The Crime of Being HIV Positive
July 27, 2012
In Howell's case, the staff sergeant tested HIV-negative. She was brought to trial for not disclosing her HIV status, despite the fact that both parties consented to sex without a condom.
The simple fact is that it takes two to have protected sex, said Laurel Sprague, the Sero Project's principal investigator on its recent study. So, why should one person be sent to jail when both parties are responsible?
"I'm someone who just four years ago didn't see why criminalization was a problem," said Sprague, an HIV-positive woman. "My perspective has changed completely. ... Using the law in this way serves only to scapegoat people living with HIV."View Full Article
Comment by: michelle
Sun., Oct. 14, 2012 at 4:01 pm EDT
This story is this very reason why we need stiffer penalties for people that are knowingly HIV positive. Far too many are irresponsible, selfish, bitter, and or cruel. I do sympathize with all infected with this horible disease for many reason but regardless you literaly have a larger than life responsibility. The harsh reality is, when a knowingly HIV positive person decides he wants to have sex -verses- an un infected person (unassuming or unaware). The scenario changes from two people having sex -to- one person being unknowingly been victumized by way of posibly becoming HIV infected. Further if he becomes infected relitively soon after, continues in the way of unprotected sex and infecting others whom will also infect others. In the event that you are honest and respondsible, this person may continue to have sex but rather than refuse protection, this may become a vital practice because you have educated someone with your very life "the treat is real" You have the ability to save lives! You also have the ability to cause mothers to give birth to infected babies, children to be orphaned when infected parents pass on, the loss of daughters, sons, aunts and uncles, grand parents. If you are infected it is your responsibility to inform anyone whom you pose a risk too rather or not their are legal ramalfications after all, wouldn't you had rather to be warned if you weren't and if you were warned? Don't you have a clearer understanding of the cruelness of the disease? Would you want your grand parents, parents, children, nieces, nephews, cousins, aunts, uncles, or anyone you loved dearly to suffer with HIV or AIDS because someone infected them with out them even knowing it? Their no excuse for not informing others that you are HIV positive and if you dont you are potentiating a deadly assult on a multitude of innocent people.
Comment by: Jasmine
(New York, NY)
Fri., Aug. 24, 2012 at 11:39 pm EDT
Excuse me, but she knew that she was HIV position and still had unprotected sex WITHOUT INFORMING HER PARTNER? She deserves to be charged with a felony crime. How are we supposed to stop the spread of the disease if HIV infected people continue to have unprotected sex with people who aren't positive? Yeah, the other person should take responsibility, but the HIV position individual should too!
Comment by: michael
Fri., Aug. 24, 2012 at 3:10 am EDT
only way to settle this is for a similar case to enter the supreme court and have the final say.
either that or sue the states itself for discrimination to garner press and expose the ignorance that these states have become complacent in.
Comment by: Dave
Sat., Aug. 18, 2012 at 10:04 am EDT
Freddy Mercury said it best, "another one bites the dust" Unfortunately many HIV positives are fighting that battle from stigma and not nesesarilly the disease.
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