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mandinka
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Reged: 12/05/05
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legal aid and bug-chaser
#166176 - 12/05/05 11:33 AM
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I am seeking legal aid and advise for my friend who is in jail and headed to prison. He had a fallout with his girlfriend and she accused him of transmitting the hiv virus to her even though she was already hiv positive. She was a known bug-chaser in the community she lived in and had contracted the virus a few months before she had met her now ex-boyfriend. Please let me know if there's any help out there.
Thank you,
Mandinka.
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debtex
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Legend
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Reged: 03/21/05
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Well, if she had been with alot of people it will be hard for her to PROVE it was from him that she contracted hiv. I know most states have different reprecutions as far as WHOS AT FAULT when contracting hiv. (in the state of MASS, there arent any). but again depending on where you live, you would have to find out WHO she had been with....then probably would have to get that person to be tested. (and in fear of having it...or even getting in trouble for it....they may not be willing to help).
What state do you live in anyway?
good luck
love and prayers,
debbie
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Thanks Debbie. Both parties are in Georgia and you are right, she would not disclose who she had been with and the judge could have cared less. My friend had only 30days to file an appeal but because of financial difficulties he could not. I hope many people will read this thread because it could happen to them. He is the 2nd person I know that is going through this and God knows how many others there are out there. If you know of any legal assistance for positive individuals pse let me know. God bless you. MANDINKA
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debtex
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Legend
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and he did disclose his status to her right? Had she ever been to him to the phsyicians office? because if his physician can verify that she had come to a visit & she was aware of his status.....then it may really help him. I dont know if your state mandates condom use if you are positive, but did he if so?
How do you know she was a "bug chaser"? Has she slept w/ alot of people? If she knew his status....its possible, but if her status is something she is just discovering, or even heard thru the grapevine--and thats what they fought about, then she may have a case. I just dont know the whole situation...I'm just thinking of possible scenarios.
....you may want to ask some kind of aids organization....alot of times they have legal people you could talk to.
best of luck, keep me posted.
Deb
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Hey Deb,
she used to visit a rainbow ctr which housed positive people and she had alot of positive friends. she approached my friend one day and confided in him that she was positive or so she thought and was afraid to go to the docs. he informed her of his status and took her to see his doctors and she started her meds. she was interested in a relationship with him and when things did not work out she called the police. unfortunately they were both not using protection and she conceived so the child may be his or not. we will wait and see. i have called a few aids org and no one has responded.
MANDINKA
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debtex
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Legend
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Woaw....thats going to be pretty hard for her to prove that it was because of HIM that she is positive. Was she tested at his doctors office? (because if that is the case....then there is documentation that she KNEW his hiv status) and that may help. she may not really have alot holding this at all. He is not currently IN jail for this, is he??
I'm sorry, did you say what state you live in?
keep me posted? I would be willing to help find out anything if I could. but I know some states handle things differently.
deb
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mandinka
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Hi Debbie, i apologise for not replying immediately. Yes they saw the same doctor. He was sentenced to three years and four months in prison and he is devastated. I have tried all i can to help him and i am about to throw in the towel.
MANDINKA
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debtex
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Oh I CANT believe that!! Especially if there is MEDICAL documentation to PROVE that she had been to his doctors and KNEW he was positive. You should have him request a copy of his medical records for that office. (I understand he is incarcerated, so perhaps YOU can pick up a release of information and have him sign it.....and sign it so that it can be released to YOU). What state do you live in anyway? It doesnt seem right that there is documentation in medical records, but yet HE is being blamed as if she didnt know. It depends on where you live as well.....I dont know how some states handle it even if the person DID know he had hiv...and still had unprotected sex? Some things dont seem right to me, such as....if one is aware of a status.....it doesnt seem right that they could go to jail because BOTH parties participated in unprotected sex! (I mean in the state of Mass...its not even required that you MUST tell your status, EVEN if you have sex without protection OR disclosure)...it is probably one of the only states that EVERYONES privacy...is just that....THEIR PRIVACY!!
I know it wont be easy, and maybe may not make much of a difference (depending on where you live), but can you try to do the medical record request? It doesn seem right that he get that much of a punishment if she knew. What the heck kind of lawyer did he have....TO NOT insist that the documentation may help!!
I'm sorry your friend is going thru this.....The law is so weird and varies from state to state in regards to disclosure.
get back to me soon.
love and prayers,
debbie
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Its a nightmare Debbie. He is in Georgia and his lawyer suggested he appeal but he had spent so much money already and could not afford it and that's why i am trying to get any help i can from any legal aids organizations. i have made call after call but to no avail. i have not received a single reply. his doctor was sub-peoned but could not make it to court and i don't know if he gave any medical records. he had thirty days to appeal and the deadline is Dec 15. What made his case really bad was that the woman was expectant so that's proof that they had intercourse but we will never know who she got the virus from.
MANDINKA
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debtex
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It doesnt matter WHO she got the virus from . What matters now most was the fact that she KNEW!! and now that they are no longer getting along....she wants to see him suffer-- to lash out!...and what she is doing is WRONG!! I have been with my husband for 8 yrs...and you better beleive if it got that ugly and he EVER tried to pull some stupid shit like that...the FIRST thing I would do is pull those medical records to verify the MANY visits he went on with me....and the visits that he had with this doc as well......with documentation proving that he knew!!! I cant beleive there is an aids organization who have legal services who are unwilling to help....especially where there may be proof that he did not do this maliciously.
I am praying for your friend. of course I know the clock is ticking.....but can he appeal again....if he knows he is innocent of this....then it IS worth it.
good luck, and prayers,
debbie
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mandinka
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Thanks Debbie i am soing the best i can to help him. He does need our prayers.
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