HIV Positive Criminals: Have Sex, Go to Jail
This may be the defining HIV issue of our time, and it is a true test of our compassion and understanding of both HIV stigma and the law. Please read this closely.
Around the country, and without leadership or guidelines from the Federal government, individual states have taken it upon themselves to draft laws that "protect" people from those of us with HIV. Whether using bio-terrorism statutes or simple "assault with a deadly weapon," people with HIV who do not disclose their status to their sexual partners are risking arrest and prosecution.
You're already having a visceral response to this scenario, aren't you? You may have the vague feeling that anyone who doesn't disclose their HIV+ status to a partner probably deserves to be punished. Don't worry, you're not alone. Not only do most people support laws forbidding sex without disclosing an HIV+ status, but even a majority of gay men support such laws, and it is understandable, albeit a misinformed view, as to why.
Many of us know someone who was infected by a partner who didn't disclose their status, or even lied about it. I have friends who dated someone claiming to be negative, until they found a telltale prescription drug bottle and then discovered they had been infected. Worse yet are the news reports showing some big, scary black man who has been raping white women and infecting them with HIV. How could anyone argue against bringing these liars and malicious infectors to justice?
But the sad fact is, most prosecutions under these laws are not being imposed against those who are deliberately malicious or even criminally negligent. They are being imposed using not science, but the same ignorance, stigma, homophobia and racism that has plagued HIV/AIDS throughout the years. And well intentioned people like you and me are buying into it.
In Texas, a man is serving more than twenty years for spitting on a cop, despite the impossibility of transmitting HIV. And in the vast majority of cases against people having sex without disclosing, no transmission even occurred. In fact, whether or not there was any real risk of transmission is of little concern to prosecutors. People on medication with no viral load, for whom transmission is a remote possibility if at all, are being sentenced to jail time for not disclosing... even if they used a condom and did not transmit a thing. And the sentences are outrageous: decades of jail time in many cases.
Consider the black woman for whom disclosing her HIV status is more than a mere embarrassment; it could mean the collapse of her support network, the loss of a job or even physical danger. She is a compliant patient with no viral load, and insists her sex partner uses a condom. He somehow learns of her HIV status, calls the cops, and she is prosecuted and imprisoned. These are not fantasy scenarios, they are happening with increasing speed around the country.
The effect of these laws on public health is sobering. If those who know their status risk prosecution for not disclosing, and those who don't get tested at all can have sex without legal consequences, how does that draw people into HIV testing? As activist Sean Strub says, "Take the test and risk arrest."
The laws in some states are written so strictly that it is a legal risk for any HIV positive person to have sex at all. [Editor's Note: See Sean Strub's 2-minute video below for specific examples.] All the prosecutors need is to know you are HIV positive and you had sex with your accuser. If the accuser claims you didn't disclose, you're in for an uphill battle convincing a judge otherwise. You're saddled with the distasteful nature of any positive person actually having sex, and if it was gay sex, well, God help you.
Activist Sean Strub has taken this issue up as a personal crusade. I first met Sean two years ago when I produced a video blog with him discussing the issue of HIV criminalization. He took it to the United Nations AIDS Committee last month, and brought along two heartbreaking stories in the testimony of Robert Suttle and Nick Rhoades—the men you see pictured above.
Watch Sean's own testimony about people with HIV being viewed as "vectors of disease," with less rights but more responsibility to disclose, and you may view this issue quite differently than you do now.
Is your record of disclosing your status perfect? Mine isn't. I have been a compliant patient for many years and have an undetectable viral load. There has been instances in which disclosure felt unsafe, or I was in environments such as public sex clubs in which no one is asking or telling.
I don't believe I deserve to go to jail for those indiscretions. Do you?
Sean has created a trailer for a film he is producing called HIV is Not a Crime; we've included it below. You can also watch Robert Suttle and Nick Rhoades' incredible testimony at the United Nations AIDS Committee last month on Mark S. King's wesbite My Fabulous Disease.










Comments
Everyone is responsible for their own health! Be real! Any sexual contact you have is HIVPOSITIVE, UNLESS THEY CAN PROVE MEDICAL WISE VIA TEST THEY ARE NOT. That does not guarantee 100 percent. They may have gotten infected previously by a hot guy that does not give a fuck about them. Your lover you thought was loyal to you may be injecting you with aids and not telling you. Perhaps he is hiv positive and hush hush about it. Take responsible for the only life you will ever have. You are not coming back! How can you be stupid and trust anyone. The medical Doctors do not. Why should you loose your army of t-cells for a quick nothing,worthless,sex with a dead beat that does not care if you end with need your diapers changed every few hours! If you get hiv, please blame yourself, cause you did not care of your own life. Simply join the sad,sorry world of aids where even the weathly that have everything don't make it. Plus the government is cutting back on medication programs. Remember: We make genetic hiv cocktails for everyone out of the usa, but insist on charging you a premium for you medications within the usa. If you get hiv. Look yourself in the mirror and state inside your mind, it's my faught. It's 2012 and aids has been around for over 30 years. Have you read the news. More young men infected by hiv in the latin and black community. Knowone care about your health but you, cause you didn't care!!!!!
How can there be a cure for aids when people are infecting others without any guilt. What about the bath whore houses still open slowly killing people. What does a hiv positive have to loose by killing someone else. Answer: Nothing.
Its happening in Chicago alot. Hiv positive men are infecting sexual partners with hiv. They know they are hiv positive and even show facial atrophy from the medications being taken. They post ads on craigslist for potential hook-up, but fail to tell them they are hiv positive. And they are have the time of their life infecting others! Sexual contact beware!!!!
