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Thats basically what he's arguing but many people oppose these laws because they say the laws unfairly target the gay community.
Not sure that is true. Would the same crime apply to Hep? To other STD's? To having an STD and not knowing it? (ignorance is no excuse when testing is free)?
We could continue down the same path....to any man who knows he is fertile and has sex which produces a preggy....should he then be charged criminally? After all, what are the odds he can pay the $$ and take the time to be a 50% partner in raising the child?
What if said man knows a terrible genetic disease is rampant in his family?
Lots of places this could go. I'm not up on the law, but I'd say it is probably covered under some existing statutes and could also be charged civilly.
Wasn't there a lot of righty movement about making doctors NOT responsible for their malpractice? So I guess if you have a Dr. license you can infect, molest, mistreat and so whatever you want because the Right wants you exempted???
If nothing else this all shows that life is complicated. Maybe insurance is the answer...you show me your binder and I'll show you mine. Tap our phones together before we tap other things together.
Not sure that is true. Would the same crime apply to Hep? To other STD's? To having an STD and not knowing it? (ignorance is no excuse when testing is free)?
We could continue down the same path....to any man who knows he is fertile and has sex which produces a preggy....should he then be charged criminally? r.
These things aren't as lethal as HIV.
With the exception of Hep C. And I think the law should apply to Hep C also.
But really, I don't feel sorry for anyone who has HIV and chooses not to disclose that to a partner. They aren't going to get my sympathy. If you have a disease, tell your partner and let them make an informed choice.
Intentional transmission is probably extremely rare (more or less limited to psychopaths and the like), unlike negligent transmission.
How is intentional transmission separate from being negligent. If a person is being negligent/careless and they don't use contraceptives, that almost seems like intentional.
Agreed. Callous disregard for the health and safety of another should be unlawful.
Reckless endangerment
"Reckless endangerment is a crime consisting of acts that create a substantial risk of serious physical injury to another person. The accused person isn't required to intend the resulting or potential harm, but must have acted in a way that showed a disregard for the foreseeable consequences of the actions"
"Reckless endangerment is a crime consisting of acts that create a substantial risk of serious physical injury to another person. The accused person isn't required to intend the resulting or potential harm, but must have acted in a way that showed a disregard for the foreseeable consequences of the actions"
What if you have an undetectable viral load? Or if your partner is on PrEP? Given that no one has ever contracted HIV under the above situations, the reckless endangerment charge shouldn't apply to the above scenarios if we are being intellectually honest with ourselves. I think that's what people mean when they say that some of these laws are outdated given the advances in medicine/treatment for the illness. Its too black and white when medical advances have created vasts shades of grey.
Should not disclosing HIV to partner be charged as a crime.
Pretty sure there was a "Law & Order" about this in the 90s. I can't remember the outcome of the episode. There is a good case to be made for charging someone who does not disclose their HIV-positive status to sexual partners. If you know you are positive and don't tell your lovers and don't use precautions, you're basically paying Russian Roulette with someone else's life.
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