But some health and legal experts say using criminal penalties to curtail the epidemic could backfire and fuel the spread of HIV. According to the CDC, 1.1 million. Account Options. Sign in; Search settings; Web History.

Sex, Lies and HIV: When What You Don’t Tell Your Partner Is a Crime. People with HIV have been sentenced to years or even decades in prison for having sex without telling their partners they’re infected, even when they practiced safe sex. Are these laws a deterrent to spreading the virus or could they actually fuel the epidemic? Rhoades’ is not an isolated case. This story was co- published with Buzz. Sexy Russian Women Datig. Feed. This story is not subject to our Creative Commons license.

Nick Rhoades was clerking at a Family Video store in Waverly, Iowa, one summer afternoon in 2. A dozen miles away, his mother and stepfather looked on as local sheriff’s deputies searched their home for drugs — not illegal drugs, but lifesaving prescription medications. Lab results and a bottle of pills found in the Rhoades’ refrigerator confirmed the detectives’ suspicions: Nick Rhoades was HIV- positive. Almost a year later, in a Black Hawk County courtroom, Judge Bradley Harris peered down at Rhoades from his bench.“One thing that makes this case difficult is you don’t look like our usual criminals,” Harris said. They pull the gun.

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They have done an armed robbery. But you created a situation that was just as dangerous as anyone who did that.”The judge meted out Rhoades’ sentence: 2. His crime: having sex without first disclosing he had HIV. Officially, the charge, buried in Chapter 7. Iowa code, is “criminal transmission of HIV.” But no transmission had occurred. The man Rhoades had sex with, 2. Adam Plendl, had not contracted the virus.

That’s not a surprise, because Rhoades used a condom. And medical records show he was taking antiviral drugs that suppressed his HIV, making transmission extremely unlikely.

A national group of AIDS public health officials later submitted a brief estimating that the odds of Rhoades infecting Plendl were “likely zero or near zero.”After his lawyers petitioned the court, Rhoades’ prison sentence was changed to five years’ probation. But for the rest of his life — he is 3.

Rhoades’ is not an isolated case. Over the last decade, there have been at least 5. HIV- positive, according to a Pro.

Publica analysis of records from 1. The national tally is surely higher, because at least 3. HIV. In 2. 9 states, it is a felony. None of the laws require transmission to occur. Dating India Service. Defendants in these cases were often sentenced to years — sometimes decades — in prison, even when they used a condom or took other precautions against infecting their partners. In 6. 0 cases for which extensive documentation could be obtained, Pro.

Publica found just four involving complainants who actually became infected with HIV. Even in such cases, it can be hard to prove who transmitted the virus without genetic tests matching the accused’s HIV strain to their accuser’s. People with HIV have even done time for spitting, scratching or biting. According to the federal Centers for Disease Control and Prevention, spitting and scratching cannot transmit HIV, and transmission through biting “is very rare and involves very specific circumstances” — namely, “severe trauma with extensive tissue damage and the presence of blood.”Many law enforcement officials and legislators defend these laws, saying they deter people from spreading the virus and set a standard for disclosure and precautions in an ongoing epidemic.“Shifting the burden of HIV disclosure from the infected person, who is aware of a known danger, to one who is completely unaware of their partner’s condition smacks of a .

In a recent survey of HIV- positive people in New Jersey, 9. More than half approved of the kind of laws that resulted in Rhoades’ sentence.

But some health and legal experts say using criminal penalties to curtail the epidemic could backfire and fuel the spread of HIV. According to the CDC, 1. Americans are currently living with HIV, but one- fifth of them don’t know it. And studies show that about half of newly infected people got the virus from those who didn’t know they had HIV. So relying on a partner to know, let alone disclose, their HIV status is a risky proposition. The laws, these experts say, could exacerbate this problem: If people can be imprisoned for knowingly exposing others to HIV, their best defense may be ignorance.

Such laws, then, provide a powerful disincentive for citizens to get tested and learn if they carry the virus. The laws “place all of the responsibility on one party: the party that’s HIV- positive,” said Scott Schoettes, a lawyer who supervises HIV litigation for Lambda Legal, a national gay- rights advocacy group. They can just wait for their partner to reveal their status and not, instead, take steps to protect themselves.”Schoettes also says that the laws unfairly single out HIV, further stigmatizing and reinforcing misconceptions about living with the virus.“There’s no reason why we should be singling out HIV for this kind of treatment,” he said. Since July 2. 01. U. S. Department of Justice has opened at least 4. HIV discrimination. The department has won settlements from state prisons, medical clinics, schools, funeral homes, insurance companies, day care centers and even alcohol rehab centers for discriminating against HIV- positive people.