More than 2 decades ago health care providers created and adopted what are now known as Universal Precautions that are used in treating ALL patients in response to the HIV/AIDS Pandemic. These precautions begin with the premise that at any moment in time it is impossible to know the HIV status or the presence of a long list of other sexually transmitted and/or other infectious diseases of any presenting patient . It is time for everyone to adopt this principal in their own lives and act responsibly, which means disclosing any infectious disease(s) to potential sexual partners and using condoms during penetrative sex. Since HIV seroconversion cannot be determined for at least 6 weeks after infection, well meaning people who are tested regularly may have reason to believe they are HIV- when in fact they have been recently infected, hence the need for the Universal Precaution of condom use.
As someone who has been living with HIV for 30 years I would not have penetrative sex with someone who did not know my status. This ensures that any potential partner can make his own decision and provides the basis for my knowing about his HIV status and any other sexually transmitted or other infectious disease(s) he may have acquired.
Some argue that since my viral load has been undetectable since 1996 and my risk of transmission is so minimal that it is irrelevant there is no need to share this information with a potential sexual partner. I disagree. It is my view that everyone has the right to determine their own risk tolerance. It is also their responsibility to ensure they know the status of any infectious disease I or other partners may have acquired. And we must remember that anyone living with HIV is at increased health risk by acquiring another sexually transmitted disease, e.g., genital herpes, HPV, syphillis, and countless others.
This notwithstanding, state laws that make it illegal for any adult living with HIV to have a consenting sexual relationship are egregious denials of personal freedom, rights, and responsibilities, serve to decrease the efforts to destigmatize HIV, and discourage those at risk to be tested and if positive to enter into appropriate treatment. People die as a consequence of ALL known infectious diseases everyday. Singling out one such disease for separate and unequal stigmatization and criminalization is morally and ethically wrong and ignorant.
I’ve been a provider for HIV affected people for over 18 years. HIV services in big cities across the USA are free. I don’t believe we are having this conversation after 30 years of trying to put out there the prevention message. We all know that if you are having or doing penetration you wear a condom. If you use needles you get them clean at the closest drug store or clean them with bleach. It is as simple as that.
Condoms are very effective and have been saving lives for many years now and prevent you for many things besides HIV and I won’t get into that right now. These are all very ridiculous arguments. Prevention should start at home NO ONE REGARDLESS SOCIAL CLASS; RACE OR RICHNESS is not safe to be at risk to be infected with the HIV virus! Churches and schools should be given away that information to people. Now there is Middle America the one that is not to be touch or wounded in any shape or form because their God would protect them all they need to do is support their government and of course with elections coming up the politicians need to revive the same old issues they have used to scared people and get them on their sides for few decades now. That’s why we end up with stupid good for nothing presidents and a bunch of people infected with HIV.
The only one to responsible is oneself. Wake up out of the vogues dream and take thing by the hair this is bigger than one person it is all a game that we keep playing and it keeps getting us deeper in the shit. The only thing we can do is educate ourselves and become humble about society issues.
the level of naivety,righteousness and not the least hypocrisy that the article generated seem to show that the first people that need to be educated regarding HIV in particular and STD in general, are gay men themselves.
I have picked up some things and wish to address some of those:
1. Some people say- HIV+ people should stop having sex, so they do not put anyone in risk. In answer to such suggestion I would answer:You should stop having sex if you think there is chance you will be infected. Both sentence are unrealistic.Sex is part of life and not having sex at all is also not very health for your mental well being. And jerking off is not a permanent solution as it luck the interaction you have with someone else.
2. A recurring argument- "he should be honest and tell the truth" - the world and the people live in it are not perfect. To some degree, we all lie(even those who swear they never lie, lie when they say that sentence), once in a while during the course of our life. Small lies, big lies.Lying very often or just now and than. (just think about the hot guy you met on the internet, that was not so hot when you met him face to face). why we lie? because it helps us to go through life.it help us to survive.
3. When someone lie he need someone who will accept his lie. And the reason why we accept someone's word is based on feelings and not facts. "he looks trustworthy", "I ask him a direct question, I'm sure he cannot lie to such a question",.ect. ect. and when it comes to sex, we think with our dicks and not with our brain and the when we have hot sex(or even the chance for) we will take his word for it, even if we don't have any proof at all. We choose to believe someone because it is convenience and seem to be less complicated and if something does go wrong, we can always point a finger to someone else and do not take responsibility for our own choices.
4. I started having sex with men at the beginning of the 80's. From that stage on I have always assumed that people around me are hiv+ and also knew that as a gay man, there is some chance I will be infected with hiv. Why?because even condoms do not provide a 100% protection and all you need is one time when condom break and I could be infected. I have made a decision, from that point, that I will always have safe sex and that I will have sex only on my terms. It meant that if someone wanted unprotected sex, I would say no.If he insist, I would stop and leave. In some occasions I had to stop and sex and leave. In other occasions, the guy wanted to continue and was willing to have protected sex.
5. For me, if someone is having unprotected sex, he is most likely to be HIV+. Is it true assumption? probably not.Not all people who practice unsafe sex, are also hiv+, however it keeps me on guard and keep me out of trouble. I have no problems having sex with the guy, but it will always be on my terms and it will be very clear from the beginning that unsafe sex is not an option. It is up to him if he wish to continue or not.
6. Disclosure of hiv+ status: hiv+ is a personal thing.Some can be more honest about it than others, and it's each person decision to who he tells and when. And some people just don't want to know what the status of their sex partner. I suspect that some of the people who are a fierce supporters on such disclosure, will have difficulties disclosing their own status, if they are to be infected. Big words are not always becoming an action when you stand in the same situation. I would prefer that when asked a direct question, people will be honest and strong enough to answer the question in an honest way.But as I said before, people tend to lie and it depends on the person itself if he is able to be honest or not. I draw the line when it comes to a relationship. If you meet someone and it becoming a serious thing, than you should tell and give the guy a chance to make a choice.
