Advertisement

The Body: The Complete HIV/AIDS Resource
Follow Us Follow Us on Facebook Follow Us on Twitter Download Our App
Professionals >> Visit The Body PROThe Body en Espanol

Should A Person Hiv Positive Be Subjected To Criminal Prosecution

Here's a taste of what TheBody.com has to offer on this topic:
Connect With Others

Worried about criminal prosecution PLEASE help

Posted by dmb147, 5 Replies
I just told someone who I had unprotected sex with about 24 hours ago that I am positive and she is freaking out, I am very worried about being prosecuted. Couple things:
I live in NYC
I didn't cum/orgasm
I asked her for a condom and she didn't... Read more »

Criminal transmisson of HIV is prosecutable!

Posted by Anonymous, 2 Replies
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... Read more »

Criminal Acts or Not?

Posted by Bear60, 3 Replies
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... Read more »

Can he be prosecuted?

Posted by Anonymous, 2 Replies
I had a close call two weeks ago, I had oral sex both giving and receiving to a man I later found out was postive. I was just tested and I am negative, but now there is a waiting game for the next three to six months. I am reasonably confident that... Read more »

Controversial Subject

Posted by pozmarie, 2 Replies
I am a 29 year old woman who has been HIV poz for approx. 10 years. I have a CD4 of approx. 800 with undetectable viral load. I had one daughter young before I contracted HIV and did not get married but remained good friends with her father.
Fast... Read more »
Ask the Experts

Criminalization is a shame and absolutely useless (CRIMINALIZATION OF HIV) (CRIMINALIZING HIV NON-DISCLOSURE, 2009)

I was reading the article about the Iowa man sentenced for 25 years because he didn't disclose his status. If we continue so nobody is willing to make the test and the consequences would be devastating. I know people that refuses to get tested...
Robert J. Frascino, M.D.

Response from Robert J. Frascino, M.D.

The Robert James Frascino AIDS Foundation
Hi,I absolutely agree with you! Criminalization of HIV non-disclosure is counterproductive. I'll reprint below some information from the archives where I discuss this topic.Dr. BobYou miss the point entirely Feb 23, 2009 While I generally... Read more »

I agree with Dr Bob about criminilizing of non disclosure (CRIMINALIZATION OF HIV) (CRIMINALIZING HIV NON-DISCLOSURE, 2009)

Hello, Dr Bob! Thank you for your always caring answers. I would just like to tell you about the situation in Sweden where I live. Sweden is the only country in Europe where its a criminal act not to disclose your hiv positive status before having...
Robert J. Frascino, M.D.

Response from Robert J. Frascino, M.D.

The Robert James Frascino AIDS Foundation
Hello Mr. J.,Thank you for writing in with a real life example of the negative consequences associated with criminalizing HIV nondisclosure!Dr. BobYou miss the point entirelyFeb 23, 2009 While I generally respect your advice and opinions...I must... Read more »

criminalizing hiv non disclosure (CRIMINALIZING HIV NON-DISCLOSURE, 2009)

I would like to forward my appreciation to Dr Rob for being so informative and unprejudice.I have one question and one rant.If I am aware that someone had intentionally and knowingly been irresponsible regarding their HIV status and as a result...
Robert J. Frascino, M.D.

Response from Robert J. Frascino, M.D.

The Robert James Frascino AIDS Foundation
Hello,Sorry, but I have to once again strongly disagree with several of the points you made in your rant/question. Cases of someone "intentionally and knowingly" transmitting HIV are extremely rare. If this occurred during nonconsensual... Read more »

"Criminalizing" HIV

I usually agree with most of what you post Dr. Frascino, but I don't entirely agree with your position on this topic. I do agree that in some cases non-disclosure may be unintentional and that safer sex precautions should be used with every...
Robert J. Frascino, M.D.

Response from Robert J. Frascino, M.D.

The Robert James Frascino AIDS Foundation
Hi,Thanks for your post. The issue of criminalizing HIV or HIV nondisclosure is complex and your arguments are the ones most often presented in support of criminalization. The reason I disagree is that criminalization of HIV nondisclosure has been... Read more »
Articles
Test Positive Aware Network

Prosecuting HIV: Take the Test -- and Risk Arrest?

Imagine meeting someone online, having a nice chat, and then deciding to hook up. You have HIV, but you're adherent to your meds and have had an undetectable viral load for years. You and your sexual partner use a condom. Sometime later, the partner... Read more »
ACRIA and GMHC

Prosecuting HIV: Take the Test and Risk Arrest?

Imagine meeting someone online, havinga nice chat, and then deciding tohook up. You have HIV, but you'readherent to your meds and have hadan undetectable viral load for years. Youand your sexual partner use a condom.Sometime later, the partner... Read more »
ACRIA and GMHC

Prevention or Prosecution?

On May 24th, Queerocracy, a NewYork City grassroots organization,held a community forumon HIV criminalization at theLGBT Center. Entitled "Prosecution vs.Prevention", it highlighted the many abusesthe U.S. criminal justice system appliesto people... Read more »
The SERO Project

HIV Accusations and Prosecutions: What Do You Think?

People living with HIV, partners, friends, family, community members, workers in HIV fields, advocates, and allies -- share your thoughts with us! Click here to take survey . We'd like to hear the views of people living with and affected by HIV... Read more »