irrrelevant because personal information is irrelevant because it... what, exactly? DOESN'T have anything to do with the discussion?

And let us be clear here. This is not a discussion, not from you. This is yet another in a seemingly endless attempt to begin a flamewar on these forums with not very thinly veiled homophobia and insult. Perhaps, as you stated in another thread, you do it for the lulz and like to play "Devil's Advocate."

All well and good, except that is ALL you seem to be playing, unless you count playing the forum (metaphorically). And after a while, and I do believe that it has long since exceeded that period of time, the title that suits you best is not "Devil's Advocate."

It rhymes with "roll."

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Snowangel on August 04, 2010, 10:40:23 pm
Unless the women were intellectually and/or emotionally challenged.

You do know that women are reading this right?

Before I slept with the guy that infected me I asked if he had tested for HIV and he lied.  He was and still is a master manipulator on top of being physically abusive.  When I got pregnant with my son he told me "He decided to get me pregnant and slipped off the condom." He used to threaten to tell my job and what little family I have about my status to scare me into doing whatever he wanted.  One of the times I almost got away he caught me near the door, picked me up by the hair and slammed me head first into a wall of electric meters, dragged me back to my apartment and almost choked me to death.  I guess that would make me physcially challenged too.

I have been dealing with this shit and his dumbass since 94 and I am tired of people saying that criminalization is wrong and is going to make the stigma worse. If I could have pressed charges back then, there is no doubt in my mind that there would be quite a few less intellectually and emotionally challenged women here in my state. The stigma doesn't come close to touching the fear and hurt I have to deal with knowing he could at anytime take me back to court because he happened to donate some sperm to me without my knowledge.  I survived the abuse but whose to say that my son would.  I recently found out that when his daughter was a little older than my son now, 9th grade, I think, he would touch her after she came home from school to make sure she wasn't having sex. If he happened to take it all the way and his own daughter couldn't get him to put on a condom would that make her intellectually and emotionally challenged too?

I really wished I lived in a world that without a doubt I had the option to wear a condom each and everytime I had sex.  I guess in my next life I will come back as a man.



Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on August 04, 2010, 11:02:25 pm
You do know that women are reading this right?


Yes, and kudos for taking a sentence out of context and using it to insinuate that I am a mysoginist.

I am sorry someone lied to you. Hey, someone lied to me too.  But that does no mitigate my role in my infection. I chose to let someone have sex with me, without a condom.

I am sorry you were abused. I hope you received the counseling necessary to overcome and break that cycle. But I restate my point. As the victim of an abusive relationship, you were, by definition, emotionally challenged. To think otherwise would be to place the horrors visited upon you and your family as psychologically "normal." They were and are not. And as dreadful a man as your abuser was, you were his victim only until the instant you realized what he was doing. Past that, you were a participant.

I know because I have been there too.

If you want to maintain victim status, that is totally your call. But to consent to have unprotected sex is, and I quote one of the more fabulous WOMEN in this forum, to consent to the possibility of acquiring an STD, including HIV.

That "You realize women read this" comment I found offensive. I respect women too much to assign them any status less than my own. And in more ways than I can articulate, I found your comment perpetuating the stigma we try so hard to overcome. I truly wish you better emotional health, and continued physical health as you care for your child.

But I stand firmly behind my words.



Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Snowangel on August 04, 2010, 11:24:43 pm
How can you insinuate I need better emotional health and physical health?

Really? I find that offensive.

My point is that being infected is not always black and white. If, like you say, I was emotionally challenged because I was in abusive relationship, how did I have the option of choosing to have un-protected sex?

I was a victim only until I realized what he was doing, then I was a participant? Am I reading this right? Next time I'll try to "participate" with someone that doesn't outweigh me by a 100 lbs and have 6 inches on me.

You were where too? Then you know trying to get away from your abuser often results in either more abuse or murder.

How did calling you out on your women comment perpetuate the stigma?

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Rev. Moon on August 04, 2010, 11:33:51 pm
This quote very well exemplifies the hypocrisy of this debate - Justice Edward Cameron is gay and HAS HIV. He sounds more like a lefty activist - which is his right, but let's not pretend that this is some sort of an independent legal view of a dispassionate scholar.


On the issue at hand - I've written at length as to why the judge is wrong, regardless of his language skills. It's his logic that's faulty - knowledge that one has HIV places the onus of responsibility on them. They must either disclose or insist on protection. Saying that the HIV+ and HIV- share equal responsibility because 'you never know' is just plain stupid. He's not stupid - so I think he has another agenda - namely advocating the rights of HIV+.


Bozus Maximus,

With all the respect that is "due" to you, I find your thinly veiled homophobic rhetoric to be quite tiresome and offensive.  I don't care whether you want to "play devil's advocate" or engage others in "healthy" debate, you need to have some consideration for the other members of this forum.  I can't believe that you get away with saying garbage like this.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on August 04, 2010, 11:51:16 pm
How can you insinuate I need better emotional health and physical health?

Really? I find that offensive.

My point is that being infected is not always black and white. If, like you say, I was emotionally challenged because I was in abusive relationship, how did I have the option of choosing to have unprotected sex?

I was a victim only until I realized what he was doing, then I was a participant? Am I reading this right? Next time I'll try to "participate" with someone that doesn't outweigh me by a 100 lbs and have 6 inches on me.

You were where too? Then you know trying to get away from your abuser often results in either more abuse or murder.

How did calling you out on your women comment perpetuate the stigma?



I do not know where to start, so I will do a bullet point thing. If I miss anything, I trust you will let me know.

I have posted here for over seven years. No one before you has "called me out" on women's issues. And trust me, I have stated my case consistently throughout my tenure.

I do not insinuate that you need anything. I wished better health for you as I do EVERYONE here, because no matter how well controlled our disease is, it could always be better. As for your emotional health, I would not dare to presume that you have issues.... except that we ALL do. If you have overcome all of yours, then your participation here, especially in this thread in such an accusatory way, presents a bit of an enigma. I wish everyone better health, emotionally and physically.

And I know precisely what getting away from one's abuser entails. I will not belabor you with my stories. I got out alive, if not unscathed, and the attacker (and seriously, at that point, it is rape) walked.

How do you defend against someone who outweighs you and is meaner than you can ever conceive? You fucking try your best to kill him, or barring that, call the cops and report the rape. because at that point, you have not been having consensual sex. You have been raped.

Which is why I use the caveat "people who CONSENT to unprotected sex also consent to the possibility of an STD, including HIV." You were no more consenting at that moment than a woman pinned underneath an attacker in a parking lot.

If you find it offensive that I wish you better health, then put me on ignore, because I am not going to stop doing that. We are all of us, to a person, damaged in some way or another. Fuck, just living on the planet long enough will do that, let alone getting into an abusive relationship, acquiring this awful disease, and losing multitudes of people who deserve to be walking this earth.

But go ahead, if it makes you feel better to vilify my words. You cannot make the substantial claim that I am a misogynist, because I quite simply am not. As a matter of fact, I find that insinuation offensive.


Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 05, 2010, 01:29:40 am
You do know that women are reading this right?

Before I slept with the guy that infected me I asked if he had tested for HIV and he lied.  He was and still is a master manipulator on top of being physically abusive.  When I got pregnant with my son he told me "He decided to get me pregnant and slipped off the condom." He used to threaten to tell my job and what little family I have about my status to scare me into doing whatever he wanted.  One of the times I almost got away he caught me near the door, picked me up by the hair and slammed me head first into a wall of electric meters, dragged me back to my apartment and almost choked me to death.  I guess that would make me physcially challenged too.

I have been dealing with this shit and his dumbass since 94 and I am tired of people saying that criminalization is wrong and is going to make the stigma worse. If I could have pressed charges back then, there is no doubt in my mind that there would be quite a few less intellectually and emotionally challenged women here in my state. The stigma doesn't come close to touching the fear and hurt I have to deal with knowing he could at anytime take me back to court because he happened to donate some sperm to me without my knowledge.  I survived the abuse but whose to say that my son would.  I recently found out that when his daughter was a little older than my son now, 9th grade, I think, he would touch her after she came home from school to make sure she wasn't having sex. If he happened to take it all the way and his own daughter couldn't get him to put on a condom would that make her intellectually and emotionally challenged too?

I really wished I lived in a world that without a doubt I had the option to wear a condom each and everytime I had sex.  I guess in my next life I will come back as a man.


Firstly, you took JK out of context. Quote mining is bad form. Except when I do it. Then it's perfectly ok.

Secondly, I don't accept that women are passive creatures unable to take responsibility for their own sexualilty and I'm a little surprised that you do accept that.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: BT65 on August 05, 2010, 04:05:16 am
You do know that women are reading this right?

Snow, sorry I'm not getting to this until this morning.  With all due respect, I believe you misunderstood Jkintal2.  Usually, when talking about responsibility, a statement could be made like, "Women are responsible also," without putting the ad-on "unless they were raped, or held without their consent."  This is just kind of, well, understood.

I was in a very abusive relationship with my first husband, who I was with from the time I was 16, until I was 24 (except for the stint in the strip club).  Even though he had abused me time and again, I always "took him back," *(for lack of better words), believing he would change.  It was my own fault for taking him back, and I'm not saying that lightly.  I knew what his character was, and what circumstance aggravated it, but I had magical thinking I guess.  That does not excuse me from my responsibility in the ongoing abuse.

Also, I knew he was messing around, and had probably got into IV drug use when he went to Florida, but I didn't ever insist on a condom.  I'm sorry that you seemed to have been tricked by the guy you were with.  What I'm saying is that yes, women need to insist on their partner using a condom (condom, as long as the partner is male), unless both parties have been tested for all STD's, and maintain a monogamous relationship.  Unless, of course, the woman isn't worried about her physical well-being.  Again, I'm not iimplying that was the case in your situation.  But, do you see my point?  If I go to a bar, or even meet someone through a friend, decide to have unprotected sex with the person, then I, like the other person, only have myself to blame if I get an STD. 

That's my responsibility, and involvement in my healthcare.  I believe that was more JK's point, not to say that women who are severely abused are responsible for the abuse, or the result of the abuse.


Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 05, 2010, 05:01:22 am
Agreed, but there are still some exceptions to this.  I was in what I believed to be a monogomous relationship and we were both tested prior to un-protected sex - he told me his test had come back negative.  I later realised this was a lie when 4 weeks later I seroconverted.  I took all necessary precautions to stay safe but was lied to. 

It comes to something when you can't even believe what your partner tells you about an hiv test doesn't it? 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 05, 2010, 08:56:38 am
Agreed, but there are still some exceptions to this.  I was in what I believed to be a monogomous relationship and we were both tested prior to un-protected sex - he told me his test had come back negative.  I later realised this was a lie when 4 weeks later I seroconverted.  I took all necessary precautions to stay safe but was lied to. 

It comes to something when you can't even believe what your partner tells you about an hiv test doesn't it? 

This may come off harsh but it isn't meant to be, so I'm going to apologize ahead of time (I'm sorry!).

