|
|
Massachusetts laws
#160889 - 09/30/05 02:34 PM
|
Reply
|
Quote
|
|
|
I have a very good friend who is hiv positive and in a relationship and not disclosing. It is truly because he is afraid, know. Anyway, I told him he could get in trouble for not telling her. He said he is doing nothing wrong, he always uses condoms. And he said Massachusetts does not prosecute for this. I looked up Mass Laws and they have no formal policy on this even though other states have rigid ones. Is this true? Can he not get in trouble?
Post Extras:
|
|
debtex
|
|
Legend
|
|
|
|
|
Reged: 03/21/05
|
|
Posts: 846
|
|
|
|
|
I know it may seem awful from a moral standpoint. and being poz myself, I dont feel it is right to have sex in ANY form (protected or not) and not tell.
but I live in massachusetts, and no, I dont think it is prosecutable if always wearing protection.
but i believe it is wrong either way.
good luck,
debbie
Post Extras:
|
|
ScotCharles
|
|
Legend
|
|
|
|
|
Reged: 05/06/05
|
|
Posts: 924
|
|
Loc: Los Angeles
|
|
|
Perhaps there is no explicit law, but if a sex partner becomes infected and there has been no disclosure of status, a determined and aggrieved ex-lover could sue for damages in a tort case, a costly prospect indeed.
Myself, I would not take the chance. Jail is not the only outcome of non-disclosure, potential financial ruin resulting from a tort verdict is a far more disturbing prospect in my mind.
Here in California, we recall the Rock Hudson case in which his ex-lover, even though HIV- at the time, successfully won a 20 million dollar judgement, in part as compensation for Hudson not disclosing his HIV+ status.
--------------------
Life is a river.
Carpe diem.
Post Extras:
|
|
|
|
What about non disclosure but using condoms all the time? Do you think she could still prosecute hm?
Post Extras:
|
|
debtex
|
|
Legend
|
|
|
|
|
Reged: 03/21/05
|
|
Posts: 846
|
|
|
|
|
Prosecute him for jail, unfortunately I dont think so, but just as Scot has said as well, there may be some kind of financial judgement made. (providing this person is concerned that the public is to find out)? Or not. Its hard to say. but it would certainly make it UGLY for the infected person for the world to find out (because surely it will make somekind of headline).
I wish your friend had a better head on his shoulders. If this girl really likes him, and he likes her, then he should give her the respect she deserves. If she really cares about him, and learns that they can be safe, she would have stayed. but alot of the times, people tent to feel betrayed, and may choose not to stay for that reason.
What does he say about it when you talk to him? I too contemplated suing the one who infected me (because we discussed hiv...i gave him the opportunity), but he lied, and didn't use protection. and I foolishly believed him.
(but by the time I found out it was fact that he had it...he really only had months to live. (I knew he'd find a bigger Judge than he ever would here).
good luck. it is great of you to be so involved with this. Its just too bad he didn't see it that way too. Perhaps he's afraid of being rejected. but he will be rejected more when it is discovered and he never gave them the opportunity to choose for themselves.
love and prayers,
debbie
Post Extras:
|
|
|
|
Okay.thank you for the information. I am going to try and talk to him again. But just so I am clear, when I talk to him, Can he be prosecuted Financially if he is using condoms with her and not disclosing or if he is NOT using condoms and not disclosing only. I want to be sure about the part if he is using condoms to protect her, can she still prosecute???
Post Extras:
|
|
debtex
|
|
Legend
|
|
|
|
|
Reged: 03/21/05
|
|
Posts: 846
|
|
|
|
|
You know, I know in alot of states it may exist in some form. But I've heard so much in Mass from many people, that you cannot prosecute someone if condoms have been used every time. (sure it seems like a battle worth figthing sometimes).....
.but sueing as in money wise.....that may be possible (if he has $$), order to protect his reputation or confidentiality.
I'm glad you are going to talk to him. Have you ever talked to him to tell him how wrong you thought he was? What does he say about it? You should ask him how he would feel if the condom were to break or something (although a very slim risk), wouldn't he feel a little concerned?
Now I am interested as in to what extent one can do in Mass, if that violation has occured.
keep me posted on how things go.
deb
Post Extras:
|
|
debtex
|
|
Legend
|
|
|
|
|
Reged: 03/21/05
|
|
Posts: 846
|
|
|
|
|
You know something. NICE. I also found this. read this website.
http://www.aclu.org/Files/OpenFile.cfm?id=17768
unfortunately, (as i thougth). it does not apply to massachusetts residents at all.
(very few states are this way, but Mass.....I guess there really is, nothing that can be done).
(besides some ugly slander and an end to his confidentiallity)
Guess your friend knows his rights. sucky for the unknown, but his rights none the less!!
take care,
debbie
Post Extras:
|
|
ScotCharles
|
|
Legend
|
|
|
|
|
Reged: 05/06/05
|
|
Posts: 924
|
|
Loc: Los Angeles
|
|
|
Again, damages in a civil tort case generally revolve around notions of negligence, not crimes, which are acts taken with the intent of doing harm. For instance, for a man living in Massachussets who is HIV+ and does not disclose, for whom a condom fails, he may not be engaged in a crime, but he could have committed a negligent act against his partner, and may be liable for damages such as mental anguish, loss of future income, etc.
If you have assets, or even a good job, it is always best to act cautiously in all affairs. I would disclose, and if the partner balks and runs, good riddance to bad rubbish, I say.
--------------------
Life is a river.
Carpe diem.
Post Extras:
|
|
|
|
Prosecuete him?? Hell he should be shot!! If you are POZ and having sex all your partners should know from the get-go.. This isn't a case of catching a damn cold its life and DEATH. One day one of these sleeze bags will get his sorry ass shot.
Post Extras:
|
|
debtex
|
|
Legend
|
|
|
|
|
Reged: 03/21/05
|
|
Posts: 846
|
|
|
|
|
I totally agree with that. and most people would not want an ugly situation to become discovered by the world, even if he were not to have any reprecutions because of it. (and mainly because he knew he had to wear protection).
but according to that website, even if there are fines involved for damages such as those you have named, there are also fines listed as the verdict. But in Massachusetts (and mind you, only very few states are as those in mass), there is nothing applicable as to such a charge, or accusation even.
I agree, that in every state their needs to be some sort of system where action can be taken place. (you know, and even upon reading that site, it caused me to realize that even if I wanted to press charges on the man who infected me, it wouldnt get very far.....even though he knew, AND it was even discussed whether or not we had been tested).
Hopefully this mans morals will some day kick in, and he will DO something, even if it mean he doesn't have sex for a while to learn how to deal with it. I'm sure he is not happy about the person who infected him, and maybe didn't even know, but none the less.....I'm sure he still harbors some kind of unforgetable issues that this was caused from that person.
take care all. and original poster. please keep us posted on how all is going.
Debbie
Post Extras:
|
|
|
|
Well, I have not said anything to him yet. I am discouraged because I don't want to tell him that what he is doing is okay because he won't get in trouble. So now, I don't have the law to help me, what can I do? Try to change his belief, values and morals? I don't think that is possible. I am very discouraged...
Post Extras:
|
Previous
Index
Next
Flat
Threaded
