Should someone who has HIV/AIDS be prosecuted in court if they knowingly have sex without informing their partner of their health status? Canadian courts seem to think so.
There’s been a flurry of news reports of men being prosecuted for exposing their partners to HIV/AIDS. The United Nations has issued recommendations on the matter. They say that people who intentionally expose sexual partners should be charged if the disease has been transmitted. As a result, countries like Canada and the United Kingdom have done this.
While it seems to be justified to prosecute those who willingly and knowingly infect their partners, leading to their death, does it make sense to prosecute men who are HIV positive but don’t infect their partners? That’s where the line gets blurry. In Canada, according to this Toronto Start article,
“Since the late 1980s, more than 90 people with HIV have been charged and almost 70 convicted of transmitting or exposing others to the disease.
Among them is a case now before the Manitoba Court of Appeal involving a man convicted of aggravated sexual assault for instances in which none of his partners was infected.”
What do you think? Reading some of the comments in response to the Star’s article, it seems that people don’t agree. That if you have HIV and you have sex without telling your partner, whether he or she becomes infected isn’t the issue. It’s the gamble you took - much like shooting off a gun. If it has a bullet and you kill someone, you’re charged. If you point your gun at someone, pull the trigger, but it jams, are you still not going to be charged with anything? What about if you miss?
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Image: Stock.xchng
Post from: Blisstree
The Criminalization of HIV/AIDS
Should someone who has HIV/AIDS be prosecuted in court if they knowingly have sex without informing their partner of their health status? Canadian courts seem to think so.
While it seems to be justified to prosecute those who willingly and knowingly infect their partners, leading to their death, does it make sense to prosecute men who are HIV positive but don’t infect their partners? That’s where the line gets blurry. In Canada, according to this Toronto Start article,
What do you think? Reading some of the comments in response to the Star’s article, it seems that people don’t agree. That if you have HIV and you have sex without telling your partner, whether he or she becomes infected isn’t the issue. It’s the gamble you took - much like shooting off a gun. If it has a bullet and you kill someone, you’re charged. If you point your gun at someone, pull the trigger, but it jams, are you still not going to be charged with anything? What about if you miss?
~~~~~
Image: Stock.xchng
Post from: Blisstree
The Criminalization of HIV/AIDS