The fact that you trusted someone else, even in the confines of a supposedly monogamous relationship, means that you allowed them to take your life in their hands.  Any time you have sex with someone without a condom you take a risk of contracting some form of STI and in your case it was unfortunately HIV.  Ultimately the responsibility lies with you for trusting him.  He was not right to lie to you nor was he in the right when he cheated on you, but at the end of the day you trusted him and seroconverted as a result of it.  This means the responsibility lies with you.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on August 05, 2010, 09:21:43 am
Agreed, but there are still some exceptions to this.  I was in what I believed to be a monogomous relationship and we were both tested prior to un-protected sex - he told me his test had come back negative.  I later realised this was a lie when 4 weeks later I seroconverted.  I took all necessary precautions to stay safe but was lied to. 

It comes to something when you can't even believe what your partner tells you about an hiv test doesn't it? 

No, it just means that if you're really serious about the issue you don't take someone's word -- you insist on seeing the test result on a piece of paper.  And as far as believing in monogamy in the first place, we all know how that one often goes.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Rev. Moon on August 05, 2010, 09:26:39 am
he told me his test had come back negative.  

Princess, not to add more to this debate, but he "told" you?  That should never be enough.  Even having papers in hand that show a negative result (one time a queen tried to fool me with a test paper that was like 8 months old) should not exempt people from responsibility (window period and all that schtuff).  The world has a significant percentage of liars and people who don't truly know their status.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on August 05, 2010, 10:28:56 am
Snow didn't just take him at his word, it would seem she still insisted on condoms, but he took it off - without her knowing - to get her pregnant. How is this her fault?

When I got pregnant with my son he told me "He decided to get me pregnant and slipped off the condom."

Ann
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on August 05, 2010, 10:36:53 am
I've never understood how someone can't tell when a condom is taken off during sex.  What am I missing?  Maybe it's because I like the lights on.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 05, 2010, 10:37:43 am
Taboo didn't just take him at his word, it would seem she still insisted on condoms, but he took it off - without her knowing - to get her pregnant. How is this her fault?

Ann

That was snowangel you quoted
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on August 05, 2010, 10:42:55 am
Taboo didn't just take him at his word, it would seem she still insisted on condoms, but he took it off - without her knowing - to get her pregnant. How is this her fault?

Ann

I agree...

And to be honest, regarding Snow, I would never be able to tell a person who was in an abusive relationship they were responsible for their infection as well.  There is a lot of grey area in the "black and white" issue so easily accepted by most of us, especially for those who were abused.

Just my opinion.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on August 05, 2010, 10:48:14 am
That was snowangel you quoted

I meant to say Snow.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: MarcoPoz on August 05, 2010, 10:56:45 am
I seldom use words like 'fault' or 'responsibility' when discussing others actions concerning HIV transmission.  To me, I'm not sure these words help or are even appropriate given the myriad of circumstances surrounding sexual/sensual relationships and syringe sharing relationships.  Just not MY call to make for others, I think.

I do however think for myself as an HIV positive person that not only should I tell my sex or syringe sharing partners that I have HIV, I know I CAN tell them.

No, I wasn't told of my partner's HIV status when she transmitted HIV to me.  I also never discussed STDs with her. I never thought in terms of 'fault'.  I've heard other people discuss the assignment of blame, fault and responsibility in my case, but I never saw any of it as helpful once I became positive.

For me--I tell and I ask other people about their HIV and STD status.  Not saying I'm right or wrong here---just my take on things.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on August 05, 2010, 11:13:39 am
This quote very well exemplifies the hypocrisy of this debate - Justice Edward Cameron is gay and HAS HIV. He sounds more like a lefty activist - which is his right, but let's not pretend that this is some sort of an independent legal view of a dispassionate scholar.

It's on the one hand amusing that you could fit in so many misguided prejudices into this short paragraph, on the other it's just sad you'd achieve that while being HIV+ yourself.

(edited for typos)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: jkinatl2 on August 05, 2010, 01:02:12 pm
Snow didn't just take him at his word, it would seem she still insisted on condoms, but he took it off - without her knowing - to get her pregnant. How is this her fault?

Ann

One time, and you are a victim. Unless this was the one and only time without a condom, my statement stands. And if it WAS the one time, and a child was conceived along with an HIV infection, then it is amazingly bad luck, AND rape. Again, that is not consent.

Sorry, I take it to heart when people accuse me of misogyny.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 05, 2010, 01:56:09 pm
This may come off harsh but it isn't meant to be, so I'm going to apologize ahead of time (I'm sorry!).

The fact that you trusted someone else, even in the confines of a supposedly monogamous relationship, means that you allowed them to take your life in their hands.  Any time you have sex with someone without a condom you take a risk of contracting some form of STI and in your case it was unfortunately HIV.  Ultimately the responsibility lies with you for trusting him.  He was not right to lie to you nor was he in the right when he cheated on you, but at the end of the day you trusted him and seroconverted as a result of it.  This means the responsibility lies with you.

No need to apologise.  He didn't cheat on me - what I meant was that he had been positive for years.  It's right though I should have asked to see the results and to some extent it's the fault of the government for not highlighting this issue more because it's just not in the public eye enough.....  I thought the worse case would be chlymadia or something.  Nieve I know but I never even knew anyone with hiv before. 

Either way my guy commited a crime, be it reckeless transmission or otherwise and I don't think it's necessarily right to think that the 'victim' could have prevented this.  I was in love, I trusted, I believed....ultimately I was stupid.  More people need to know that despite making all efforts this can still happen.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 05, 2010, 02:05:30 pm
Naive I know but I never even knew anyone with hiv before. 

We can commiserate on this one.  I too felt insulated from HIV because of where I lived.  No one I personally knew had hiv (or had said as much to me).  Another piece of the puzzle that led to my infection was ignorance about the disease and what I thought someone who had it might look like.  Most likely I was infected by someone who didn't know they had it however.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Realist on August 05, 2010, 02:13:02 pm
but let's not pretend that this is some sort of an independent legal view of a dispassionate scholar.

Nobody said it did, my inference was it summed up my own position and view. The words were more eloquent than my own but the sentiment was the same. Like any good researcher, Boze (you being the expert), I simply quoted my source. I do not hold this man's opinion (who I had never heard of before) in any higher regard than anyone else's; it simply supports my own view. (But obviously as we now know from you, as a gay HIV+ male I am not entitled to this view).

You make reference to the original quote as only being in place to further the individual's "cause" who made it. The view expressed in the quote matches my own and I, certainly, am not here to further a "cause". An individual does not have to hold an opinion simply to further a "cause". My own opinions on HIV and on all other matters discussed in these forums are not formed to further my "cause", they are formed because I choose to come here and elsewhere to discuss, listen and learn. I am not here to espouse every right and virtue of the HIV+ community.

You will also note that I provided links to further reading and ethical debate. I, like any good researcher, can present and criticise both sides of the argument. It appears you cannot (despite your desire to be the forum's research methods and statistical expert). It is disappointing that in a forum and community of free and independent opinion making there are always a small number who seek to damage that. I do not have a problem with differences of opinion but I do have a problem with people who simply cannot accept that differences exist and are unable to rationalise that concept.

The ethics of responsibility is an argument that will always divide thought and opinion in all manner of applications, not just in the context of this thread.

You purport that HIV- individuals simply do not accept the ethical view of individual responsibility. Please don't forget that we were all HIV- before we were HIV+, and if your statement were correct surely we would all be prosecuting those who may have transmitted the virus to us and that the vast majority of us who are now HIV+ would accept no responsibility for ourselves. Yet the majority of HIV- people who become HIV+ do not prosecute and certainly, in a large number of cases, do accept responsibility for themselves - as I do in this and all other situations.

And by the way, Boze, saying that someone who is HIV+ and gay is a hypocrite for stating an opinion that does not match your own when discussing issues which are borne from HIV is deeply saddening. In this you not only question the integrity of individuals but of any gay and HIV+ individual who has chosen to provide opinion in any part of this forum on any matter.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 05, 2010, 04:30:59 pm
Nobody said it did, my inference was it summed up my own position and view. The words were more eloquent than my own but the sentiment was the same. Like any good researcher, Boze (you being the expert), I simply quoted my source. I do not hold this man's opinion (who I had never heard of before) in any higher regard than anyone else's; it simply supports my own view. (But obviously as we now know from you, as a gay HIV+ male I am not entitled to this view).


Fair enough. I surmised from your referencing the quote as coming from a SC Judge that he presented this view as part of a legal ruling on the matter. At least that's what I think it would appear to any neutral party. Upon further research I found that he is also an HIV+ LGBT activist - which certainly doesn't invalidate his view but also doesn't paint it in the light I took your quote to be.




You make reference to the original quote as only being in place to further the individual's "cause" who made it. The view expressed in the quote matches my own and I, certainly, am not here to further a "cause". An individual does not have to hold an opinion simply to further a "cause". My own opinions on HIV and on all other matters discussed in these forums are not formed to further my "cause", they are formed because I choose to come here and elsewhere to discuss, listen and learn. I am not here to espouse every right and virtue of the HIV+ community.



Yes, I fully accept it. You found a quote that matched your view of the matter - which you are fully entitled to present and hold.


You will also note that I provided links to further reading and ethical debate. I, like any good researcher, can present and criticise both sides of the argument. It appears you cannot (despite your desire to be the forum's research methods and statistical expert). It is disappointing that in a forum and community of free and independent opinion making there are always a small number who seek to damage that. I do not have a problem with differences of opinion but I do have a problem with people who simply cannot accept that differences exist and are unable to rationalise that concept.


What do I damage? I criticise the view that I find to be a) wrong b) self-serving.


The ethics of responsibility is an argument that will always divide thought and opinion in all manner of applications, not just in the context of this thread.

You purport that HIV- individuals simply do not accept the ethical view of individual responsibility. Please don't forget that we were all HIV- before we were HIV+, and if your statement were correct surely we would all be prosecuting those who may have transmitted the virus to us and that the vast majority of us who are now HIV+ would accept no responsibility for ourselves. Yet the majority of HIV- people who become HIV+ do not prosecute and certainly, in a large number of cases, do accept responsibility for themselves - as I do in this and all other situations.


When talking about criminal responsibility I refer to a very small percentage of encounters - when an HIV+ person has unprotected sex with another without informing them of his status or using any protection (haart/condoms).
If that were to occur, I think that the 'victim' should have a form of redress. Whether they choose to seek it is up to them.


And by the way, Boze, saying that someone who is HIV+ and gay is a hypocrite for stating an opinion that does not match your own when discussing issues which are borne from HIV is deeply saddening. In this you not only question the integrity of individuals but of any gay and HIV+ individual who has chosen to provide opinion in any part of this forum on any matter.

