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Old 08-02-2012, 10:54 AM
 
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Imprisoned over HIV: One man's story - CNN.com

This article actually made me angry in portraying the guy that did this as some sort of "victim".

Quote:
The laws, Schoettes says, are being used to stigmatize and marginalize people with HIV.
What a load of crap, when you have HIV and KNOW IT and don't tell your partner....you are the one that is somehow being marginalized and stigmatized?

Basic Statistics | Statistics and Surveillance | Topics | CDC HIV/AIDS

Quote:
CDC estimates that approximately 50,000 people are newly infected with HIV each year in the United States
There are about 15,000+ AIDS deaths each year in the United States.

Basically, this is a PC continuation of attempts to soften the stigma of HIV. It went so overboard in earlier attempts that the disease actually made a comeback in young gays since it was pushed as being not that transmitable and oh look it can be treated just look at Magic Johnson.

There are a number of guys like this out there that have been caught too.....how many haven't?
David Dean Smith, Michigan Man, Allegedly Spread HIV 'Possibly 100s Of People' To Kill Victims
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Old 08-02-2012, 11:27 AM
 
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I agree that not informing a sex partner of your HIV+ status should be criminal, but I don't think the circumstances of this crime warranted a 25 year prison sentence and having to register as a sex-offender.
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Old 08-02-2012, 12:11 PM
 
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Quote:
Originally Posted by hammertime33 View Post
I agree that not informing a sex partner of your HIV+ status should be criminal, but I don't think the circumstances of this crime warranted a 25 year prison sentence and having to register as a sex-offender.
I think there should be different classifications of sex offender. In this case though, he knew he had HIV and didn't tell his partner.....some sort of public label for doing that isn't a bad idea.

I don't know about the sentencing though, it's difficult and I admit he has *some* mitigating factors like using a condom but in the interests of public safety and the number of new cases and multiple people being caught knowingly infecting many many people that sometimes you have to make an example.

15,000 deaths a year in the US still. It's a dirty little secret that HIV is still out there, still spreading with 60k+ cases a year. This is the dirty laundry from the "HIV isn't so bad" PR campaign.
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Old 08-02-2012, 12:56 PM
 
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Quote:
Originally Posted by Mathguy View Post
I think there should be different classifications of sex offender. In this case though, he knew he had HIV and didn't tell his partner.....some sort of public label for doing that isn't a bad idea.

I don't know about the sentencing though, it's difficult and I admit he has *some* mitigating factors like using a condom but in the interests of public safety and the number of new cases and multiple people being caught knowingly infecting many many people that sometimes you have to make an example.

15,000 deaths a year in the US still. It's a dirty little secret that HIV is still out there, still spreading with 60k+ cases a year. This is the dirty laundry from the "HIV isn't so bad" PR campaign.
Come on. I'd be in less trouble if I drunkenly fired my gun into the air at a children's birthday party even though it'd be riskier than what this man did.

He was on antiretroviral meds with an undetectable viral load and used a condom during the sexual encounter. The transmission rate under those circumstances is pretty close to 0 - and it wasn't transmitted in this case. Driving down the freeway after 8 gin and tonics is more dangerous than what he did. Hell, his prison sentence was harsher than for most drunk drivers who end up killing somebody.

Like I said, not disclosing HIV+ status to a sexual partner should be a crime. I would think a 5 year suspended sentence where he serves 3 months (throw him in for the whole term if he does it again), a 20K fine, and 500 hours community service would be an appropriate sentence. This is nothing like these other stories we hear where an HIV positive man hides his status and purposely sleeps with and exposes as many women to HIV as possible or the drug addicted nurse who infects 100 people with Hep C. People like that should be locked up for a few decades, not this man.
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Old 08-02-2012, 02:38 PM
 
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Quote:
Originally Posted by hammertime33 View Post
Come on. I'd be in less trouble if I drunkenly fired my gun into the air at a children's birthday party even though it'd be riskier than what this man did.

He was on antiretroviral meds with an undetectable viral load and used a condom during the sexual encounter. The transmission rate under those circumstances is pretty close to 0 - and it wasn't transmitted in this case. Driving down the freeway after 8 gin and tonics is more dangerous than what he did. Hell, his prison sentence was harsher than for most drunk drivers who end up killing somebody.