Individuals with HIV may also fear that news of their status will spread to third parties, leading to rejection, embarrassment or ostracism for themselves or even their loved ones. In September, a disability rights group accused the Pea Ridge, Ark., school district of kicking out three siblings after officials learned that members of their family had HIV. The family’s lawyers declined to comment. The school district did not respond to requests for interviews but issued a statement acknowledging that it had “required some students to provide test results regarding their HIV status in order to formulate a safe and appropriate education plan for those children.”In romantic or sexual settings, people with HIV often report fear of rejection, abandonment and stigmatization.“My first girlfriend in middle school — her mom banned her from seeing me, and it took me five years before I felt comfortable to try again,” said Reed Vreeland, a 2. New Yorker who was born with HIV. Vreeland works as the communications coordinator for the Sero Project, a nonprofit advocacy group that campaigns against HIV exposure laws, which it denounces as “HIV criminalization.”In 2. Vreeland started dating a classmate at Bard College in upstate New York.

He disclosed his HIV status on their second date.“What’s going through your head is being scared of being rejected,” he said. Last spring, they married at a ceremony in the Bronx. And if we do have a kid, then I might die and leave my kid without a father, like I grew up without a mother.’”The fear is “choking” and “silencing,” he said.

Last month, in Dallas, 3. Larry Dunn was sentenced to 4. HIV- positive lover. Police said he used a kitchen knife to stab and kill Cicely Bolden, a 2.

HIV status. Federal and state officials have the authority to quarantine the sick to contain epidemics, but this power was typically granted to health authorities, who are versed in the latest science, not police and prosecutors. Very few criminal statutes take aim at diseases. At least two states have catchall laws against exposing others to “communicable diseases,” but only if exposure happens through routes most commonly associated with HIV, such as sex, sharing needles or donating blood. And while some states have laws that specifically punish exposure to tuberculosis, syphilis or “venereal diseases,” HIV exposure is almost always punished more severely. But since 2. 00. 7, three states have added hepatitis B and C to laws criminalizing HIV exposure. Those diseases are most prevalent among the same groups of marginalized people most at risk for HIV: intravenous drug users; gay men, especially those who are black or Latino; and black women.

Yet the laws may be unnecessary. In rare cases when someone intentionally tries to spread a virus, prosecutors have been able to put them away using ordinary criminal laws, such as assault or reckless endangerment. In 1. 99. 7, a New York man named Nushawn Williams was accused of deliberately infecting at least 1. HIV. Williams pleaded guilty to two counts of statutory rape and one count of reckless endangerment. When his 1. 2- year sentence ended in 2. He remains behind bars. In Iowa, Rhoades’ case has prompted some lawmakers to reconsider whether exposing someone to HIV should carry such a heavy punishment.“Putting somebody in prison for 2.

HIV is the most absurd thing that the state could be doing,” said Matt Mc. Coy, an Iowa state senator who has introduced legislation to reduce the penalties.

Do I think these laws need to be revisited? Yes.”* * *In 1. 98. AIDS, the human immunodeficiency virus, or HIV. The government had already logged more than 1. AIDS cases and 8,0. American epidemic began, mostly among gay men and drug users.

At the time, not a single drug was approved to target HIV, and the diagnosis was, for many, a death warrant. In a panic, state lawmakers across the country — starting with Kernan “Skip” Hand, a Republican state legislator from Jefferson Parish, La.

It imposed a sentence of up to 1. HIV without their “knowing and lawful consent.”The next year, Georgia adopted a statute that made no mention of intent; it could be applied to anyone who did not disclose their HIV status before having sex or sharing needles. In 1. 98. 9, the American Legislative Exchange Council, or ALEC — a conservative nonprofit that develops policy positions and drafts model bills for state legislatures — assembled a special HIV task force, which published a set of prototype statutes on subjects ranging from mandatory testing to insurance coverage. Buried in Chapter 6, alongside a proposed emergency quarantine law, was a single- page bill called the “HIV Assault Act,” which became the template for state HIV exposure laws for the next decade.