No, that's not what I meant. First of all, being gay is not very relevant. I mentioned the Judge being an LGBT activist to highlight that his statement has to be read in that context. But being HIV+ certainly colors one's perception. It's not really hypocritical, that was a wrong word choice on my part. It's rather self-serving. And I do also think that a lot of the people here who think that hiding HIV status & passing it to HIV- people are also self-serving. Reason is very simple - because we (and I am one of club obviously) stand to be liable if this were to occur. HIV- people simply don't have to worry about that. They have to worry about getting HIV but not going to jail for passing it since they don't actually have it.

It's like rich people care about lower taxes. Why - because they actually PAY high taxes (those they can't bypass0. So while they may talk about various lofty philosophical issues, the heart of the matter comes down to the fact that by lowering taxes they benefit THEMSELVES. By the same token, HIV+ are just as interested in making sure transmission is not criminalized - since our skin is in the game.

Lastly - to all the nice folks who accused me of homophobia - puh-lease. All I do is state facts. If you find them offensive - you can call me a homophobe but it won't change the reality. I find it very popular in America today - labeling the ideological opponent a racist or homophobe or antisemite just because they hold a view that's different to one's own.  To me it's a sign of a weak argument - when you can't argue with a position, label the person a 'hater'.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Snowangel on August 05, 2010, 04:37:31 pm
I didn't know anyone who was infected either but I had gotten tested before.

To me there has to be some kind of accountablity if you know your status and do not disclose.  Shoot if he had lied and said no, I haven't tested, then I could of made a more informed decision.  Blatantly telling someone that they are not positive when they are,and having un-protected sex with them, should have some sort of recourse.  People counterfeit money and prescriptions and whatever else they want to counterfeit, they could certainly do a test result.


I was already infected when he slipped off the condom and got me pregnant.  

Philly- Apparently he is pretty adept at it, he did the same thing to the mother of his daughter.  He never told her of his status either, even after she found his pills(they weren't in the bottles).  When he finally told her, he lied yet again and told her he had found out when I was pregnant with my son.

Abuse is hard enough to get away from by itself. When the person uses your status to control and abuse you even more is not right, no matter which way you spin it.










Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Joe K on August 05, 2010, 04:57:42 pm
Boze,

I was going to include quotes, but why bother, because the argument here is very simple. Consensual sex, between two adults, absent violence, rape or abuse, requires that both parties negotiate what risks are acceptable to them. This places responsibility on both parties, exactly where it belongs. To suggest that one party, has more of a duty to insist on using protection is both unfair and impractical. I believe the goal of preventing infections, has to do with empowering people so they know their status and great treatment and services for those who are impacted by rape, violence or abuse.

This does not mean that those people who intentionally infect others, should not be prosecuted, however, there are plenty of laws on the books to cover such crimes. By criminalizing a basic human need, you do nothing to protect anyone. Laws cannot stop people from lying and cheating and humans are, by our very nature, human and prone to mistakes. This idea of legislating our way to a healthy society is very disheartening to me. It absolves people of their given right to protect themselves and that absent extenuating circumstances, we are each responsible for what we do with our body.

Being a survivor of domestic violence, I both empathize and understand the cycle of violence. I remember clearly my years of abuse and I am sure that I did things, during that time, that I would not approve of today. But to me, the mere presence of violence, in any form, removes any responsibility for infection, from the victim. Even the law recognizes the concept of being unduly influenced by someone, and it is called duress. I can only speak for myself, but duress is a mild term to describe what most people suffer from abuse. If you have never experienced it, please understand that it is an experience, that is very hard to put into words.

I would also ask that you have some consideration for the members of this forum. If someone calls you a homophobe, it is because they are offended by what you said. Some of your comments have been incredibly insensitive, but what I find most disappointing, is that even when you are told that you have been insensitive, you play the victim. If you wish to engage in adult conversations, then please conduct yourself accordingly. That includes being sensitive to issues that are very dear to members here, or at the very least, displaying mutual respect for all posters.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 05, 2010, 05:16:04 pm

This does not mean that those people who intentionally infect others, should not be prosecuted, however, there are plenty of laws on the books to cover such crimes.


So then we are in agreement. I am not saying that there should be a specific law for 'sex while HIV+' - rather a form of redress if a person intentionally* infects another. For example UK has a more a broad legal stature that applies in this case.

* Here we have to define what intentionally means. To my mind someone who knows they have HIV, is not medicated (ie a sizeable VL) and has unprotected sex that results in transmission has, for all intents and purposes, done so intentionally. Ie he has omitted a number of steps that might indicate his intention to NOT transmit.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Realist on August 05, 2010, 05:51:27 pm
I criticise the view that I find to be a) wrong b) self-serving.

I appreciate your criticism of my views, however, I think the reality of the situation is that you cannot deem my simply stated view to be self-serving (or anyone else's for that matter) if you don't know a) how I have come to form that opinion or b) what social factors I have interpreted in order to form that opinion.

You cannot suggest that my views on the ethical position of self-responsibility are self-serving simply because I am HIV+. My view has not been shaped by HIV in isolation, and certainly for me, it has not changed since the time when I was HIV-.

I may be HIV+ but I might be celibate - is my view still self-serving?. I may be HIV+ but I might be physically disabled and unable to have intercourse - is my view still self-serving? You do not know either of these two things i.e. you know nothing about the way in which I have interpreted my position in the world and how this may or may not have shaped my opinion, you have decided however, that the only factor that I can have used to form this opinion is my HIV+ status. To suggest that simply because I am HIV+ that my stated views in their basic form are self-serving demonstrates a level of naivety which does not accept the contextual nature of the way in which opinions are formed.

There are better examples in anthropology and social history which can further demonstrate this. Take suffrage as a particular example. When women's suffrage moved forward in the UK between in the late 19th and early 20th century, there are contemporaneous examples of men actively supporting the movement. On the basis of a basic juxtaposition of gender identities and social gender roles at the time, the naive assumption to make is that the views of the majority of these men are not self-serving as they are male and the context is women's rights. The naive view is that man supports woman and woman is the beneficiary to the outcome therefore man is not looking to benefit himself.

However, interpret these circumstances in the social world in which they existed. One of the biggest beneficiaries of women being granted the vote in the Representation of the People Act of 1918 were men - men who had supported the suffrage movement as they knew it held wider connotations for electoral reform and thereby strengthened their own, male, position. Examples of this being redistribution of parliamentary seats to industrial areas, increased enfranchisement of men vs. women i.e. males were able to further aggrandise themselves through support of electoral reform which was only made possible in part through support of the suffrage movement to force the hand of change.

Now take a male view of the time holding this knowledge and the nature in which the view of some male suffragette supporters of the time was formed - is their view still not self-serving?

One cannot EVER truly know that an opinion is self-serving or not if it is viewed in singular isolation.

So in simple conclusion, you cannot state that my views on the criminalisation of HIV are self-serving if you isolate them only in the context of my current HIV status.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: newt on August 05, 2010, 08:36:59 pm
Quote
To my mind someone who knows they have HIV, is not medicated (ie a sizeable VL) and has unprotected sex that results in transmission has, for all intents and purposes, done so intentionally. Ie he has omitted a number of steps that might indicate his intention to NOT transmit.

Boze, before you discuss intention further you might like to review and digest this page:

http://en.wikipedia.org/wiki/Mens_rea

- matt
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on August 05, 2010, 08:56:13 pm
MENZRAY u say?

http://www.youtube.com/watch?v=acUFdP7N1vw
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 05, 2010, 09:01:11 pm
MENZRAY u say?

http://www.youtube.com/watch?v=acUFdP7N1vw

I read it as "Mens' Rears" but I have a guilty mind when it comes to this sort of thing.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: bocker3 on August 05, 2010, 11:01:34 pm
Why argue with Boze -- his mind is made up.  He clearly is more intelligent and knowing than anyone else.  Quite frankly I think he's getting off on offending others.  When people call him on it, he claims victimhood -- to much political correctness, you see.  It's not about anyone else -- it's simply him striking out because of all the wrong done to him.  I say -- stop feeding him.

Mike
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 06, 2010, 07:15:29 am
Boze, before you discuss intention further you might like to review and digest this page:

http://en.wikipedia.org/wiki/Mens_rea

- matt


Matt, thank you for the link. You are right - according to law someone who just wants to have sex may not necessarily intend to transmit. However another aspect applies - endangering the life of another that results in transmission. Ie i see the analogy to homicide - if a person kills another (without actually intending to kill him but as result of actions that he knew might result in death) - he is liable for homicide.
In this paragraph we can replace words 'death' and 'transmission' to arrive at what I find logical.

Specifically,

"Modern Law approaches the analysis somewhat differently. Homicide is a "results" crime in that it forbids any "intentional" or "knowing" conduct that results in the death of another human being. "Intentional" in this sense means the actor possessed a "purpose" or "desire" that his or her objective (i.e. death of another human being) be achieved. "Knowing" means that the actor was aware or practically certain that the death would result. Thus, the actus reus and mens rea of homicide in a modern criminal statute can be considered as follows:
actus reus: Any conduct resulting in the death of another individual.
mens rea: The conduct resulting in the death was done intentionally or knowingly."

Why argue with Boze -- his mind is made up.  He clearly is more intelligent and knowing than anyone else.  Quite frankly I think he's getting off on offending others.  When people call him on it, he claims victimhood -- to much political correctness, you see.  It's not about anyone else -- it's simply him striking out because of all the wrong done to him.  I say -- stop feeding him.

This is an ethical question - so I don't claim that I possess 'the truth'. I just don't mind expressing my view, partly because I want to and partly because I think a lot of people agree with me but don't want to argue with majority.
On the question of offendedness - I want to separate the 'I find your view offensive' and 'you hate my kind'. If I happen to say something that is true but unpleasant to hear for some people - that's tough luck. But I don't think it's fair to label me a 'X-hater' for that.

Realist - I did not mean to say that YOUR particular view on the subject is self-serving, I apologize if you took my comment in that light. I meant it more as a general comment on the attitude of the OVERALL HIV+ community members who think that there should be no criminal redress for knowing spread of HIV.

The issue here is slightly different that enfranchisement you brought up. When women were asking to vote the situation was not zero-sum. The votes were not going to be taken away from men. In the current situation I believe that justice is sort of zero-sum. The 'victim' (I put it in quotes because some people disagree with such designation) either has a legal claim to his/her transmitter or does not. I happen to believe that she should - ie I see her right to justice as paramount. If one believes that there shoul be NO way to address this - then the right of the transmitter is seen as more important.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: loop78 on August 06, 2010, 07:53:46 am
Matt, thank you for the link. You are right - according to law someone who just wants to have sex may not necessarily intend to transmit. However another aspect applies - endangering the life of another that results in transmission. Ie i see the analogy to homicide - if a person kills another (without actually intending to kill him but as result of actions that he knew might result in death) - he is liable for homicide.
In this paragraph we can replace words 'death' and 'transmission' to arrive at what I find logical.

The analogy however ends there: an homicide does not require per se any cooperation of the victim, while the only kind of sex that may result in transmission and does not require the cooperation of both (or more!) people is rape.

And you must remember, that those who consent to unprotected sex also know that it may result in acquiring an STD.