7. When you do start a relationship and think of having unsafe sex-go and make test together, so you can be sure that you are both hiv-. Assuming something is not good enough. And if you are having an open relationship, either you test on a regular basis or either you decide that you always have protected sex. Don't leave anything for chances.
The bottom line is that everyone is responsible for its own action and for the choices he made. You made assumptions and thought you had sufficient information and ignored other signs that may contradict your assumptions and it is your choice.No one has made the choice for you.No one has forced you to believe someone who said he is hiv-, no one has forced you to have unprotected sex. It is always your choice. If someone force you do something against your will, than you were not a willing participant and had no choice.But in most cases it is your choice and therefore responsibility.
Take good care of yourself.Sex is fun and should remain so. hiv+ people have every right to enjoy sex as hiv- people and they should not be excluded from this joy just because they are hiv+.
Being an HIV+ man, I can tell you, I agree with the laws. Anyone I have sex with, or anyone that shows an interest in getting with me, is informed up front. I don't plan on going to jail for having sex. Guys that don't inform are just plain stupid. Someone you play with could come back at you with the law, or something worse!! I will have been poz for 13 years in a couple of months, and plan on living a long healthy life.
I share your comment.I been infected by a partner that not been honest in the last year (detected 6 months ago) ,but it sure I won't do same to others.
Each one approching me for sex is told about my status and I even very reluctant to have sex with negative guy anymore.
I make the following comments as a gay man. HIV is lethal. That means that it kills people. Here is another thing that kills people: poison. Not being required to disclose that one has HIV before potentially passing it on to their sexual partner is like saying it's okay to poison someone's food without telling them. Both scenarios result in the same thing: potential death. When you kill someone, whether via HIV or poison, it is called murder. Last I checked, murder is illegal. If that isn't enough, how detestable must one be to conceal the fact that they might kill you if you have sex with them? At least when you get into a car with a drunk behind the wheel, you generally know they are drunk and that there is a chance you will die. It needs to remain a legal requirement that life-threatening and contagious conditions be disclosed when there is a risk that they will be passed on. Anything else is condoning psychopathic behavior.
It seems that you still live in the 80's or 90's. You misconception is frightened and demagogic. Your comment suggest that I was right-gay men are the first one who need to be educated about hiv.
hiv is no longer lethal on the short term.Today medications have made sure that it will be considered as a chronic disease. Life expectation of hiv+ people has increase substantially and it is no longer the death sentence it use to be in the past.
I don't think that any person not disclosing his hiv status is a murder, unless he goes and infect people intentionally(and I don't think people who want to get infected are suicidal,just plain stupid). And when you are having sex with someone and it consensual, it is up to both people involve to make sure they have done everything to protect themselves,regardless of they are aware of each other hiv status or not.
it saddens me to hear their stories specially the guy who got 25 years and a hell of a probation.
its extremely unfair how positive people are treated. im negative but i would have sex and a relationship with a positive guy. the simple solution is wear a freaking condom is that such a hard thing to do geez? and personally this my opinion but i think that anybody who has sex should wear protection and there no excuse not to and many reason to wear them. some guys say condoms take away pleasure. Bullsh!t they even make sensitive condoms that feel like you aint even wearing a condom. pros to wearing a condom safe fun worry free sex, the ability to have a partner who you know you wont get infected by or you infect them, you contribute to the reduction of aids and hiv by being smart.
if all people would use a condom then minus broke or slipped condoms which is rare as condoms are 97% effective. ive only had a condom slip one time (funny story had sex where not supposed to rush to pull out and zip up i left the condom in his anus lol) but it only happens cuase lube got inside the condom (im small condom big lol) basicly it seems that there is a total lack of education on safety of sex. and excuse me but i think if your old enough to have sex and are going to have it then educate yourself and use protection.
it is ridiculous these people on here blaming their partners grow up as it is so famous of a saying it takes two to tango. if you are having sex and aint being raped you made a choice so make another choice and wear protection or if your being penitrated then demand your partner wear protection or he gets no sex its that freaking simple.
what i see other than the legal system abusing a hated minorityto gain money and lock people up (police state plan) ruining reputations is a bunch of bitter exs who want to get back at their ex for what ever reasons be it cheating or whatever or as is often the case its cause the "victims" (and i use that term sarcasticly) are imature and cant take responcability for themselves.
so to some it up the key thing you should have learned by reading this and the story is.
(i say this in many ways so you might understand)
dont be a fool rap your tool
Wrap it in full before checking his oil.
