Jul 27, 2010
Two males meet on an online website for gay males, the two males decided to meet up for sexual intercourse, the bottom is hiv positive, the bottom sees the top take out a condom and put the condom on his penis, what the bottom doesnt know is that the top removes the condom during the act of sex, the bottom does not know this, when the sex is over the bottom notices the condom laying around and knows that it was not in use when the top reached climax. The bottom ask the top a few days later did you take the condom off and why, the top replies and says oh it slipped off, the bottom then feels he must disclose at this point, and now the top has went to an investigator.........PLZ Advise (for the bottom) it is understood about disclosure but is the bottom truly at fault even tho the bottom made sure the sexual act was protected?
Response from Dr. Frascino
I strongly recommend disclosure prior to the tighty whites coming off and doing the dance with the no pants. It seems that neither you nor your top gun disclosed. Consequently you are both somewhat responsible. Disclosure laws vary from state to state. Some states have criminalized nondisclosure. I strongly oppose criminalization of nondisclosure of HIV, as it impedes HIV-prevention efforts.
That your top gun decided to play "Brokeback Mountain buddy" without your knowledge would place most of the responsibility for any adverse consequences on his shoulders, in my humble opinion. We all must take personal responsibility for our actions. By the way it's also possible your feckless top gun is also infected with HIV or some other STD.
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