Variations of consensual sex transmission are endless, of course, but I don't think even the most grievous ones can be rightfully compared to homicide.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Realist on August 06, 2010, 08:02:58 am
Realist - I did not mean to say that YOUR particular view on the subject is self-serving, I apologize if you took my comment in that light. I meant it more as a general comment on the attitude of the OVERALL HIV+ community members who think that there should be no criminal redress for knowing spread of HIV.

The issue here is slightly different that enfranchisement you brought up. When women were asking to vote the situation was not zero-sum. The votes were not going to be taken away from men. In the current situation I believe that justice is sort of zero-sum. The 'victim' (I put it in quotes because some people disagree with such designation) either has a legal claim to his/her transmitter or does not. I happen to believe that she should - ie I see her right to justice as paramount. If one believes that there shoul be NO way to address this - then the right of the transmitter is seen as more important.

Boze, that's because you simply do not understand the exchange, you are so focused on the defence of your position that you can't engage at the level the exchange is being pitched at. In our exchange I have neither sought to justify my own views nor question your own. Reading back will show you this.

What I have done is address your assumptions and generalisations, address your unjustified comments about people's alternate opinions to your own (specifically that they must be self-serving) and address the way you conduct the debate (which is what gets people's backs up).

I did not apply the enfranchisement example to the transmission of HIV (please read my last post again) so you can spout bollocks about victims and zero-sum situations all you like. The enfranchisement example was used to demonstrate your naivety when making assumptions about an individuals opinion to be self-serving. It was not applied to the situation of criminal or non-criminal transmission of HIV.

You need to step back and come up a level and look at the exchange for what it is. I am questioning your too rapid tendency to making sweeping assumptions and generalisations about other people's opinions not the ethical position you have adopted.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 06, 2010, 08:44:26 am
Let's also point out that HIV isn't killing anyone.  The virus itself is never the direct cause of death, unlike say Influenza or Tuberculosis, which are much more easily spread and without the willing participation of the "victim".  Boze you're just wrong again, but I'm sure you'll think that my opinion is biased toward hiv+ folks.

Should people with hiv disclose before sex and use protection? Yes.
Do they always? No
Does this sometimes lead to transmission? Yes
Should this be a criminal offense? No

The more interesting part of this conversation is that you yourself are having unprotected sex while holding up the Swiss Study as your sword and shield.  If you accidentally infected someone would you feel criminally negligent?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 06, 2010, 09:11:48 am
Let's also point out that HIV isn't killing anyone.  The virus itself is never the direct cause of death, unlike say Influenza or Tuberculosis, which are much more easily spread and without the willing participation of the "victim".  Boze you're just wrong again, but I'm sure you'll think that my opinion is biased toward hiv+ folks.

This "HIV never killed anyone" crud is so disingenuous.

Sure kidney failure killed Kate, but it couldn't have happened if she wasn't HIV positive.

Valley fever wouldn't have taken Daddy Tim if his immune system hadn't been fucked to death by HIV.

Christine's life was cut short because she had HIV infection.

I could go on but I won't belabour the point except to say that the thing what brings us together is the thing what kills us.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 06, 2010, 09:26:30 am
This "HIV never killed anyone" crud is so disingenuous.

Sure kidney failure killed Kate, but it couldn't have happened if she wasn't HIV positive.

Valley fever wouldn't have taken Daddy Tim if his immune system hadn't been fucked to death by HIV.

Christine's life was cut short because she had HIV infection.

I could go on but I won't belabour the point except to say that the thing what brings us together is the thing what kills us.

MtD

It was really just to get to the next point which is the timeline for HIV, considering the new drugs, is lengthy in comparison to the other two mentioned.  There are no laws on the books for the prosecution of manslaughter via influenza however.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 06, 2010, 09:30:42 am
It was really just to get to the next point which is the timeline for HIV, considering the new drugs, is lengthy in comparison to the other two mentioned.  There are no laws on the books for the prosecution of manslaughter via influenza however.

Well whatever. HIV is killing the people I love most. Right now and I hate it.

Just sayin'.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: ds4146 on August 06, 2010, 10:17:57 am
Let's also point out that HIV isn't killing anyone.

That takes the cake! Wow. Stupid!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 06, 2010, 10:24:43 am
That takes the cake! Wow. Stupid!

^ we've argued the semantics of the point before, there's no reason to stir the pot again.  The intent of my post was to point out to Boze that the criminalization of one virus over all others is not a good idea.  If you read the series of posts for context you would see that.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Jeff G on August 06, 2010, 10:27:57 am
That takes the cake! Wow. Stupid!

Heckraiser is far from stupid ... if a bad analogy makes one stupid we are all guilty sometime  ;D
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 06, 2010, 10:29:52 am
Heckraiser is far from stupid ... if a bad analogy makes one stupid we are all guilty sometime  ;D

Far from stupid isn't a long walk from dumb pretty.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on August 06, 2010, 10:38:03 am
^ we've argued the semantics of the point before, there's no reason to stir the pot again.  The intent of my post was to point out to Boze that the criminalization of one virus over all others is not a good idea.  If you read the series of posts for context you would see that.
Lastly - to all the nice folks who accused me of homophobia - puh-lease. All I do is state facts. If you find them offensive - you can call me a homophobe but it won't change the reality. I find it very popular in America today - labeling the ideological opponent a racist or homophobe or antisemite just because they hold a view that's different to one's own.  To me it's a sign of a weak argument - when you can't argue with a position, label the person a 'hater'.

THE BOZE
(http://i892.photobucket.com/albums/ac127/skeebo1969/959135.jpg)

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 06, 2010, 11:37:40 am
The analogy however ends there: an homicide does not require per se any cooperation of the victim, while the only kind of sex that may result in transmission and does not require the cooperation of both (or more!) people is rape.

And you must remember, that those who consent to unprotected sex also know that it may result in acquiring an STD.

Variations of consensual sex transmission are endless, of course, but I don't think even the most grievous ones can be rightfully compared to homicide.

I only used the quote about homicide to illustrate how the law considers intent. I didn't mean to imply that the two are equivalent. However - you brought up a good point about consensual act.

Ok - What is rape? Rape is sex without consent. To me someone who is HIV+ and doesn't disclose (or likely activel lies about it) it is engaging in a form of rape - since the victim has not given consent to the aforementioned act. Hence I don't consider the act to be a form of consentual act between two adults. Just like a woman can claim rape if she was given date drugs.

Why do I think HIV is different from chlamydia - because of the severity of the disease.

I feel like some Alice in Wonderland - having to explain the most basic things to people who live in an alternate universe. Believe you me - most of the population at large completely agrees with me - sorry for being the messenger.

Realist - you used up your whole reply to call me an idiot in five different ways. It was duly noted, but I don't see a point in replying line-by-line.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 06, 2010, 11:43:23 am
THE BOZE
(http://i892.photobucket.com/albums/ac127/skeebo1969/959135.jpg)



http://www.guardian.co.uk/world/2010/jul/21/arab-guilty-rape-consensual-sex-jew
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Rev. Moon on August 06, 2010, 11:44:07 am

Ok - What is rape? Rape is sex without consent. To me someone who is HIV+ and doesn't disclose (or likely activel lies about it) it is engaging in a form of rape - since the victim has not given consent to the aforementioned act. Hence I don't consider the act to be a form of consentual act between two adults. Just like a woman can claim rape if she was given date drugs.

The absurdity (and the disrespect toward those who have been sexually abused) of your line of "thinking" is amazing.

Believe you me - most of the population at large completely agrees with me - sorry for being the messenger.

Go ahead and keep saying that to yourself; some day you may even believe it.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Realist on August 06, 2010, 11:48:10 am
Realist - you used up your whole reply to call me an idiot in five different ways. It was duly noted, but I don't see a point in replying line-by-line.

No I didn't, all I can suggest is that you read the posts again.

Calling you an idiot would be over emotive in the context of this discussion, my responses to your criticism of my posts and my views (self-serving or otherwise) have not been emotive.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on August 06, 2010, 12:03:34 pm

Ok - What is rape? Rape is sex without consent. To me someone who is HIV+ and doesn't disclose (or likely activel lies about it) it is engaging in a form of rape - since the victim has not given consent to the aforementioned act. Hence I don't consider the act to be a form of consentual act between two adults. Just like a woman can claim rape if she was given date drugs.

Bollocks. To consent to unprotected intercourse is to consent to the possibility of being infected with an STI, including but not limited to hiv.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: phildinftlaudy on August 06, 2010, 12:05:27 pm

Ok - What is rape? Rape is sex without consent. To me someone who is HIV+ and doesn't disclose (or likely activel lies about it) it is engaging in a form of rape - since the victim has not given consent to the aforementioned act. Hence I don't consider the act to be a form of consentual act between two adults. Just like a woman can claim rape if she was given date drugs.

I feel like some Alice in Wonderland - having to explain the most basic things to people who live in an alternate universe. Believe you me - most of the population at large completely agrees with me - sorry for being the messenger.


Boze - the act is RAPE. The act is not date drugs. The act is consensual sex. The act is not nondisclosure. Repeat to yourself.... the act is RAPE..... not date drugs.... the act is consensual sex. The act is not nondisclosure.
Persons are charged with RAPE - they are not charged with giving the person date drugs.  
To even say that someone who does not disclose "is engaging in a form of rape" is extremely offensive to those who have been raped.  
You are right about feeling like someone in Alice in Wonderland - however, it is others who keep having to explain the most basic of things to you. And, given the responses you are getting to your post I don't think most of the population would agree with you.  Do you have any stats to back up this type of statement?  Unless you took a worldwide survey there would be no way to do so -- and this is the point that has been made to you before - the generalizations, the blanket statements, and the assumptions that the unnamed populace is in agreement with your views - when from what I can see - the named and evident populace (at least on these forums) is not in agreement.

Edited to fix spelling error
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: loop78 on August 06, 2010, 12:12:46 pm
Ok - What is rape? Rape is sex without consent. To me someone who is HIV+ and doesn't disclose (or likely activel lies about it) it is engaging in a form of rape - since the victim has not given consent to the aforementioned act. Hence I don't consider the act to be a form of consentual act between two adults. Just like a woman can claim rape if she was given date drugs.

Boze, if that were true, that "rape" would happen anytime an hiv+ person has unprotected sex without disclosing, since the "victim" wouldn't have given consent to have sex with an hiv+ person: whether transmission occurred or not would be irrelevant.

I also agree this conception of rape is offensive for real rape victims.

Anyway, and just for the record, if I have any kind of vested interest in this matter, it isn't the eventual risk of being prosecuted (as since my diagnosis I've always disclosed and used protection), it's that I refuse to see myself as a helpless victim. I need to take responsibility for what happened to be able to get over it.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on August 06, 2010, 12:14:53 pm
I appreciate the intellectual rigor of Boze.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Rev. Moon on August 06, 2010, 12:15:22 pm

You are right about feeling like someone in Alice in Wonderland

Hmmm... come to think about it, hopefully Bozus drinks the entire contents of whatever that bottle is called and he shrinks to the point where we never see him again.