(
the rest may say her but it means either gender)
1) If you really love her, wear a cover
2) Don't make a mistake, cover your snake
3) Sex is cleaner with a packaged wiener
4) If you can't shield your rocket, leave it in your pocket
5) No glove, no love
6) If you think she'll sigh, cover old one eye
7) Even If she's eager, protect her beaver
8) No one likes a horses ***, protect yourself at climax
9) Shield her from the hunt until you shoot her in the ****
10) Avoid a frown, contain your clown
11) Harness the pygmy man before entering the bearded clam 12) Constrain the little head before you stick it in the shed
13) Put a condom on your dink before you dart it in her sink
14) The weasel you must surround before you please her on the ground
15) Cloak the joker before you poke her
16) Encase that torch before you paint her porch
17) Cape your throbber before you bob her
18) After detection sheath your erection
19) Before you penetrate hide your magistrate
20) Don't surprise her plug your Geyser
21) Cover that lumber before you pump her
22) Protect her wrinkle before you sprinkle
23) She won't bristle if you wrap your whistle
24) House your noodle then release your strudel
25) Put your dog in the pound and make her yelp like a hound
26) Shelter your jerky then nab that turkey
27) Cage that snake then shake and bake
28) Cover your peter it will be much neater
29) Coat that Labrador then allow him to explore
30) It's always funky to cage your monkey
31) It won't be funny with a coatless dummy 32) It won't be fun with an unwrapped thumb
33) It's not much money to catch your honey
34) Don't be a fool cover your tool
35) Hood that match then scratch that thatch
36) Stitch that switch then itch her niche
37) Wrap that tool to catch the drool
38) It ain't no jibe to protect her hive
39) Contain that sputum before you use him
40) Restrain your log then plow her bog
41) Glove your pecker before you check her
42) Coat that slimmer before you prime her
43) Condomize then womanize (or sodomize)
44) Cover old pete then grind her meat
45) Guard your peter before you meet her
46) Check your list before you tryst
47) Wrap your bate before you mate
48) Can your worm before you squirm
49) Cover your pipe you dumb *** wipe
50) Contain your lizard then tickle her gizzard
51) Bag the mole then do her hole
52) Cuff your carrot before you share it
53) Jail your number then call the plumber
54) Cover your vein then drive her insane
55) Wrap that pickle then slip her a tickle
56) Protect your dink then fluff her mink
57) Restrain your lantern then stick it in her cavern
58) Hide ole harry then take her cherry
59) Wrap that spout then bore her out
60) Conceal your train don't cause her pain
61) Guard your bridge then do her ridge >
62) Shroud your trout then make her shout
63) To make her squat like a turkey, cover your Jerky
64) Box your blister then poke her in the whiskers
65) Wrap your spout to catch the trout
66) Plug your funnel then enter the tunnel
67) Cover your steamer before you ream her
68) Protect that fish then dip it in the dish
69) Contain that bass for a swim in her glass
70) Be sure to wear it to feed her ferret
71) Clothe the ***** before you hone her
72) Got no protection? Can't use your erection!
73) Cork your pump or you don't hump
74) No unwrapped stags get between my legs
75) Dress that erection to make a deflection
76) Contain that shanker before you spank her
77) Cap that seeder before you breed her
78) Stop the stream before you cream
79) Secure that ladder then drain your bladder
80) Protect your screw to catch that glue
81) Package your meat for a real neat treat
82) Holster your gun then shootings more fun
83) Canvas that trailer before you nail her
84) Garage the tractor then attack her
85) Net that grass hopper before you pop her
86) Sock that wanger before you bang her
87) Pen that rooster, she'll be much looser
88) Trim your hardwood then do her real good
89) Garnish your oak then give her a poke
90) Pouch your associate then go fornicate
91) Smother your affiliate before you ejaculate
92) Confine your fascinate before it regurgitates
93) Catch that goat before it bloats
94) Ensnare that barbarian then do her abdomen
95) Restrain your hammer then wam bam her
96) Prune that stalk then make her squawk
97) Wrap that rod then please her bod
98) Sheath that knife she ain't your wife
99) House that bottle then mash her throttle
100) Sash that hash then thrash that gash
101) Cover your diddle then fiddle her middle
102) Can your knob then throb her swab
103) Contain old Doug then clean her rug
104) Cover your limb before you swim
105) Retain your bailer then impail her
106) Rope your dope then make some soap
107) Net your salamander then make salad in her
108) Cap your flapper then sniff her snapper
109) Wrap that Steed then trample her weeds
110) Hat that chef then scramble her cleft
111) Cover your stone before you bone
112) House your hose then curl her toes
113) Saddle your penis then straddle her mean ***
114) Blanket your twitch then hump that *****
115) Shield your rocks then pond her box
116) Cover old sly then do her dry
117) Wrap your rail then fill her pail
118) Glove your chimney before you come in me
119) If your nude tube your dude
110) Cloak your hitter then go split her
121) Wrap your nipper before you dip her
122) Can your spam then bam that mam
123) Corral your ram then slice her ham
124) Sheath your sliver then jab her liver
125) Twist your wick then stick that prick
126 Cover old Bart then dart her tart
127 Shed old spot then do her slot
128Drawer your pip then split her lips
129 Contain that leach then mash her peach
130 Bag your elm then take the helm
Constrain your gem to catch the flem
Catch that head cheese or I won't spread these
Constrain that agate you ain't no ******
Survey your land then plant her stand
Before you drive her protect that diver
Sack that slimy smelt then tan her beaver pelt
Wrap that stiffer then let him sniff her
Cover you post then slice her roast
Blanket old juicy then plug old loosey
Balloon your baboon the moon tune her poon
Contain that viper before you pipe her
Cover your stump before you hump
Before you attack her, wrap your whacker
Don't be silly, protect your willy
When in doubt, shroud your spout
Don't be a loner, cover your *****
You can't go wrong if you shield your dong
If you're not going to sack it, go home and whack it
If you think she's spunky, cover your monkey
If you slip between her thighs, be sure to condomize
It will be sweeter if you wrap your peter
She won't get sick if you wrap your dick
If you go into heat, package your meat
While you're undressing venus, dress up your penis
When you take off her pants and blouse, slip up your trouser mouse
Especially in December, gift wrap your member
Never, never deck her with an unwrapped pecker
Don't be a fool, vulcanize your tool
The right selection will protect your erection
Wrap it in foil before checking her oil
A crank with armor will never harm her
No glove, no love!
