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Friday, November 2nd 2007

Another HIV Prosecution

Always a difficult subject, but even with my libertarian leanings I support these type of prosecutions.

An HIV-positive paratrooper pleaded guilty to assault Thursday for knowingly having unprotected sex with a teenager he met online.

Dalton was ordered last November not to have unprotected sex after he was found to have HIV. State law also prohibits a person infected with HIV from having sex unless condoms are used and sexual partners are notified.

I don’t fear the stigmatization of HIV individuals by these cases. I think all that should be weighed is the risk versus the relative responsibility of the parties. Sure, there’s some responsibility on both of the sexual partners. Dalton’s partner engaged in consensual unprotected sex with a partner of unknown HIV status, I’m assuming. This isn’t like walking across a room saying, “I’m gonna start kicking air like this and if any part of you should fill that air, it’s your own fault,” but still There is a level of disregard and endangerment of others where your actions should be criminal and cannot be mitigated by the lack of responsibility of the other party.

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