LGBT

beyurslf

(6,755 posts)

35. First, that is not illegal in every state, only in some.

Mon Dec 12, 2011, 10:50 PM

Dec 2011

Last edited Tue Dec 13, 2011, 12:11 AM - Edit history (2)

It should be criminal to have unprotected sex with someone if you know you are + and should not matter if you have informed your partner. I know someone here who infected his boyfriend because his boyfriend wanted to go through the disease with him!

However, if you are using protection, disclosure should not be legally required. I am HIV+ and I would never want to be required by law to disclose my status. If I practice safe sex, why should I be required by law to do so? To whom else should I be required to disclose, if the only factor is the possibility of transmission? If I get a paper cut at work, should I disclose to those around me? If I am in an auto accident, should I disclose to those at the scene? The idea that we should always treat any bodily fluid as infected has long been standard practice. The same is true for sex with strangers--you should treat them all as if they are infected. The disease has plenty of stigma. Creating laws to that criminalize non-disclosure only pushes it further into the closet.

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56 replies

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Should HIV non-disclosure be a crime? [View all] Kurska Dec 2011 OP

I see the argument as flawed FreeState Dec 2011 #1

Understood Kurska Dec 2011 #3

I would have to say yes... FreeState Dec 2011 #7

Only if we also criminalize non-disclosure of all other communicable diseases MNBrewer Dec 2011 #12

i agree that Hep-C should also be on this list. since its communicable and can be fatal La Lioness Priyanka Dec 2011 #15

Remember the film, "Dressed to Kill", w/Angie Dickinson? {SPOILERS} closeupready Dec 2011 #16

its true undiagnosed syphilis can be. never knew herpes could be fatal La Lioness Priyanka Dec 2011 #17

Herpes isn't fatal very often, of course, but in children or those with compromised immunity, it can closeupready Dec 2011 #18

I have to agree... w8liftinglady Dec 2011 #33

I used to be of the opinion that positive people LuvNewcastle Dec 2011 #2

I worked with a guy - a straight guy - who infected almost a dozen women and killed four cliffordu Dec 2011 #4

There was a man in the DFW area convicted of assault with a deadly weapon for purposely infecting tammywammy Dec 2011 #6

For sex acts? It is certainly unethical not to say... Fearless Dec 2011 #5

You know what really pisses me off? When someone thinks they can do whatever crappy thing dkf Dec 2011 #8

What problem would that solve and how? jberryhill Dec 2011 #9

I have an HIV + cousin who does not inform his sex partners justiceischeap Dec 2011 #10

why would he have to tell them if they are practicing safer sex? La Lioness Priyanka Dec 2011 #23

Because, he like some others, aren't practicing safer sex. justiceischeap Dec 2011 #41

sorry, i wasn't clear on that. La Lioness Priyanka Dec 2011 #46

Yep, I see that as a problem too. Often laws are used for discrimination. The problem here, RKP5637 Dec 2011 #40

I've never understood the whole "bug chasers" gang justiceischeap Dec 2011 #42

Looking at this from a Social Work perspective Proud Liberal Dem Dec 2011 #11

As with everything, it depends, IMO. closeupready Dec 2011 #13

i think non-disclosure for having unsafe sex should be a crime La Lioness Priyanka Dec 2011 #14

Makes for a great reason not to get tested MNBrewer Dec 2011 #19

what circumstances do you think it should be a crime? La Lioness Priyanka Dec 2011 #20

I do not think it should be a crime under almost all circumstances MNBrewer Dec 2011 #21

as far as this goes, i did describe a very limited circumstance La Lioness Priyanka Dec 2011 #22

There should be at least as much culpability in not asking as in not disclosing MNBrewer Dec 2011 #24

the culpability is not the same, when one knows one has an communicable disease La Lioness Priyanka Dec 2011 #25

We at least agree on this MNBrewer Dec 2011 #26

as i said most people are not sociopathic. La Lioness Priyanka Dec 2011 #28

Please note that I'm not saying that people don't have the responsibility of honestly informing MNBrewer Dec 2011 #31

imagine a scenario where i am married to my husband and want to conceive a baby La Lioness Priyanka Dec 2011 #32

In the case of a married couple, I think the circumstances of the relationship do closeupready Dec 2011 #34

We don't require disclosure of any other infectious disease, so why HIV? yardwork Dec 2011 #27

i would say that its because hiv is one of the few diseases that La Lioness Priyanka Dec 2011 #29

In order to stigmatize it and punish people who have it. MNBrewer Dec 2011 #30

First, that is not illegal in every state, only in some. beyurslf Dec 2011 #35

i think you mean.. La Lioness Priyanka Dec 2011 #36

Yes thank you. beyurslf Dec 2011 #37

also i agree w. you La Lioness Priyanka Dec 2011 #38

I firmly believe that there should be a law/s requiring disclosure any infectious disease more uriel1972 Dec 2011 #39

why would you have to disclose if you are practicing safer sex? La Lioness Priyanka Dec 2011 #44

Brokewn condoms for a start. nt. uriel1972 Dec 2011 #47

yes, but it unfairly penalizes someone who knows they have hiv vs someone who carries it but doesnt La Lioness Priyanka Dec 2011 #48

Your views are not universally held amongst medical professionals, from what I know. closeupready Dec 2011 #49

I'm not talking about branding people, uriel1972 Dec 2011 #50

yes, but ethicality and legality are different issues La Lioness Priyanka Dec 2011 #52

OK we can probably get away with no new laws uriel1972 Dec 2011 #53

Well I do hope you protect your health, use condoms and always practice safer sex. closeupready Dec 2011 #54

I would if I get the oppurtunity uriel1972 Dec 2011 #56

Well, you really are talking about one side of the same coin I'm talking about. closeupready Dec 2011 #55

My worry is that laws like that lead to a decreased number of people getting tested. Lyric Dec 2011 #43

I don't know. Interesting debate. nt ZombieHorde Dec 2011 #45

Very interesting Kurska Dec 2011 #51