I have been married for 3 years and been with my husband for over 5 years. I onced was told by friends of his after being with him for over a year that he had been hospitalized a few years back and that I should ask him why. I did and he stated that he had pneumonia and that he was not HIV+ and they were wrong Who was I to believe the man that I was not living with for over a year or his friend.
I believed he was not but did get tested and confirmed I was not positive. We have been together for over 5 years and married for 3 and as far as I know we both have been loyal in our marriage.
A couple of days ago he received a 90 day supply of a drug which is not abnormal for he gets other meds this way. I went ahead and opened the bag so I could put them away to find a drug that I had never heard of so went online and researched the drug. Much to my shock it is a HIV+ drug. I was in such shock I just couldnt believe what I had read. When he got home I told him I had opened the bag and he stated they were his and led me to believe they were for a foot fungus he had acquired which was true but never admitted or took the opportunity to be honest with me and just was not in the right mindset to challenge his response. I was still in shock and shortly thereafter left on a very important business trip could not afford to leave in a worse state of mind with our relationship in complete turmoil while I was thousands a miles away for the week.
My mindset is not great, I feel sad for him for know he is positive but now realize I could be as well. My heart is broken for he is a liar and to exposed me to HIV and has never taken the opportunity to be honest with me.
I get back Saturday and know I have deal with this but am so scared for I could lose the man I love, the relationship I value and most of all my own health could be jeopardized over this failure to accept who he is.
Should he go to jail.. hard to say that about someone you have loved and been with for over 5 years but what he has done to me is a crime and a reality that is not fair for he outright lied and that is wrong. I have nobody I can talk to about this for am thousands of miles away but the tears stream and my heart is broken and to me life is so sad first for him to contract the virus and have to live with it but even worse lie to me and possible give it to me.
I hope someone finds benefit from reading this and pray that I get through this for not sure what I would do if I was HIV+ and hope I do not have to but know we need to be over for I can NEVER trust him again...
Talk it out. Ask him why he had the need to keep it a secret. Maybe he was scared that he could lose you.
Maybe he would feel that you would be afraid of him if he told you. If he has any records saying he has it. Find it.
But honestly, my thoughts to the situation? Never sleep with anyone if you really don't want to get any types of disease. Sure sounds extreme. But, this day and age the moment you let something that isn't "you" inside. You are the one who is risking everything. You are being a willing participant in something that is KNOWN to have MILLIONS of viruses and diseases.
Break up with him though if you do have proof and he still denies. Liars should never be tolerated. But, jail isn't an option for him.
Well, it looks like that state of WA is quite liberal regarding HIV statues. One doesn't have to disclose one's status before having sex (only applies to "HIV infection" and not any other STDs--definition below), so there is no such penalty as the ones described in this gay.com article.
http://apps.leg.wa.gov/rcw/default.aspx?cite=70.24.140
I do feel sorry for others who are not afforded the same sort of grace, if you will.
-----
According to RCW:
"Sexually transmitted disease" means a bacterial, viral, fungal, or parasitic disease, determined by the board by rule to be sexually transmitted, to be a threat to the public health and welfare, and to be a disease for which a legitimate public interest will be served by providing for regulation and treatment. The board shall designate chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), trachomitis, genital human papilloma virus infection, syphilis, acquired immunodeficiency syndrome (AIDS), and human immunodeficiency virus (HIV) infection as sexually transmitted diseases, and shall consider the recommendations and classifications of the centers for disease control and other nationally recognized medical authorities in designating other diseases as sexually transmitted.
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It could only happen in America. This is ridiculous. In NZ and Aust you only have to disclose your hiv status if u intend to have unprotected sex. If u are having safe sex u do not legally have to disclose your status unless asked. This protects hiv poz people from discrimination and mental torment and they are able to live a normal life without infecting anyone else.
In fact it is now very much a fact that if u are poz and undetectable u are very much sort after for raw sex. I dont agree with it. But it is a fact. Look at the USA based site www.barebackrt.com You will see what I mean.
Change your laws America and get with the times. Even medical experts agree with the NZ and Australian laws.
DJ.
I am from Victoria, Australia. The guy I was dating for 6 months outright lied and hid taking meds the whole time. He put me at high risk although he only blew in me once. I found out after we broke up and told the police. They told me if I tested positive he MAY get into trouble, but if I'm negative there is not much they can do. I tested negative ( he was undetectable viral load and he only blew in me once), but I feel totally violated and told him what I think of scum like that. The Dept. of Health have interviewed him but the police are powerless to even contact him. A month later, we had a small fight that he started, he called the police immediately and they arrested me 2 days later, based on his word and with no knowledge of my ongoing case against him. The australian legal system is fucked and protects positive people who lie and deceive people about their status. I wish I was in the USA and he got life in jail. He deserves it.
From what I gather from everyone's posts, this would be acceptable to the vast majority of people. I do think sometimes that we don't protect Poz people's rights enough, but there has to be a standard of disclosure, which your suggestion allows for.
There is a very slippery ethical slope there of not disclosing if not asked when unprotected sex is involved. If I were Poz, I know I'd never do that, but I'd be curious what others thought about it.
What the hell is all the problem with taking responsibility in the gay community that gay folk have to be subjected to an article with this slant? Be responsible for knowing your status. Be responsible and disclose your status. Tell anyone that youre having sexual contact with your status. Its a turn on folks to meet a guy that knows exactly the last time he was tested and his status. It means hes responsible. If you dont know be the responsible one to say that you dont know. Be responsible and use protection well into a long term relationship. Its much cleaner anyway. Just because some guys want to get it in everything with body heat does not mean we all need to be painted as irresponsible. If you knowingly infect someone and did not practice disclosure first, not only should you go to jail, you should rot in hell. Do you really want to be that idiot on tv thats facing charges and the news is telling everyone that knows you to go get tested (and everyone else who is watching)? I think Id rather tell one person than have that crap go down. Be responsible..its not difficult!
