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Friday, February 9th 2007

More of HIV as Assault

I agree with this. If you know you are HIV+ you cannot have unprotected sex without disclosing your status. I know this draws all sorts of other questions – where do you draw the line? what about protected sex? what about other STDs? what about the responsibility of your partner to inquire or to insist on protection?

But you wouldn’t point a loaded gun at someone, and when all the PC is stripped away that is really what is going on here. It is reckless disregard, or perhaps I’ve just watched too much Law & Order.

In anycase, that tirade was about a man in Canada who has been charged with having unprotected sex while HIV+ (h/t Drudge).

Trevis Smith, 30, was accused of not telling the women that he carried the virus that causes AIDS and of lying to one of them who even pressed him about persistent rumors of his malady.

Emphasis is my own.

Saskatchewan Provincial Court Judge Ken Bellerose chose to believe his accusers and a nurse who testified Smith told her the two women were kept in the dark about his condition.

“He was found guilty on both counts,” a court clerk told AFP.

One of the women testified she had a relationship with Smith over a three-year period, and did not use a condom during sex on numerous occasions after November 2003, when Smith tested positive for HIV.

Sentencing in the case is expected on February 26. Smith faces possible life in prison, the provincial court clerk said.

What is interesting about this case is that,

Neither of the women has tested positive for HIV, said reports.

This should still be a crime, just as pulling a gun in a road rage incident but not discharging it would be, but life in prison?