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Yeah, I get the argument and I guess I'm sympathetic to it (stigma makes people with HIV feel like outcasts...). Sure. But... having sex with someone without telling them you have HIV is an extremely ****ed up thing to do. No, I don't think that person should go to jail for 10 years or anything, but seriously, what kind of person would not disclose that?
I'm all for fighting stigmas but this is a serious issue that demands to be taken seriously. Giving someone HIV because you were dishonest with them is a very serious thing.