I fully agree. If you got it, let others know and don't gamble with the lives of others.
I do not believe anyone should go to prison for not telling of their HIV status. However, lying about it is a different story. Every person I play with is considered to be HIV+...simple as that. And on occasion I bottom, but I no not prefer anal sex.
About six months ago, I was with someone who tried to penetrate me without a condom. I was on my stomach and he was massaging my back...no sex planned or wanted. I asked him if that was his intent, he said, "Yes." Although I knew it was not going to happen, I was a bit disturbed. I asked him if he was poz, and he said, "No." Whatever his answer, it still wasn't going to happen unwrapped, but I thought he was probably telling me the truth. About two months ago, I saw his A4A profile and it said he was HIV+. Now, he could have been telling the truth at the time, but I'm sure glad I didn't take a chance anyway.
My concern is for all those less experienced guys he, and others, may be with who would believe him. Please -- Never take a chance with anyone - no matter how hot you and they are.
We are a society of many advancements that has allowed each one of us to take ownership of ourselves and by being such need to understand that a society of men who sleep with men on a casual basis and realize that these casual encounters is not benefiting to oneself and our society. So why continue this behavior because the bottom line is the enjoyment that each encounter brings to those individuals. When two or more strangers meet is it safe to bring a person home or have sex in a public place this is considered the norm. There is a problem about how our society (men who have sex with men) continue to behave this way and expect not to be held accountable has become a conflict of moral issues in our society as a hole that is very afraid of dying but especially dying of AIDS. This article is deeply disturbing to me on so many levels and until casual sexual behaviors change toward responsible relationships there will be more articles like this.
Too many here are focusing on one side of the responsibility associated with this issue. Poz people have the responsibility to be honest with others (that they may reasonably infect) about their status, regardless if they have undetectable levels. Neg people have the responsibility to protect themselves (but doing so in a way that doesn't violate the rights of Poz people).
However, the real issue at hand isn't being Poz or Neg; it's the fact that we need to respect each other as human beings and not violate each other's rights. Most importantly, though, being Poz isn't something to be ashamed of; both Poz and Neg people need to understand that. HIV should be contained to being a physiological disease, not a social and/or emotional one.
You got to be kidding me? What kind of irresponsible response is that ? HIV+ people have the responsibility to tell their sexual partner what their status are. They lost that privilege to keep it for themselves at the moment they become infected. You are playing with people's life you know. Is everybodies responsibility to be aware and protect yourself from it. Give peoPle the chance you never had. Is call communication. Im talking out of my own experience. I meet a guy six years ago. We dated 3 months before we had sex I ask the questions the answer was no
He said to me he was clean. Six months into our relationship we stop using condoms. One day I saw papers from his doctor. He has been positive for two years. Do I deserves a death sentence because of his behaviour? He has been my third sexual partner ever. I don't deserved this. I have been reaponsable all my life. I trusted and beleive in someone who swears to me will give his life for me. Guess what, he took it.
So stop and think about your comments they make no sense.
Thanks for listening
Roger
Maybe. But you know what? You willingly participated in SOMETHING THAT IS KNOWN TO HAVE MANY CONSEQUENCES! Not just aids. I forced the person I was with to one of those STD clinics to make SURE if he was telling the truth. But he told me before we got in the truth that he did have it. We've been having safe sex since and have a true relationship.
But the moment you have sex. You are basically signing an invisible agreement that you went as far as you could and made sure this person is std free as possible and that you are OKAY in taking a HUGE HUGE CHANCE in getting at least ONE of the MILLIONS out there.
Does he deserve jail? Nope. Not for something that you should have taken under your responsibility to make sure on.
Roger,
You misunderstood my original post. I completely agree with you that your ex (I'm assuming he's your ex, as you left that ambiguous) did you a horrible wrong; he had the responsibility of telling you and being honest with you. If it was something else that you think was irresponsible that I said, please be more specific.
I met a guy through mutual friends, he was nice (and a bit older). My friends would have "get togethers" that I attended and it was usually small groups, protection was always available - as some participants were positive. I assumed that everyone was honest about their status, I was and I am negative. Eventually, the new friend and I learned that we lived close to one another and decided to have an ongoing casual thing.
It was great, he is a total bottom and I, a total top... Very convenient and we enjoyed each others company. While it was casual, it had the potential to become something much more. That is, until I discovered that he was positive and had been for more than twenty years. This was a shock and I was upset because we were barebacking. Eventually, I was able to forgive. I understand that since he was a compliant patient and had no detectable viral load, he was not completely honest when I asked him about his status. I consider myself lucky, because I still have my good friend, I have NOT been infected, and I realize that I have to be more careful of the choices that I make. Be specific and be careful, because asking may not get you the truthful answer.
I'm not HIV positive but I know many that are and this is such B*LLS*it. You should only disclose your status if your working in a industry that the transfer of blood maybe be a factor. HIV is not common in the US,people are aware of the dangers and most take procautions to make sure they are not infected with any STD(including HIV).However most states have made it clear that if you have un-protected sex with someone and didn't tell them that you are HIV positive you will be going to jail for murder. I do agree with the telling of said partner be opened on that conversation. I have dated HIV positive and been tested because they were honest with me I never got the virus.
Good luck!
I agree that we all all responsible for ourselves and actions. Neg people and Pos people lie. If a Poz doesn't disclose he lied. If we jail all who lie, we are in trouble. It truly is impossible to know who is positive just because they say they have been safe since their last test, they might not have even known they are positive.
