If a male who is HIV positive,has sex with a willing female partner?!


Question: and passes on the disease.is he guilty of a criminal offence.and if so should the punishment be harsh


Answers: and passes on the disease.is he guilty of a criminal offence.and if so should the punishment be harsh

Legally i aint to sure, but personally i think it's wrong.
I mean really would any woman want to risk a death sentence for a bit of hows your father??
I THINK NOT!!

Unless she is hiv posotive herself or mentally she's gone...
As for prison if you intended to spread this deadly disease then hell yeah they should be put in prison for murder!!
Becouse lets face it you would be killing that person.
Pregnancy is also a huge issue just imagine having a baby born with hiv, the poor child would be suffering until it passed away.
I could'nt live with that, so if i was you i would stick to your hand or get a blow up doll.
That way your not killing anyone!!

YES, IT IS DEPRAVED INDIFFERENCE AND IS UP THERE WITH MURDER. THE PUNISHMENT IS HARSH.

As long as he makes his partner aware, takes all available precautions and partner is willing to assume the risk, there is no legal standing against him. Morally though, would you want to willinglly put someone elses life in your own hands??? I would have them get a psych eval and couple counseling as well as a signed contract to cover all the bases in todays society of suits and such.

He should be charged with first degree murder.

Did he inform her of his HIV status prior to sex? If so, there may be some defense for him. There are some states where it is a criminal offense. Michigan has prosecuted men for such.
The argument can also be made that if you criminalize any sex a positive person may have then you discourage sexually active people from getting tested for HIV.

i think it is disgusting...wat kind of sick twisted guy would want to risk giving another person a deadly diseas just for five minutes of pleasure that is just wrong...

yes

Men who have done this have been charged with first degree murder!

Even if she did know and agreed to having sex with a HIV positive man what does this say for her mental status?
What man would do this to anyone?
Consider her family and possible pregnancy, what is the problem with just using a condom?
I do not understand this ignorance and yes he should be punished harshly even if it's for being a dumba**.

He would be guilty (at the very least) of reckless endangerment if he did NOT inform his partner of his status BEFORE engaging in sexual activity.

Even if the sex is consensual, he must inform his partner beforehand, regardless of the circumstances. Not to do so is depriving the partner of the right to refuse sexual contact.

If I remember correctly (lawyers, feel free to correct me), the minimum sentence for reckless endangerment is 5 years in prison...I also believe that it is a felony offense. The actual sentence would depend on the degree of the offense. Myself, I believe that intentionally infecting a person with HIV is akin to voluntary manslaughter at the very least.

EMT

By reckless endangerment, I mean exposure. By manslaughter, I mean actual contraction of the disease.

If you don't tell her than yes it is murder, but if u tell her and she it still willing then that's on her!

Only if the male knew he was pos. and didn't tell the female. You can do serious jail time for that crime.

Reading this question and then reading most of the responses has reminded me of the strength of ignorance and fear.

People who are HIV+ still have a right to an active, healthy, albeit safe sex life. The consistent and proper use of condoms for all penetrative sex drastically reduces the likelihood of transmission. And even without protection, HIV is not transmitted at every act of unprotected intercourse. Not even close, really. So add condoms to the mix and sex without HIV transmission is more than possible, it is likely.

So, this visceral jarring reaction from so many of the answerers is quite telling. And very upsetting. Did everyone read the question? We are talking about CONSENSUAL sex ("willing female partner") between two individuals both aware of the risks they were taking. Why should he be villified and thrown in jail? Had he not disclosed his status one could make the argument for criminal sanctions (though I believe that criminalizing HIV transmission is NOT the way to address the issue, it will only worsen the problem).

No wonder so many people who are HIV+ are afraid to disclose their status.

I have personally seen how these charges can be abused:

Take a look at the colour of the people who are being charged. Most of them aren't white.

These charges often come after the dissolution of a relationship as a retalitation --- there doesn't need to be transmission under most laws as "attempted" can be added to the charge used. That needs to change.

Almost all cases are among heterosexual partners

There are no studies showing this is effective in addressing the problem and in fact, similar examples of other criminalized activities show similar laws are not a deterent -- human sexuality is a powerful force.


I know of many couples who have been together for years where one partner is HIV+ and the other is HIV-. Most have active, healthy, and safe sex with their partners and none of whom have transmitted HIV to their partner. This is reality.

And remember, please, that it is a rare occurence that someone willingly and purposefully transmits HIV to other people. Though, with the media coverage you would think it is an every day occurence. The truth is, the vast majority of people who learn they are HIV+ do everything they can to prevent themselves from transmitting the virus. But a fraction of a percent of people with HIV are (just like in the non-HIV population) crazy. I don't use that word lightly.

The issue is that up to 30% of people living with HIV at the moment are unaware they are infected (that stat is accurate for both the U.S. and Canada). We need to start talking to everyone we know about the importance of regular sexual health screening (including HIV), or at the very least, get an HIV test at least once to find your status.

For many people with HIV it can take years to reclaim their sense of self worth and to feel comfortable in their own skin. As far as sex goes, I know many people who have struggled after a positive diagnosis, to be able to enjoy sex again. To not think of themselves (as you, on this page, would have them do) as hazardous waste. Yes, disclosure is a must. Any consent to unprotected sex would be vitiated/nullified without the knowledge of the persons HIV status.

We need to start taking a look at the world around us and take some time to think about someone other than ourselves. Try to imagine and empathize (not sympathize) with the struggles that others face. And take time to educate ourselves about the facts. the actual life experiences of others. and be compassionate. be human.

AND we need to start examining where the responsibility lies in the transmission of HIV. Yes, a lot of it lies with the positive partner. But shouldn't we all be responsibile for our own health? Why are we not just as responsible. It is after all our own body and we know that there are life threatening sexually transmitted diseases out there. Let's stop blaming other people and start encouraging everyone to protect themselves and to use condoms with casual (if not all) parnters. Or if you find that too troubling, why don't YOU stop having sex (as you are asking the HIV+ people to).

And, on a related topic, we REALLY need to start finding another alternative to throwing people in jail as punishment. Jail is not solving our problems, it is making them worse in too many cases. it definitely is as far as HIV rates go.

maybe we could go back to burning people at the stake. those were the days.

peace out





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