I appreciate the intellectual rigor of Boze.

I'm sure that you do.  You've always had secret crushes on them skraits.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on August 06, 2010, 12:22:42 pm
I appreciate the intellectual rigor of Boze.

Rigor mortis more like.

(http://www.seanmichaelragan.com/img/LOLbabez_rigor_mortis.jpg)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 06, 2010, 12:31:59 pm
I kind of understand the gist of what Boze is saying - if I've read it right (which could be doubtful given my wandering mind).  It's not right to have un-protected sex with someone knowing that you hiv.  This can't be doubted and I'm sure none of us would say that it is.  This is something that the majority of people with hiv would not do.  However a small few do.  Nor is it right to have un-protected sex if you've knowingly got any STI.  But how to enforce that is almost impossible; the only solution quite rightly being that if you have un-protected sex you are putting yourself at risk and so consenting to what may come along with that; be it an STI or a pregnancy.

But still, it's not right to knowingly infect other people.

I've probably got the wrong end of the stick...the discussion is getting somewhat long-winded....
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on August 06, 2010, 12:47:06 pm
I feel like some Alice in Wonderland - having to explain the most basic things to people who live in an alternate universe. Believe you me - most of the population at large completely agrees with me - sorry for being the messenger.


And that's why some of the population gets to join us in this wonderful world of Alice.  If you're the messenger then I guess you should be shot, because it's this very same message that causes people to join our ranks everyday.

Whether you realize it or not, we pretty much frown on members who have posted about having sex without disclosing, and just the same, we frown on people who are not smart enough to protect themselves or place their negative status in the hands of someone else.

It's all about personal responsibility and until the population at large understands this we can continue to welcome our new members in I just Tested Poz.

Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Joe K on August 06, 2010, 01:21:15 pm
And that's why some of the population gets to join us in this wonderful world of Alice.  If you're the messenger then I guess you should be shot, because it's this very same message that causes people to join our ranks everyday.

Whether you realize it or not, we pretty much frown on members who have posted about having sex without disclosing, and just the same, we frown on people who are not smart enough to protect themselves or place their negative status in the hands of someone else.

It's all about personal responsibility and until the population at large understands this we can continue to welcome our new members in I just Tested Poz.

Skee, excellent comments, brief and very on point.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 06, 2010, 06:22:42 pm
Didn't we have this exact same discussion in this very thread like 2 months ago?

Having sex while being knowingly positive and doing nothing to protect your partner makes you an asshole, and in some cases a criminal, the question is SHOULD it be criminally negligent.  The partner is not an innocent bystander EXCEPT in the case of rape.  The negative partner is aware of the possibility of getting any number of STIs and if they choose to forego using condoms then they have put their life into someone else's hands.

Game Over Boze.  You can't argue your way out of this.  They have the option of saying "Hey I'm not going to sleep with you unless we use a condom".  I'm not casting aspersions on people who don't say this as almost every last one of us on this forum made this very mistake.  Are we absolved of all responsibility because the other party should have disclosed?  No, we are not.  The problem we have with your opinion is it carries this undertone of "I was innocent and some hiv+ asshole gave me this disease!".  The truth is you were just as much a party to your infection as your sex partner.  I think you're desperately trying to play the victim and you'll use any rationale you can find to justify your position.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: sweetasmeli on August 06, 2010, 07:06:44 pm
I've tried so hard to stay away from this thread but can't keep my mouth shut any longer.

Some people who I regarded as friends who I thought were supportive of my situation have now left me to believe they were obviously full of shit...

Ann - You said that even if your partner had known his HIV status that it would still had been your fault that you'd been infected. So, despite everything you have said to me (online/on the phone/in person) that it is in fact what you think of me and my situation???

Matty - I really thought you were my friend.

I sit here totally flabbergasted, yet totally unsurprised at the utter hypocrisy I see abundant in this thread.

Debra

PS: Those of you who know me know my situation. Those of you who don't can research my past posts/the archives.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: bryan21 on August 06, 2010, 09:10:03 pm
 having sex with someone and not telling them u have HIV is WRONG!!!
(now i f u dont know then that just sucks) but i feel anyone that has unprotected sex with someone and doesnt tell the other person should go to jail!
now if they tell the person and the person dont care then thats on the other person and i dont feel they should go to jail!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 06, 2010, 09:21:30 pm

I feel the same dam way having sex with someone and not telling them u have HIV is WRONG!!!
(now i f u dont know then that just sucks) but i feel anyone that has unprotected sex with someone and doesnt tell the other person should go to jail!
now if they tell the person and the person dont care then thats on the other person and i dont feel they should go to jail!

That's actually completely contrary to what Ann just said
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: bryan21 on August 06, 2010, 09:31:57 pm
there u go i changed it!hahah!
thats what i think about it!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 06, 2010, 09:42:46 pm
I've tried so hard to stay away from this thread but can't keep my mouth shut any longer.

Some people who I regarded as friends who I thought were supportive of my situation have now left me to believe they were obviously full of shit...

Ann - You said that even if your partner had known his HIV status that it would still had been your fault that you'd been infected. So, despite everything you have said to me (online/on the phone/in person) that it is in fact what you think of me and my situation???

Matty - I really thought you were my friend.

I sit here totally flabbergasted, yet totally unsurprised at the utter hypocrisy I see abundant in this thread.

Debra

PS: Those of you who know me know my situation. Those of you who don't can research my past posts/the archives.

I will respond to this when my rage has cooled a little.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on August 06, 2010, 10:52:00 pm



   I fail to see how the message gets so easily twisted.  Are we saying it wrong? 

   Telling the negative populous to take responsibility for their health by no means admonishes responsibility of those who are positive.  Telling a newly infected person not to dwell on the person who possibly knowingly infected them and to take responsibility for failing to protect themselves also doesn't wipe away responsibility for those who are positive.  We give this message where it serves purpose.

   Until I see someone who is positive come onto the forums and say, "Hey everyone I purposely set out to infect people" my focus will remain on those who are having difficulty accepting their own diagnosis and perhaps those that had a close call and remain negative.

   As a group we have to deal with the audience available.  I have yet to see the other party (people who knowingly infect) come onto these forums and share such... and until that time comes there's really no way to address them.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 07, 2010, 03:26:25 am
I've tried so hard to stay away from this thread but can't keep my mouth shut any longer.

Some people who I regarded as friends who I thought were supportive of my situation have now left me to believe they were obviously full of shit...

Ann - You said that even if your partner had known his HIV status that it would still had been your fault that you'd been infected. So, despite everything you have said to me (online/on the phone/in person) that it is in fact what you think of me and my situation???

Matty - I really thought you were my friend.

I sit here totally flabbergasted, yet totally unsurprised at the utter hypocrisy I see abundant in this thread.

Debra

PS: Those of you who know me know my situation. Those of you who don't can research my past posts/the archives.

I'm confused too .....
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 07, 2010, 03:29:37 am


   I fail to see how the message gets so easily twisted.  Are we saying it wrong? 

   Telling the negative populous to take responsibility for their health by no means admonishes responsibility of those who are positive.  Telling a newly infected person not to dwell on the person who possibly knowingly infected them and to take responsibility for failing to protect themselves also doesn't wipe away responsibility for those who are positive.  We give this message where it serves purpose.

   Until I see someone who is positive come onto the forums and say, "Hey everyone I purposely set out to infect people" my focus will remain on those who are having difficulty accepting their own diagnosis and perhaps those that had a close call and remain negative.

   As a group we have to deal with the audience available.  I have yet to see the other party (people who knowingly infect) come onto these forums and share such... and until that time comes there's really no way to address them.

I get what you're saying but you can't say that people have equally responsibility...you just can't think that...if someone KNOWS they are positive then they have MORE responsibility, and if someone is deceived into thinking that the person they are engaging in un-protected sex with is negative then how are they equally responsible?  That means that no-one would ever have un-protected sex ever again, because they 'might' be being deceived....they 'might' be being lied to....I'm confused by this thread now.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: edfu on August 07, 2010, 03:53:24 am
A brief interlude...

HIV stops with me:

http://www.youtube.com/watch?v=o_EZ-VYJUUY

http://www.youtube.com/watch?v=eDtuG2Oh-F4&feature=related
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: sweetasmeli on August 07, 2010, 05:36:16 am
I get what you're saying but you can't say that people have equally responsibility...you just can't think that...if someone KNOWS they are positive then they have MORE responsibility, and if someone is deceived into thinking that the person they are engaging in un-protected sex with is negative then how are they equally responsible?  That means that no-one would ever have un-protected sex ever again, because they 'might' be being deceived....they 'might' be being lied to....

Exactly.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 07, 2010, 11:23:53 am
Taboo and Sweet, that is the point.  You cannot trust anyone else with your health.  The only surefire way to not get any sort of STI is to assume that your partner is potentially carrying all of them.  Thus use condoms every time and you won't pick up anything.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: ds4146 on August 07, 2010, 11:55:36 am
^ we've argued the semantics of the point before, there's no reason to stir the pot again.
My intent was not to stir the pot, and perhaps the word was a bit harsh, however you can not think that you can say something like that and not be called on it. And yes, I have read the contents of this thread. Clearly we both need to thank before we write.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on August 07, 2010, 12:16:01 pm
I get what you're saying but you can't say that people have equally responsibility...you just can't think that...if someone KNOWS they are positive then they have MORE responsibility, and if someone is deceived into thinking that the person they are engaging in un-protected sex with is negative then how are they equally responsible?  That means that no-one would ever have un-protected sex ever again, because they 'might' be being deceived....they 'might' be being lied to....I'm confused by this thread now.

  And where did we say positive people should not disclose?  Have you ever thought about what makes you assume this?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on August 07, 2010, 01:26:15 pm
I get what you're saying but you can't say that people have equally responsibility...you just can't think that...if someone KNOWS they are positive then they have MORE responsibility, and if someone is deceived into thinking that the person they are engaging in un-protected sex with is negative then how are they equally responsible?  That means that no-one would ever have un-protected sex ever again, because they 'might' be being deceived....they 'might' be being lied to....I'm confused by this thread now.

You're not confused.. you're just one of many who thinks it's others' responsibility to make decisions for them, even when they have the full knowledge of all likely and expected consequences of engaging in certain actions. And if those others fail to inform or even lie to them about those risks, the others are at total fault even when the non-disclosure or misrepresentation of (no risk) information should not have affected their decisions whether to participate in the risky act in the first place.

Please bear in mind that I am referring to criminal/legal responsibility here. And please don't use the analogy of murder or other forms of body harm. The simple reason being that while the infecting party knows he/she can infect a HIV- person, he/she does not have proof that the person he/she is going to engage in unsafe sex with is indeed HIV-, i.e. unlike, for example, firing a gun at someone at the head, one cannot reasonably expect to infect like in this example to kill or cause serious harm.

The disclosure or lying itself in most circumstances should therefore not have the effect of repudiating the consent given to the acceptance of risk of acquiring HIV by the infected party because to have consented to participate in unsafe sex is a de facto consent to all expected consequences, whether the infecting party has disclosed his/her status truthfully.

