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can we file charges
      #169797 - 01/13/06 04:25 PM

my sister has gotten HIV from a man she was with for 2 years. He never disclosed his status. Is there anything legally that can be done. I've heard no, except civil. I think that is crap. Why the hell not he put hear life at risk, and she will be paying for it for the rest of hers. If anyone knows about steps to take please let me know

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Post deleted by Becky new
      #169812 - 01/13/06 08:16 PM

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Re: can we file charges new
      #170077 - 01/17/06 11:59 AM

It depends on where you live, contact your local AIDS orginazation and they should be able to help you. I am from Canada and I have pressed charges against the person who gave it to me, and now so have 3 other people that were with him as well. It is a hard long process with lots of ups and downs. For me I pressed charges when I found out that he was still having unprotected sex and denying his status to anyone who asked him. I did it to stop him from infecting other people. Good luck

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Reged: 07/08/05
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Loc: New York
Re: can we file charges new
      #170284 - 01/18/06 02:47 PM

It depends on your location. If you're in the US, some states have laws about it, some don't. In any case, however, you would have to prove that the individual knew in advance about their condition.

Unfortunately, this is all too common a method of infection these days. And...I'm in that boat since I was infected by someone from a 5-year relationship who was fooling around outside the relationship...and wasn't doing it safely.

I also reacted in anger and wanted to take legal action at first, but over time, I've come to the conclusion that my own health and sanity are more important. Now mind you, I did let my ex know just what the impact has been on my life, and i did so in no uncertain terms.

Unfortunately, there's no such thing as a "fair" way to be infected with a disease. I've chosen to get over the anger and have made some very positive changes in my life which actually have made me happier and more self confident than ever.

Fortunately, thanks to modern medicine, it's been pretty uneventful once I got through the initial diagnosis period. I would urge you to be a supporting individual for your sister and reassure her that everything is going to be all right. Prolonged anger over the situation will harm you and your sister more than the individual who infected her.

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Re: can we file charges new
      #170636 - 01/20/06 11:48 PM

Very well said NY

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Re: can we file charges new
      #170759 - 01/21/06 11:21 PM

Don't "blame yourself". Because it is transferred as a result of humans being human. No blame.

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Re: can we file charges new
      #174897 - 02/13/06 09:33 PM

Whether or not you can file charges against someone who knowingly exposes and/or infects others with HIV I believe differs from state to state. The best way to find out is to check with the state that you're in. It's saddening to hear that this scenario is somewhat becoming the norm. I too was in a relationship with someone for just over two years, who exposed me to HIV. So far I've tested negative, but understand that I'm not quite out of the woods just yet and that I'll need to be tested again in a couple of months. Initially I was furious and thought about pressing charges, which in the state I reside, it's considered a 3rd degree felony and carries a sentence of $10,000 in fines and 5 years in prision.
Since I've not tested positive ( and God willing I never will), although he recently tested positive for HIV, I can not press any charges against him. I've also come to the realization that I'm not totally blameless in having been exposed, as I made the decision on several ocassions to engage in unprotected sex with him. Unfortunately, I did so not knowing the truth about his sexual past. Had I known about his past sexual behavior and the real risks that he'd been exposed to, I never would have engaged in sex with him period. Bottom line and to be on the safe side, assume that everyone you get involved could have something and act accordingly.

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