There are way too many judgement in almost all these comments. People calling people sluts and whores - why? May be someones moral judgements are different but labeling them shows immaturity and lack of rational argument. Does this belong in our laws to take away all their freedoms? Locking up Poz people in camps & prisons where their is NO medical care (prisons do NOT provide medical care until HIV becomes full blown AIDS). Is society really ready to take on the financial burden of these cost of imprisoning Poz people? (roughly $40k per year)
Many are disclosing their status by assault. It is sad there are not stronger laws against that. What about malicious Neg guys who spread gossip about other gays when they learn of ones Poz status. Here is a senario I know of: A guy meets a guy at a bar he is negative, decides to go home with a guy who is positive, honest disclosure all around. No condom breaking. All good. Until Neg guy is hanging with his Neg friends and discusses his hook-up. His friends freak out he went home with a Poz guy. The guy feigns surprise and plays victim.
If you think Neg people will not lie about being told rather than the "shame" of admitting to knowingly having sex with a Poz person, you are VERY ignorant.
Bottom line you are responsible for protecting yourself and knowing your risk. I believe, just like another virus, Polio, MANDATORY testing for all person in US and entering US, should be mandated, including school children and employment requirements. It was thee only way to control a virus (none have EVER EVER been eradicated. Science has never been able to kill a virus.
I think that if you are POZ and do NOT know it, that is one thing. Especially if both parties agree to play bareback, nothing should be done. However, I do feel strongly that if you are POZ and you know you are POZ, you have the moral, social and legal obligation to inform sexual partners, no matter if you are playing safe or raw. Yes it may be reckless to have unprotected sex, especially anonymously, but lets face it guys IT HAPPENS and with more frequency than most of us care to admit. My BF and I used to play with a small group of guys that we had known for quite some time. There was a good bit of trust built up so we normally played raw. 2 months after a group session last year, my BF came up POZ. We came to find that the one guy had tested POZ just before we all played. My BF was the only bttm and the only one that tested poz after that. The guy that poz'd him should have informed us all, but he did not. Sad thing is, I cannot prove it! Me and the other 4 guys have all tested neg several times since. In closing, I say this- GET TESTED GET TESTED GET TESTED!
In some ways these laws are a good thing. However what happened with these people is taking it too far (and frankly intolerable). There are some people out there who are HIV+ and truly do lie about it and *knowingly* put other people at risk. Unfortunately those people have set the precedent for policy such as this. The most I can say is ... if you're positive ... be honest about it. Everyone has the right to privacy not to have to disclose it in certain social situations. But in the bedroom ... it should be a given. I know if someone lied to me about their status and potentially put me at risk ... then yes, I think they need to face charges for that. I'm not being an asshole ... it's just that my safety is my first priority. And if soemone betrays my trust, then it's unforgiveable.
You may not be an asshole but you are certainly being unreasonable. If your safety is your first priority then you should take appropriate precautions: either you remain celibate or you assume EVERY partner is HIV+ and consequently protect yourself. Condoms are the best way to avoid becoming infected. Condom failure is almost, yes almost, non-existent but you should insist that ALL your partners or you yourself wear one (which YOU should provide). It is your responsibility and yours alone to protect yourself.
That's bullshit! Why should we act as if everyone has HIV because some people do? Think of the inverse argument.. If every positive person assumed everyone else was negative then us negative people would be safe.. The fact is, most people don't have it and could go around barebacking all they wanted if it weren't for HIV pos people who lie about their status. It should be against the law to lie about your status and put someone's life at risk.. Luckily it is in the USA. Of course we should protect ourselves based on the information we have.. If a partner is lying to u, ur fucked.
A vaccine is very close now so we just need this generation of pos people to die off and there will be no more virus. Eradication is close.
Here is my story and I think it fits because I was Lied to I'm not mad though cause I took the risk and maybe I wasn't lied to maybe they really didn't know. In any case I should have protected my self because there are many out there that don't know and if they do know and have faced what I have I can see why they would rather keep there mouths shut about it.
i posted this befor , im from ILLINOIS , and there is a guy from galesburg ILL , with hiv and he is always haven sex with guys and young bois , i hope that if u read this someone would turn him in , his name is steven g watkins , 43 west north st apt 3 galesburg ILL 61401 he really needs to be stoped , i have tryed but nothing is done yet
Umm this comment needs to be deleted, this is totally inappropriate! This is how people get gay bashed!
No this is how predators get caught, arrested and charged.
Good. I hope someone turns this sick bastard in and he gets the chair.
He's deliberately risking the health and lives of innocent men and BOYS. So not only is he an HIV positive pedophile he's putting CHILDREN at risk of getting the virus.
Stop defending child molesters they deserve everything they get
Wayne fisher (58yo, wheelers hill, vic, australia) is another!.. Lies about his status to drop his load. Police do jack! Watch out for him!
My heart goes out to Nick, Monique, and Robert for what they ae induring because of not revealing their status.
As a gay man that has been HIV+ for 20 years now, and with a undectable viral load, also asymtomatic.
I became HIV+ by my best friend that raped me one night after he had been out drinking all night. A few days later I found out he was positive. Unfortunately I have never forgiven him for infecting.
I do think any one with any STD needs to reveal their status, therefore their partner can make the choice whether to have sex or not. But should they be prosecuted, or given harsh punishments, I do not think so. Yes there should be some kind of justice, this is something that needs to be addressed and discussed with clear and thoughtful mind.
I have not had sexual relations with anyone since I became infected with HIV, other that mutual J/O even hen I insist we use protection.