The exceptions of course include cases which consent is NOT given in a manner that the "victim" has no control over. Rape is an obvious example, or when a condom is taken off in the middle (which in my opinion is the same as rape).

Another exception is when the infecting party owns a legal duty of care to the infected party (marriage or a civil union, in which monogamy is legally expected), in which case the latter should not be expected to have anticipated the risk of acquiring STDs, i.e. if it wasn't for that legal duty, the infected party would not have given the consent to unsafe sex.

The argument that just because the infecting party is aware of his/her status so he/she must bear all the criminal responsibility falls apart not just at this line of reasoning, which all criminal jurisdiction has to base on, it also fails on another "fairness" ground - if you argue that someone who knows should bear the criminal responsibility, what about someone who's already HIV+ and always aware of his/her risk but has intentionally not taken any step to ascertain his/her status before engaging in unsafe sex? So somehow he/she has less of a responsibility by willfully ignoring the chance that he/she can be infectious?

I don't know what more can we say on this subject of criminalizing non-disclosure or deception in consensual unsafe sex. It's unfortunate that some of us here got infected by a lying partner or boyfriend/girlfriend, but to demand that he/she should be put behind bars serves no other purpose than satisfying a sense of misplaced "justice" that is doing more harm to our HIV community by creating this highly stigmatized exception to the general criminal jurisdiction, it's also sending a very destructive message to the society at large.

(modified for typos)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: gemini20 on August 07, 2010, 01:32:55 pm
Thus use condoms every time and you won't pick up anything.

I've been avoiding adding my two pennies worth in this thread but the above quote tipped me into posting!

I was infected with HIV on one occasion when a condom failed - my partner at the time knew he was HIV positive, had been diagnosed approximately 5 years but did not inform me of this until the moment he realised the condom had failed.

I know for a fact that it was only this one instance because three days before meeting Ian I had become a blood donor and know for certain I was not infected prior to this relationship. As I was not on the pill and didn't want to get pregnant, condoms were used on every occasion we had sexual intercourse and only once did the condom fail.

Had I known in advance that he was HIV positive I would have been running a mile in the other direction and sure as hell would not have had a sexual relationship with him. Why, because back then in 1991, I had absolutely no idea about HIV (if you were a white, heterosexual female who had never injected drugs then you were the least likely to be at risk was my perception) and would have been terrified about getting involved with a positive person.

Personally I believe if you know you are HIV positive then you should be doing your utmost to ensure your infection stays with you. And in my eyes honesty is always the best policy even if it means that you may face a ton of rejection, rather that than put someone in the position that someone has put you in i.e. infected (assuming that your infection was from a sexual relationship).

Okay, I'll go and calm down now.

Emma


Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 07, 2010, 02:05:28 pm
Personally I believe if you know you are HIV positive then you should be doing your utmost to ensure your infection stays with you. And in my eyes honesty is always the best policy even if it means that you may face a ton of rejection, rather that than put someone in the position that someone has put you in i.e. infected (assuming that your infection was from a sexual relationship).

This is my belief as well, I won't even go on a date with someone without disclosing because I feel like I would be misrepresenting myself to some degree.  I also believe that if they can't handle it then we need to get the education out of the way up front or go our separate ways.

As for the condom failure, I suppose I should have qualified that statement as well and I apologize if I upset you with my choice of words Emma.  I'm doing my best to attempt to put the words on the page but without the inflection the meaning can sound a bit gruff (thus my preamble apology to taboo earlier).
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: J.R.E. on August 07, 2010, 03:25:17 pm
A brief interlude...

HIV stops with me:

http://www.youtube.com/watch?v=o_EZ-VYJUUY

http://www.youtube.com/watch?v=eDtuG2Oh-F4&feature=related


It's worth a bump !!
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 07, 2010, 03:36:27 pm
Taboo and Sweet, that is the point.  You cannot trust anyone else with your health.  The only surefire way to not get any sort of STI is to assume that your partner is potentially carrying all of them.  Thus use condoms every time and you won't pick up anything.

A rapid decline of the species thus ensues...... ::)
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 07, 2010, 04:03:51 pm
Opinions, as they are, are as varied as the number of people taking part in whatever argument. and as truth is what the majority agrees, it seems to be that here the consensus is that a basic act (be it for the sake of the prgression of the species or an expression of love, lust etc) has become akin to kamakazism.
consider, for a moment, that you're walking down the street. you trust the guy driving a car down the road is not gonna veer and run you over. you don't expect the woman walking next to you to suddenly stab you. you buy meat at the butcher with the trust that he's not gonna give you a chicken chock block with salmonella.
our civilisation stands only because we put our lives, everyday, in every way, in the hands of others with the trust that that they put the same price on it as they put on theirs. this is the same logic people approach everything, including sex. knowingly passing on HIV violates this basic understanding.
passing on other STI knowingly is, i believe, criminalized under the same law(UK). the law is not specific to HIV.

For example, if I get on a bus should I breathalise the driver everytime just in case one time he is drunk and crashes?  Am I therefore equally responsible because I trusted the bus-driver and he abused that trust?

All this just adds up to people staying in their houses with a giant bubble (or condom, lol) around them...the species dies...we die...
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 07, 2010, 04:07:07 pm
 And where did we say positive people should not disclose?  Have you ever thought about what makes you assume this?



Huh?  I never said anything about that...?  Perhaps I gave that impression because of my own situation but I didn't intend to assume that was the general concensus here, my apologies if it came accross that way.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 07, 2010, 04:57:29 pm
I think this is one of those things where people just believe what they believe - with no likelihood of changing the view. Moreover they seem to consider anybody else who is of opposing view to be a combination of {stupid / immoral / utterly stubborn}.

I've done what I set out to achieve - show to the people who share my view and are in minority on this forum that they are not {immoral / stupid}, have every right to it, and in fact are in line with how the majority of English speaking world thinks about it. Now I will do my best to leave the issue alone.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on August 07, 2010, 05:26:38 pm
Oh nice one, Bozy... loved that subtle working in of xenophobia.  Good one.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 07, 2010, 07:02:42 pm
Oh nice one, Bozy... loved that subtle working in of xenophobia.  Good one.

Nah - not at all. I just looked up laws for criminal hiv transmission and it appears that

"In many English-speaking countries and in most of the states who have signed the European Convention of Human Rights, knowingly infecting others with HIV can lead to criminal prosecution."


http://en.wikipedia.org/wiki/Criminal_transmission_of_HIV#Legal_definition
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 07, 2010, 07:03:54 pm
Nah - not at all. I just looked up laws for criminal hiv transmission and it appears that

"In many English-speaking countries and in most of the states who have signed the European Convention of Human Rights, knowingly infecting others with HIV can lead to criminal prosecution."


http://en.wikipedia.org/wiki/Criminal_transmission_of_HIV#Legal_definition

And what penalty does "sleeping with someone whose hiv status you are unaware of" carry?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 07, 2010, 07:24:49 pm
I've tried so hard to stay away from this thread but can't keep my mouth shut any longer.

Some people who I regarded as friends who I thought were supportive of my situation have now left me to believe they were obviously full of shit...

Ann - You said that even if your partner had known his HIV status that it would still had been your fault that you'd been infected. So, despite everything you have said to me (online/on the phone/in person) that it is in fact what you think of me and my situation???

Matty - I really thought you were my friend.

I sit here totally flabbergasted, yet totally unsurprised at the utter hypocrisy I see abundant in this thread.

Debra

PS: Those of you who know me know my situation. Those of you who don't can research my past posts/the archives.

No law would have protected you from being infected. Yeah your situation is a nasty one. He lied to you and infected you knowingly. You didn't find out until he was laid up in some hospital rotting away from AIDS.

Whatever. You, a consenting adult, elected to trust him. That's what really matters.

To consent to unprotected sex is to consent to the possibility of being infected with a sexually transmissible infection.

That applies to you as much as anyone else.

Bad things happen to good people. The fact that you're still pissing on about it all these years later, well that's what make me feel sorry for you. Change the fucking record already.

Moreover the idea that your predicament is the fulcrum upon which major issues of HIV and public policy must shift is just fucking risible.

You have some fucking front turning up here after all this time snivelling about friendship. I remember when you fluttered out of this place. You said something to the effect that you'd gotten as much out of this community as you could and bid us a fond farewell.

Gone for more than two years and now you play the fucking friendship card on me? Fuck that shit, sister. I've not heard from you in all that time. Not a single email, PM, SMS. how-are-ya, kiss-me-arse or anything.

Friendship is and always has been a one fucking way street with you.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: sweetasmeli on August 07, 2010, 08:53:41 pm
No law would have protected you from being infected. Yeah your situation is a nasty one. He lied to you and infected you knowingly. You didn't find out until he was laid up in some hospital rotting away from AIDS.

Whatever. You, a consenting adult, elected to trust him. That's what really matters.

To consent to unprotected sex is to consent to the possibility of being infected with a sexually transmissible infection.

That applies to you as much as anyone else.

Bad things happen to good people. The fact that you're still pissing on about it all these years later, well that's what make me feel sorry for you. Change the fucking record already.

Moreover the idea that your predicament is the fulcrum upon which major issues of HIV and public policy must shift is just fucking risible.

You have some fucking front turning up here after all this time snivelling about friendship. I remember when you fluttered out of this place. You said something to the effect that you'd gotten as much out of this community as you could and bid us a fond farewell.

Gone for more than two years and now you play the fucking friendship card on me? Fuck that shit, sister. I've not heard from you in all that time. Not a single email, PM, SMS. how-are-ya, kiss-me-arse or anything.

Friendship is and always has been a one fucking way street with you.

MtD

And so here it is, the cleverly worded vindictive response I half-expected.

For your information, I did email you and I did text you but I heard nothing back from you. Quel surprise. No longer part of the Aidsmeds clique eh, so out of sight out of mind…talk about one-way friendships. You haven't the first clue what friendship is.

Well haven’t you changed your tune? Need I remind you that you and Ann and others openly supported me and my situation on the old forums? Those were the "full of shit" and "hypocrisy" referrals I made in my other post. But of course those archives can’t be accessed now, so I guess it’s a moot point. Just my word against yours.

And one of reasons I’d been away from the forums for so long – not that you’ll care, as you’re obviously such a self-centred self-serving two-faced excuse for a human being – is that my dad died last year.

As for what happened to me, I have my reasons for still "pissing on about it all these years later" as you so eloquently put it. But you wouldn’t give a shit about that because all you give a shit about is you, having your obnoxious voice heard and getting the last cutting word in to make someone else feel bad.
 
You might be knowledgeable Matty, but you’ll never truly be liked or loved. Bullies never are.

MattyTheDamned and his clever words and wicked tongue.

Took you all day to come up with that, eh? Well, don’t give up your day job, sister!

Adios and fuck you.

Debra
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 07, 2010, 08:58:13 pm
And so here it is, the cleverly worded vindictive response I half-expected.

