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Bear60
Legend

Reged: 12/21/05
Posts: 1390
Criminal Acts or Not?
      #204809 - 08/24/06 04:19 PM

Read carefully: the law only applies to exposing someone.....regardless of whether they test positive or not.

HIV law being challenged
LAWRENCE - A Kansas law meant to punish people who have sex without telling their partners they are HIV-positive is under dispute for the first time since it was enacted more than a decade ago.

An attorney for Robert W. Richardson II, an HIV-positive Lawrence man charged with exposing five women to the disease in the past year, is arguing Kansas' so-called "HIV crime" statute is inadequate because of ambiguity in its language and the punishments prescribed.

The law, passed as a misdemeanor in 1992 and increased to a felony in 1999, prohibits anyone with a "life-threatening communicable disease" from having sex, donating organs or sharing a needle with the intent of exposing someone else to the disease.

But attorney Thomas Johnson, Richardson's attorney, filed a motion Aug. 7 that argues the law is vague and overly broad.

Johnson pointed out that the wording does not reconcile "exposure" with the use of condoms and questioned whether HIV, the virus that causes AIDS, should be considered a "life-threatening disease" because victims typically die from AIDS or another disease that takes advantage of their weakened immune system.

Also, the law currently does not consider whether a victim actually contracts the virus. None of the women Richardson is charged with exposing in Douglas County has tested positive so far.


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6 ft tall poz bear in Philadelphia

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Jenni
Master

Reged: 11/06/05
Posts: 149
Loc: Texas, USA
Re: Criminal Acts or Not? new
      #204842 - 08/24/06 09:34 PM

I think that the laws need to be more specific...

What's to stop someone from saying that their + partner did not tell them when they did? Does a + person need to make anyone that they sleep with sign and notarize a statement saying that they were told?

It is just too easy for someone who gets pissed off to lie and potentially ruin someone's life.

How do you prove that you didn't sleep with someone/told them you were +/used protection?

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It's you that I live for and for you that I die.
So I'll lay here with you until the final goodbye

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alivehoping
Legend

Reged: 04/05/06
Posts: 655
Re: Criminal Acts or Not? new
      #204853 - 08/24/06 10:50 PM

to me i feel its a intentinal act with premeditated outlook,at least it should be considered as that if not some sort of depraved indiffrence.either way it should be considered illegal.if i had some ricin and gave some to somebody to hold in their hand without tellig them and they just threw it in the dirt they still get sick and die from poisoning,does that mean because they die from heart failure its not my fault because i had no contact with the heart to begin with?the legislature should be kicking into high gear on this before it gets to out of hand.if this law isnt kept on the books,there could be trouble brewing.i know here a young guy was convicted of 7 counts of attempted murder for having unprotected sex knowing he was infected,and not using condoms with the young ladies,its scum like that the law is needed for.its different if your not knowledgable of your illness,and that can be easy to know because at least here your doc has to tell the health department,so if its the same there then it can be found out if he knew or not,just by the health department records.the law is desighned for the benifit of the masses versus the individual,no matter how its intended to appear to the bill of right,and the constitution,alot of the laws are based on old world ways,times have changed and need to have better interpitations,based on the here and now not the pre civil war days,thats where the politicians should be using our tax money,not glutny,and self indulgence.sorry i have to get off this one i could go on forever,my mom was a judge,you know what im going to look into them books and see if i can find any cases about this subject and let you all know the law as it was in 1999,thats as far as my parents lived,take care

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alivehoping
Legend

Reged: 04/05/06
Posts: 655
Re: Criminal Acts or Not? new
      #204856 - 08/24/06 10:56 PM

good point,jenni,a husband or wife,freind,or plain old whore,can say what they want,but the burden is on the victim to prove it not the accused,so a liar just may do harm for either side of the fence when it comes down to it,not that i can imagine anyone wanting to get infected with hiv intentialy,but as the drugs prolong life there may be a few people who may want to test the waters in court,to possibly get a civil lawsuit,as they are easier to win.there are to many people who will do anything for money in this country,without regard for the others in the country.thats just my spin on it.take care

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dj1979
Guru

Reged: 03/02/06
Posts: 276
Loc: rural upstate NY
Re: Criminal Acts or Not? new
      #204926 - 08/25/06 01:01 PM

And I've been told all along to "let it go" and that the crime is basically not prosecutable. The guy I had an affair with supposedly knew he was positive, yet he never told me, never used a condom. If he didn't know he was positive, then why did he:
---stop having sex with his live-in girlfriend of 13 years nearly 3 years ago
---not ejaculate during sex until after my husband had left me and I was "free" and "his"?
---regularly attend AIDS conferences

Let him explain his actions come judgement day. Thanks for letting me vent.

Still angry......
--Donna


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Anonymous
Unregistered

Re: Criminal Acts or Not? new
      #205036 - 08/26/06 12:34 PM

I was told to let it go too, but I couldn't. The man who infected me knew for 5 years previous and just didn't care. I contiinued on an pressed charges as well as 3 other women he infected. I did it because after I confronted him he said because he was an athlete nothing would happen. He now is wearing a pretty ankle bracelet, confined to his house and is awaiting his trial date in October.
I take full responsibility for my negligence in protecting myself. I trusted the wrong person (but after 2 years why wouldn't you). But I went ahead because I found out that he was still having unprotected sex after and needed him to stop. He to this day denies his status, even though there have been 3 positive tests, he's on meds and recieves counseling.
Do what is right for you, but all will be judged in the end.


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Anonymous
Unregistered

Re: Criminal Acts or Not? new
      #205125 - 08/27/06 10:10 PM

If you think non disclosure is non prosecutable you have not been reading the news lately, a man recently got 22 years in Washington DC for not disclosing his status, a man on west coast was being tried for life inprisonment for same offenses, in some states the penalty is low 5 years, some high as much as life inprison, if you have any doubts just go too the Florida department of corrections link here: http://www.dc.state.fl.us/ActiveInmates/
punch in females, as for crime punch in 'sex offenses", and you will find some ladies serving time for "criminal transmission of HIV", you can find same in men categories but I suggested the women too narrow the field of search too a smaller number, and note they are classified as "sex offenders" yes once convicted of criminal transmission of HIV you have too register for life as a sex offender, imagine that as a added penalty. Do not believe anyone telling you they cannot prosecute or hang your hopes on some jury will believe you disclosed and then maybe angry ex lover is accusing you of not disclosing as a way at revenge against you, it can and does happen, as anyone knows their is a thin line between love and hate...! For that reason I have totally upon my diagnosis in 2001 decided too date only HIV+, I do not want or need the headache of being incarcerated for a error or some angry ex lover..!

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alivehoping
Legend

Reged: 04/05/06
Posts: 655
Re: Criminal Acts or Not? new
      #205140 - 08/28/06 12:25 AM

thats a good fit for you,but the other part of the population thats hiv positive and not dating the same as you do,face these typs of situations daily,and thats why it should be criminalized,but there will always be a he said she said or he said he said,type of scenario,which comes full circle of is it a crime or not,another question raised is how do you prove disclosure,the burden is on the victim to prove there part and what was said.next scenario,wife and husband both know about the status of hiv with their counterpart in life,and still have sex albeit protected or not is the positive person responsible for the transmission because the other party knew?tricky stuff.because it could still be considerd attempted murder,with special cercumstanses,crime of passion literaly,whos to say the other unifected person wont say the other partner was supposed to have a condom on,as they have always done ,lie or not?take care

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