Like I said, not disclosing HIV+ status to a sexual partner should be a crime. I would think a 5 year suspended sentence where he serves 3 months (throw him in for the whole term if he does it again), a 20K fine, and 500 hours community service would be an appropriate sentence. This is nothing like these other stories we hear where an HIV positive man hides his status and purposely sleeps with and exposes as many women to HIV as possible or the drug addicted nurse who infects 100 people with Hep C. People like that should be locked up for a few decades, not this man.
I hear you and I would agree the sentence is pretty high.

If I'm the judge I'd still give the guy jail time. Again, it's more of a public interest type crime and whether he actually infected the guy or not is moot.

There have been MANY cases of people not being malicious but just not caring about risking HIV. There was a female prostitute I read about not long ago that was put away for this crime and of course the odds of her transmitting to a John was pretty low.

I just don't like seeing the HIV menace continuing and it being played off as over and not a big deal if you happen to get it....and the comments in the news article follow right along the lines.

Re-read the article and digest some of the comments about how not disclosing your HIV status to a sex partner is unfair and stigmatizes them blah blah blah. Really really offensive stuff. I'd think gay males in particular would be angry over comments like that since they still have about 1/2 the new HIV cases in the US and are maybe 2-3% of the population. The HIV infection rate for a young gay male has to be about 100x higher than for the general public.
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Old 08-02-2012, 02:46 PM
 
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Quote:
Originally Posted by Mathguy View Post
I hear you and I would agree the sentence is pretty high.

If I'm the judge I'd still give the guy jail time. Again, it's more of a public interest type crime and whether he actually infected the guy or not is moot.

There have been MANY cases of people not being malicious but just not caring about risking HIV. There was a female prostitute I read about not long ago that was put away for this crime and of course the odds of her transmitting to a John was pretty low.

I just don't like seeing the HIV menace continuing and it being played off as over and not a big deal if you happen to get it....and the comments in the news article follow right along the lines.

Re-read the article and digest some of the comments about how not disclosing your HIV status to a sex partner is unfair and stigmatizes them blah blah blah. Really really offensive stuff. I'd think gay males in particular would be angry over comments like that since they still have about 1/2 the new HIV cases in the US and are maybe 2-3% of the population. The HIV infection rate for a young gay male has to be about 100x higher than for the general public.
I think anyone who doesn't disclose HIV+ status before sleeping with somebody - even if taking precautions like drug therapy and using condoms - is despicable. I also think anyone who doesn't ask a person about HIV status before sleeping with him or her is an idiot and at partially responsible if he or she ends up contracting something.

In the case of the former, I think a harsh prison sentence is deserved if there is a clear intent to try and infect others. I laid out what I think would be an appropriate sentence for the circumstances in this case (3 months served of a 5 year suspended sentence, 20K fine, and 500 hours of community service). I also think this kind of sentence is what a drunk driver should get on a first conviction. I put them both on the same level of reckless endangerment.
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Old 08-02-2012, 10:07 PM
 
78,416 posts, read 60,593,823 times
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Quote:
Originally Posted by hammertime33 View Post
I think anyone who doesn't disclose HIV+ status before sleeping with somebody - even if taking precautions like drug therapy and using condoms - is despicable. I also think anyone who doesn't ask a person about HIV status before sleeping with him or her is an idiot and at partially responsible if he or she ends up contracting something.

In the case of the former, I think a harsh prison sentence is deserved if there is a clear intent to try and infect others. I laid out what I think would be an appropriate sentence for the circumstances in this case (3 months served of a 5 year suspended sentence, 20K fine, and 500 hours of community service). I also think this kind of sentence is what a drunk driver should get on a first conviction. I put them both on the same level of reckless endangerment.
You make some good arguments, I totally respect your thought process.

I wonder if this might be a case of difficulty or just laziness in crafting adequate penalty guidelines for the various cases without making them so vague that they are useless.
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Old 08-03-2012, 11:17 AM
 
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I am still surprised no gays with long teeth aren't in here yelling that HIV is everyones problem....
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Old 08-04-2012, 08:41 PM
 
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Originally Posted by Mac_Muz View Post
I am still surprised no gays with long teeth aren't in here yelling that HIV is everyones problem....
Actually....if you look at the stats....it is now.

It is afterall, just a disease, it just happens to be more easily spread some ways.

Hetero women are actually a pretty major group for new infections.
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Old 08-04-2012, 09:28 PM
 
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Mathguy, How is that? the hetero females?

I figure me and mine are with in reason safe..... We don't play around.. We hope to not need any surgery. I must be missing something, and i don't set about all day sweating what happens to gays over which i have no controll.
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