For your information, I did email you and I did text you but I heard nothing back from you. Quel surprise. No longer part of the Aidsmeds clique eh, so out of sight out of mind…talk about one-way friendships. You haven't the first clue what friendship is.

Well haven’t you changed your tune? Need I remind you that you and Ann and others openly supported me and my situation on the old forums? Those were the "full of shit" and "hypocrisy" referrals I made in my other post. But of course those archives can’t be accessed now, so I guess it’s a moot point. Just my word against yours.

And one of reasons I’d been away from the forums for so long – not that you’ll care, as you’re obviously such a self-centred self-serving two-faced excuse for a human being – is that my dad died last year.

As for what happened to me, I have my reasons for still "pissing on about it all these years later" as you so eloquently put it. But you wouldn’t give a shit about that because all you give a shit about is you, having your obnoxious voice heard and getting the last cutting word in to make someone else feel bad.
 
You might be knowledgeable Matty, but you’ll never truly be liked or loved. Bullies never are.

MattyTheDamned and his clever words and wicked tongue.

Took you all day to come up with that, eh? Well, don’t give up your day job, sister!

Adios and fuck you.

Debra


More lies and manipulative shit. And with that there's nothing left for us to say to one another.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on August 07, 2010, 09:12:44 pm
Opinions, as they are, are as varied as the number of people taking part in whatever argument. and as truth is what the majority agrees,

So if the majority of your country decides to put to you and all other HIVers in camp and lock you up you'd happily submit? It's called argumentum ad populm (http://en.wikipedia.org/wiki/Argumentum_ad_populum).

consider, for a moment, that you're walking down the street. you trust the guy driving a car down the road is not gonna veer and run you over. you don't expect the woman walking next to you to suddenly stab you. ...

Do you even read what others' arguments? When you walk down the street, you can't expect and don't consent to be stabbed or veer down. But when you consent to have unprotected sex, you can both expect and consent to all likely consequences, including STD.

our civilisation stands only because we put our lives, everyday, in every way, in the hands of others with the trust that that they put the same price on it as they put on theirs. this is the same logic people approach everything, including sex.

You do know that if that is the case you won't even need any laws?

For example, if I get on a bus should I breathalise the driver everytime just in case one time he is drunk and crashes?  Am I therefore equally responsible because I trusted the bus-driver and he abused that trust?

You just keep using false analogies - once you get inside a bus and let the other drive, you have no control over the vehicle. But while having consented to sex, you can still stop before unprotected sex is about to happen. And if you don't see the difference, I don't really see the point of this "discussion" as many of us have presented you with the distinctions, while all you offer is nothing but this nonsensual analogizing.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on August 07, 2010, 10:24:55 pm

You might be knowledgeable Matty, but you’ll never truly be liked or loved. Bullies never are.


He's liked and loved alright, by many,.. just saying.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 08, 2010, 03:33:43 am
So if the majority of your country decides to put to you and all other HIVers in camp and lock you up you'd happily submit? It's called argumentum ad populm (http://en.wikipedia.org/wiki/Argumentum_ad_populum).

Do you even read what others' arguments? When you walk down the street, you can't expect and don't consent to be stabbed or veer down. But when you consent to have unprotected sex, you can both expect and consent to all likely consequences, including STD.

You do know that if that is the case you won't even need any laws?

You just keep using false analogies - once you get inside a bus and let the other drive, you have no control over the vehicle. But while having consented to sex, you can still stop before unprotected sex is about to happen. And if you don't see the difference, I don't really see the point of this "discussion" as many of us have presented you with the distinctions, while all you offer is nothing but this nonsensual analogizing.

I guess it's getting into semantics really.  I think I'll leve this topic alone now and just summarise how I feel.  I don't think it's black and white enough to say that all parties have equal responsibility and I'm not going to change my mind about that.  As Snow and Sweet also pointed out there are some situations when people are deceived and in these cases I firmly believe that most of the responsibility lies with the person who is hiv positive to protect the other and not lie to them.

Had I had the full and honest facts in my own situation then I would not be here on this forum today.  You cannot expect a woman to use a condom throughout her entire relationship 'just in case' she is being lied to, cheated on or deceived.  It's not realistic and like I said, we would see a rapid decline in the species as there would be no pregnancies.  And the same for men too.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on August 08, 2010, 04:12:31 am
No, it has not declined into semantics. You and many continue to confuse or willingly refuse to address our case of rejecting criminal responsibility, equating it to a wholesale rejection of any sort of responsibility, be it "social" or "moral" as you care to add in front of the word.

Deadly STDs have accompanied humanity since the dawn of civilization and yet we continue to procreate. We constantly talk about a responsibility to stop the virus with us; what we're against is a highly stigmatized criminalization of this responsibility because it serves no purpose at all but a further victimization of the infected, you included.

If you fail to think of any good line of reasoning to rebuke our arguments, just admit it.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on August 08, 2010, 05:43:03 am

I've tried so hard to stay away from this thread but can't keep my mouth shut any longer.

Some people who I regarded as friends who I thought were supportive of my situation have now left me to believe they were obviously full of shit...

Ann - You said that even if your partner had known his HIV status that it would still had been your fault that you'd been infected. So, despite everything you have said to me (online/on the phone/in person) that it is in fact what you think of me and my situation???

Matty - I really thought you were my friend.

I sit here totally flabbergasted, yet totally unsurprised at the utter hypocrisy I see abundant in this thread.

Debra

PS: Those of you who know me know my situation. Those of you who don't can research my past posts/the archives.

Debra, before you castigate me like you castigated Matty for taking so long to reply,  I want you to know that I didn't want to post in anger and I've given myself time to cool off. You know, it's one of those things responsible adults do, like using condoms when you can't be 100% sure of your sex partner's hiv status.

I like how you reduce all the hours upon hours I sat and listened to you whinge about being hiv positive to me being "full of shit". Thank you very much. How I wish I could have those hours back now that I know how little you appreciated my time, concern and compassion.

We hashed out the issue of you wanting to prosecute your partner ad nauseum and you knew and know exactly where I stand on the issue. I haven't ever changed my opinion one little bit. However, I put my personal feelings aside and did my best to offer you moral support - that's what true friends do. And now you throw that back in my face. Again, thank you very much.

One thing I could never figure out was how, when you knew he was a hemophiliac and had been treated with factor eight back in the day before the blood supply was screened for hiv, how could you be so complacent? You knew he had hep C from factor eight, yet you chose to stick your head in the sand where hiv was concerned. Yes, he committed a lie of omission, but that doesn't absolve you of your responsibility to yourself. Woman, what were you thinking?

I'm not saying you were 100% to blame, but you refuse to take ANY responsibility for your role in your infection. I've always taken this stance with you. I think it's terrible the way his family turned a blind eye, but ultimately, him being a hemophiliac with a history of factor eight use that resulted in hep C infection should have been a major red flag. You're an intelligent woman who hasn't been living under a rock, after all.

I never agreed with you prosecuting him, but I did my level best to understand your reasoning and I tried to support you in your choice. See, that's what friends do, they might not always agree with a friend's actions, but they do their best to support them regardless. If that makes me full of shit, so be it.

You cannot expect a woman to use a condom throughout her entire relationship 'just in case' she is being lied to, cheated on or deceived.  It's not realistic and like I said, we would see a rapid decline in the species as there would be no pregnancies.  And the same for men too.

It IS realistic to expect people to use condoms until such point where they are in a securely monogamous relationship - where they are comfortable enough with each other to go get tested TOGETHER before dispensing with the condoms. If you're comfortable and intimate enough to want to have unprotected intercourse, then you should be comfortable and intimate enough to go to a sexual health clinic together. If you're not, then keep using the condoms. It's just the way it has to be for sexual relationships in the 21st century.



edited to replace the word "ignorant" with the word "complacent". Complacent was the word I originally wanted, but it escaped me in my hour of need. One of those "it's on the tip of my tongue" moments. I wanted to get the post over and done with so I went with the far inferior word that didn't quite convey what I meant. Complacent is exactly what I meant and I thought it was appropriate that I change it, for clarity's sake.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: TabooPrincess on August 08, 2010, 05:52:17 am
No, it has not declined into semantics. You and many continue to confuse or willingly refuse to address our case of rejecting criminal responsibility, equating it to a wholesale rejection of any sort of responsibility, be it "social" or "moral" as you care to add in front of the word.

Deadly STDs have accompanied humanity since the dawn of civilization and yet we continue to procreate. We constantly talk about a responsibility to stop the virus with us; what we're against is a highly stigmatized criminalization of this responsibility because it serves no purpose at all but a further victimization of the infected, you included.

If you fail to think of any good line of reasoning to rebuke our arguments, just admit it.

I think you are missing my point.  I am trying to point out that the responsibility issue is not black and white.  I have not once mentioned that this should be criminalised, nor do I think that - I think this would serve no purpose and would not deter someone who was intent on doing this anyway.  Plus what is done is done.  If I so thought this then I would have followed criminal avenues myself.  I do however get confused about human nature and how you can say that people are equally responsible.  I guess it takes a lot of people to make a world.  And some are too trusting, others not.  
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 08, 2010, 06:25:05 am


You just keep using false analogies - once you get inside a bus and let the other drive, you have no control over the vehicle. But while having consented to sex, you can still stop before unprotected sex is about to happen. And if you don't see the difference, I don't really see the point of this "discussion" as many of us have presented you with the distinctions, while all you offer is nothing but this nonsensual analogizing.

Her analogy is perfect, you either don't know what ANALOGY means or are just too bent on trying to present your case.

I will not get into  the pointless discussion ad infinitum (there are probably 400 replies in this thread now - so both sides had ample opportunity to explain themselves), just wanted to point out that you are using a fairly cheap trick - when one presents you with an analogy, you claim  that the analogy isn't actually correct since it contains a number of differences with the subject at hand. Well - that's how analogies work. They are not meant to be replicas of the situation - but rather highlight important similarities.

The similarity is that our society functions on a certain level of trust between people. We go through every day assuming that other members of society would not kill us, even if they have the opportunity to. Assuming otherwise (as you lot claim one should always expect his sex partner to have all possible STDs) would mean staying at home fearing for one's life.

I would also note one more thing - that this debate is (largely) split along sexuality lines. This is normal - as we come to have different expectations of risk based on the types of sexual lives we lead. (Forewarning for those who are falling out of their chairs aghast at how I have the nerve to point out the obvious - please spare the cries of X-phobias). So those who have sex that carries a 30-40% risk of transmission have a different outlook than those who have .01% risk (these are rough estimates, feel free to change them as you see fit). Hence the former have every reasonable right to ALWAYS expect the worst while the latter do not.  

And what penalty does "sleeping with someone whose hiv status you are unaware of" carry?

Same one as for being victim of a Ponzi scheme or any other mishap where the victim 'should have known better'.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: komnaes on August 08, 2010, 06:44:24 am
.., just wanted to point out that you are using a fairly cheap trick - when one presents you with an analogy, you claim  that the analogy isn't actually correct since it contains a number of differences with the subject at hand. Well - that's how analogies work. They are not meant to be replicas of the situation - but rather highlight important similarities.

