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U.S. News

Iowa Court Hears Criminal HIV Transmission Case

September 12, 2013

On September 11, the Iowa Court of Appeals heard arguments in a case seeking to overturn the 2009 conviction of a man charged with criminal HIV transmission. The case hinged upon an incident in which the man, who knew he had HIV, failed to disclose his status before having protected sex with another man. The new sexual partner also performed an oral sex act on the HIV-infected man, who did not ejaculate at the time. The new sexual partner later reported the incident to the police.

One legal precedent for the case stemmed from the Iowa Supreme Court's 2006 decision to uphold an HIV-infected man's conviction for exposing his partner to semen during oral sex. Christopher Clark, a Lambda Legal senior staff attorney, explained why the Iowa Court of Appeals should not follow this precedent.

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