Damn right they should go to Jail if they don't disclose STD's they have and know about. Reguardless of detectable viral loads or if they are on medications or are using condoms. If I ask if you are STD free that means STD free not STD under control. And I don't just mean HIV. Hep C, Herpes, Warts, all of them.
I think it is sad that people dont disclose status and i think they should be punished now should they get more time than hard core criminals? no ! did they play safe? if so then the punishment should fit the crime, its sad that rapists and murderers will get less time than someone who played safe and didnt disclose!
Just because viral load is almost undetectable is no excuse not to disclose.
as for A4A test that someone posted yes i have been tempted to send a message but then i decide a piece of ass isnt worth it same with all those anything goes people i dont reply either because i know they prolly dont get tested regulary and play unsafe!
Seriously people play safe and know your status! i lost my twin brother because he thought he was invincible and never used protection!
I understand that everyone may not agree on this issue, but I feel it's our responsibility to know our own status. In addition, if you are going to be active sexually, I feel you owe it to yourself to consider anyone you have sex with as a risk. And as such, you should do everything a prudent person not wanting to contract anything to protect yourself.
However having said that, I feel that it does not help when people are dishonest about their status or don't bother getting tested at all. Sexually transmitted diseases can be spread not just though anal sex, so too they can spread through oral sex and variations there of. Conclusively, I think we should to some extent teach people to keep up with their own health, and also that it is wrong to lie to someone in order to have fulfilling unprotected sex.
At the end of the day, you are the only one that can protect yourself, so please get to know someone, protect yourself, and cherish your life. No one can do that for you. It's better to have a meaningful connection with someone and have an open line of communication about each other's activities instead of having random sex.
So please take care of yourself and each other, we're all in this experience of life together. The more we help each other the more we help ourselves.
Thank you,
"Say yes to love and stop the spread of HIV"
-MTJ Activist for the better health of the future..
And why is it just HIV? How about non-discolsure of HepC or Herpes? Clearly this is discrimination based the old thinking that HIV is the "gay plague" and just another way to discriminate against gays. The truth is that most men don't want to know their partners status nor their own.
Bullshit so shut the fuck up you oversensitive liberal drama queen.
This is not about targeting us gays it is not a homophobic law and it's not a racist law. It targets HIV+ people gay, straight, white, black, asian and everything in between.
Deal with it and accept the fact that not everything that the gay community doesn't like is homophobia.
It's people like you that mean we are still hated by a section of society because people like you squeal homophobia at everything and everyone when you don't get your own way or something comes along you don't like.
You sir are a disgusting fucking cunt.
Truth.
You can say anything you like about this matter but in the last analysis it is always WRONG to not disclose you are positive. You can say what you like about everyone being responsible for their own sexual behaviour and that is true. But if you do not disclose you are lying and putting someone as grave risk of infection even with condom use. Lets be really honest here even though we dont want to hear this....the only reason why people dont tell is that they are afraid that no one will want to have sex with them.....a bitter pill to swallow but TRUE. There is NO excuse for lying under ANY circumstances.
an HIV+ person, Compliant with their Meds, can render the virus undetectable to less than 20 copies per million... which translates to a 96+% chance of NOT INFECTING A PARTNER WITH HIV... but still leaves the possibility of pregnancy, herpes, hep C, and such...
safe sex is still needed, but not for the reasons you think... don't be ignorant.
You can say anything you like about this matter but in the last analysis it is always WRONG to not disclose you are positive. You can say what you like about everyone being responsible for their own sexual behaviour and that is true. But if you do not disclose you are lying and putting someone as grave risk of infection even with condom use. Lets be really honest here even though we dont want to hear this....the only reason why people dont tell is that they are afraid that no one will want to have sex with them.....a bitter pill to swallow but TRUE. There is NO excuse for lying under ANY circumstances.
hi guys,
all interesting points of view, but how can anyone, at anytime anyplace ever confirm the truth or a lie about status. even if you can once, it is impossible to do ongoing. even if someone tells what they know as the truth, that can change in the next moment, without anyones knowledge.
you have to be responsible for yourself, and yourself only, that is all anyone can guarantee. anything outside of that is mere wishful thinking or speculation.
YOU GET INFECTED, YOUR FAULT/RESPONSIBILITY ANY WAY YOU APPROACH IT. A HARD SIMPE FACT. BELIEVE IT, IT IS THE TRUTH, UNLESS YOU ARE RAPED.
we want to encourage people to get tested and understand their situations and consequences. not make them fear for their lives and anyone that touches them. nor make them so afraid of the law that they not disclose and infect more people.
Remember this is largely a sexual social issue. Sex is not going away and our sexual drive will certainly not diminish. Education, acceptance and research is the only way we as a civilization can sensibly deal with these issues. ignorance, bigotry, isolation will only make the matter worse.
Take responsibility for your own actions in ANY situation and you will be doing the most to protect yourself. It is not the laws responsibility to protect what goes up your ass, only YOU can do that.
don't be fantacising that someone will tell you the truth to protect you. It aint gone happen. protect yourself and you will be doing yourself and the ´sexual community´the best service you can.
By your logic it is therefore validated and even honorable for a knowingly infected person to sleep around and not inform. By your logic, since "100% personal responsibility" should be the mantra of the world, active positive people that do not disclose or lie, should be granted license because after all its not their problem. And personal responsibility is not a two way street either I suppose according to you, as the uninformed must lay on the bed he created, but the perpetrator has no personal responsibility of his own to inform in the first place.
I look forward to you demonstrating to the world how this will correct the situation, living a truly chaste life from birth to death as thats the only way to not be fooled, hoodwinked or taken advantage from by the kind man with a lethal disease who just wants a hole to fuck. Now you showed em, personal responsibility!
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