When it comes to criminal responsibility analogy should never be applied to justify the criminalization of a certain act. Each act has to be considered separately.

We gays are dealing with it everyday, so we know what we are talking about. What yours and her analogies are no different than say "if a man has sex with an animal is a criminal offense" than "a man having sex with another man should also be a criminal offense" because both acts are not a man having sex with a woman.

What you're doing is just going on and on telling me if drunk driving is a criminal offense so having unprotected sex knowingly while being HIV+ should also be a criminal offense because in both cases some sort of "responsibilities" require criminal punishment.

And I have no idea why you keep going back to this point as we have categorically rebuked it several pages ago, and in any case just look at TP's post above yours.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Hellraiser on August 08, 2010, 07:25:41 am
Same one as for being victim of a Ponzi scheme or any other mishap where the victim 'should have known better'.

I am not a victim and neither are you.  This is the core of the argument.  We made a stupid decision in regards to where we are today, but I'm man enough to own up to my part of that responsibility.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: sisterr on August 08, 2010, 08:05:46 am
Boze, I almost think I have interpreted what you wrote here correctly... but could you clarify exactly what you are saying. Please.

'I would also note one more thing - that this debate is (largely) split along sexuality lines. This is normal - as we come to have different expectations of risk based on the types of sexual lives we lead. (Forewarning for those who are falling out of their chairs aghast at how I have the nerve to point out the obvious - please spare the cries of X-phobias). So those who have sex that carries a 30-40% risk of transmission have a different outlook than those who have .01% risk (these are rough estimates, feel free to change them as you see fit). Hence the former have every reasonable right to ALWAYS expect the worst while the latter do not.'

(apologies I did not read the splab aboput how to cut and paste from a previous post - will go do my homework now) 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Ann on August 08, 2010, 09:52:09 am

I would also note one more thing - that this debate is (largely) split along sexuality lines. This is normal - as we come to have different expectations of risk based on the types of sexual lives we lead. (Forewarning for those who are falling out of their chairs aghast at how I have the nerve to point out the obvious - please spare the cries of X-phobias). So those who have sex that carries a 30-40% risk of transmission have a different outlook than those who have .01% risk (these are rough estimates, feel free to change them as you see fit). Hence the former have every reasonable right to ALWAYS expect the worst while the latter do not. 

The only true risk group is that group of people who have unprotected anal or vaginal intercourse with people of positive or unknown hiv status and it doesn't matter if you're gay, straight, or somewhere in between.

This brings us back to condom usage. If you don't want to be in a risk group for hiv, use the damn things. It's as simple as that.

By your use of the phrases "the types of sexual lives we lead"  and "sexuality lines" I take it you mean whether a person is gay or straight. Utter rubbish, as there are far more straights living with hiv than there are gays. I made the mistake of thinking because I wasn't a gay man or living in Africa I didn't need to worry about hiv. This is the thinking we need to stop others from engaging in so they don't follow in our footsteps. It's not who you do, it's how you do it. That's the message that people need to hear.

If we continue to criminalise hiv transmission, it only reinforces the idea that personal responsibility doesn't come into it. Maybe if BOTH parties were prosecuted for not wearing a condom when infection occurs, the so-called "victims" who bring these prosecutions would think twice about their own role in their infection. Charge both parties with criminal negligence resulting in serious illness.

To be clear, I don't want either party charged for hiv transmission (I'm not talking about rape, just consensual). But if you're going to charge one party for what basically amounts to not using a condom, then charge both parties because condom use is a shared responsibility.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on August 08, 2010, 10:17:18 am
Oh, it's bullcrap anyway -- where I live the statistics are that 33% of new infections are from heterosexual sex.  *Hello* that's not an insignificant number.

It amazes me that folks still come on here and scream about being a straight male victim of gay ass fairy flu.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Joe K on August 08, 2010, 01:07:06 pm
What I find so disappointing, about some of the comments here, is how some posters want to criminalize the transmission of HIV, rather than taking personal responsibility for their infection. Some of you seem to want that "criminalization" status, as a way of absolving yourself, so you can continue to play the victim. So go ahead and play the victim, but don't expect the majority of us, to agree with you. A failing on your part, does not always equal a failing on the part of another.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 08, 2010, 01:56:48 pm
Boze, I almost think I have interpreted what you wrote here correctly... but could you clarify exactly what you are saying. Please.

'I would also note one more thing - that this debate is (largely) split along sexuality lines. This is normal - as we come to have different expectations of risk based on the types of sexual lives we lead. (Forewarning for those who are falling out of their chairs aghast at how I have the nerve to point out the obvious - please spare the cries of X-phobias). So those who have sex that carries a 30-40% risk of transmission have a different outlook than those who have .01% risk (these are rough estimates, feel free to change them as you see fit). Hence the former have every reasonable right to ALWAYS expect the worst while the latter do not.'

(apologies I did not read the splab aboput how to cut and paste from a previous post - will go do my homework now) 

Sure. Basically those of us who are MSM know that this activity carries a very high transmission risk (gay men in the US have a 60-fold higher risk of being HIV+). Ie if one meets a random dude in the park, has sex with him and then  finds out he got HIV - well it's kinda not a huge surprise. Hence the talk about shared responsibility, etc. On the other hand - a woman who is lied to by her bf has faced an entirely different set of probabilities. Hence she sees the 'shared responsibility' in an entirely different light.

The only true risk group is that group of people who have unprotected anal or vaginal intercourse with people of positive or unknown hiv status and it doesn't matter if you're gay, straight, or somewhere in between.


This is just basic math ignorance.

Oh, it's bullcrap anyway -- where I live the statistics are that 33% of new infections are from heterosexual sex.  *Hello* that's not an insignificant number.

It amazes me that folks still come on here and scream about being a straight male victim of gay ass fairy flu.

33% of new infections, 95% of population. Do the math - likelihoods are order of magnitutude different.
My point was not to say that it's a gay disease - only to show that we look at it from different angles. Members of one group have entirely different expectations vis-a-vis unprotected sex they have vs. the other. I'm not saying that the straights are right - probably more ignorant. But the law is meant to protect the stupid and ignorant.

What I find so disappointing, about some of the comments here, is how some posters want to criminalize the transmission of HIV, rather than taking personal responsibility for their infection. Some of you seem to want that "criminalization" status, as a way of absolving yourself, so you can continue to play the victim. So go ahead and play the victim, but don't expect the majority of us, to agree with you. A failing on your part, does not always equal a failing on the part of another.

Just for the record - for me this is not personal. I was infected by someone who didn't know her status (I informed her after my diagnosis). It's just an ethical question - I see the responsibility square with the infector and the person who got ill as the victim.
As far as 'the majority of you to agree with me'- let's not forget where the real majority is and how they view this issue. I was just trying to bridge the gap.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Miss Philicia on August 08, 2010, 02:11:34 pm
It's all just somebody else's fault.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on August 08, 2010, 02:31:52 pm

As far as 'the majority of you to agree with me'- let's not forget where the real majority is and how they view this issue. I was just trying to bridge the gap.

Would this be the same real majority that posts over in Am I Infected with bogus fears from stuff like pussybeer? 
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Joe K on August 08, 2010, 02:46:09 pm
As far as 'the majority of you to agree with me'- let's not forget where the real majority is and how they view this issue. I was just trying to bridge the gap.

This is why I find you so frustrating, your blanket statements of facts (your own) are presented as if they had some validity and they do not. You have no idea what a majority of people think and when you state your biased views as fact, well how can anyone discuss anything, when you get to invent all the proof?
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: skeebo1969 on August 08, 2010, 02:49:29 pm
This is why I find you so frustrating, your blanket statements of facts (your own) are presented as if they had some validity and they do not. You have no idea what a majority of people think and when you state your biased views as fact, well how can anyone discuss anything, when you get to invent all the proof?

I think he means what I hoped he didn't mean, you know... us straights are in the dark and for some reason enjoy staying there.   
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Boze on August 08, 2010, 03:35:49 pm
This is why I find you so frustrating, your blanket statements of facts (your own) are presented as if they had some validity and they do not. You have no idea what a majority of people think and when you state your biased views as fact, well how can anyone discuss anything, when you get to invent all the proof?

Ok - reality check:

"Poll in the Pink Paper that revealed 57 per cent of gay readers supported criminal prosecutions for passing on HIV". http://www.positivenation.co.uk/issue128/regulars/news/news128.htm

I would expect straight population to have a much higher support for this, around 75-80%. But that's only a guess.

Would this be the same real majority that posts over in Am I Infected with bogus fears from stuff like pussybeer? 

Dunno - i don't read that forum, wish there was a way to turn it off in 'unread messages' for it.


Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: newt on August 08, 2010, 03:40:34 pm
This thread is crock of shit, mainly cos useful emotional trurths are obscured by ONE POSTER who is factually innacurate, erm, as he tends to be in all his posts. Dangerously so.  There's baloney, self-justifying baloney and the poster in this thread.

I'll be back when I can't see this at the top of the Living With forum

- matt

Now playing: glass of unoaked Chardonnay
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Joe K on August 08, 2010, 04:58:51 pm
Ok - reality check:

"Poll in the Pink Paper that revealed 57 per cent of gay readers supported criminal prosecutions for passing on HIV". http://www.positivenation.co.uk/issue128/regulars/news/news128.htm

I would expect straight population to have a much higher support for this, around 75-80%. But that's only a guess.
Thank you for proving my point. To link a reader survey, as some sound rationale for your views is laughable. The survey proves nothing, other than what a certain group of readers think. You cannot extrapolate that into anything, no matter how hard you try. I could conduct a survey and predefine the results, based on the questions and how I worded them. When you find the links for real peer reviewed scientific studies, that support your gross generalizations and distortions, let us know.

Until then, Newt is right, time for this thread to die.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: J.R.E. on August 08, 2010, 05:05:30 pm


Until then, Newt is right, time for this thread to die.

Better yet,  I vote to lock it down.

Ray
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Matty the Damned on August 08, 2010, 05:24:52 pm
Better yet,  I vote to lock it down.

Ray

I've PMd the Goderators requesting the same.

MtD
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: David Evans on August 08, 2010, 06:29:51 pm
Locked for now.
Title: Re: But He Looked So Healthy! Australian Man Charged With "Knowingly Spreading HIV"
Post by: Andy Velez on August 08, 2010, 09:13:33 pm
Dear All,

This thread seems to have been worked over and flogged some. It's one of those subjects which turns up every now and then and generally seems to evoke some harsh exchanges.

It doesn't seem to be evolving progressively at this point. And requests have been made to lock it. Which is what I am doing now. Except that David beat me to it. LOL

I'll also just finally add that ever since HIV/AIDS became a part of our lives this kind of boogey man scare stuff has been used and misused. It very unfortunately allows focus to be shifted from the very real urgent issues about effective infection prevention.  

End of tirade.