Surprises can be fun, but not when it comes to STDs — especially HIV and AIDS. Unfortunately, one Arkansas man knowingly gave a woman HIV recently, a surprise she definitely didn’t ask for, according to ABC 11 news. According to the article, he pleaded not guilty. If he is guilty, he could face six to 30 years in prison for passing along HIV through unprotected sex.
Though it is immoral for a person to pass along HIV while knowing he or she has it, the partner should always demand protection, whether it is a female or male condom or birth control, etc. This would have at least eliminated the likelihood of contracting HIV. However, the woman mentioned did not protect herself and is now suffering the consequences of her partner’s possible deception.
For those who decide they don’t care who they pass their HIV/AIDS on to, think again. There are laws against this deadly deception.
According to the Well Project Web site, people with HIV/AIDS should inform anyone who could have contracted the virus, especially sex partners. It is advised to tell close family and friends, mainly to garner support.
The Web site also states that in most states, there are laws that require the disclosure of your condition, at least when the virus can be passed on to another person in certain situations.
However, not everyone knows about these laws, even to the extent that a study was conducted on “HIV positive persons’ awareness and understanding of their state’s criminal HIV disclosure law.” Fortunately, the Oct. 2008 study found that most participants knew their state at least had a law about HIV disclosure, though most were uncertain about certain aspects of the law.
Though each state may differ, the general consensus is that those with HIV need to warn those who have the possibility of getting infected. Michigan is one state that has such a law. This law states that sexual penetration without informing another of his or her HIV status is a felony. The law is known as Act 368 of 1978.
Basically, if you have HIV, respect those around you and try to prevent the spread of the infection. Not all surprises are good, and your partner would most likely not appreciate a lifelong struggle due to your lack of discretion. Besides the pain you may cause others, you would go to jail for your crime, depending on the state.
For those who do not know they have HIV, they would probably not be considered as breaking the law. However, this means people need to be checked every year, especially if they have multiple sex partners or if they have contact with bodily fluids from other people.
Sources:
http://abclocal.go.com/wtvd/story?section=news/local&id=7052769
http://www.thewellproject.org/en_US/Womens_Center/HIV_and_Disclosure.jsp
http://www.ncbi.nlm.nih.gov/pubmed/18975069
http://www.legislature.mi.gov/(S(20hzz355ttvo4i45x5madgzt))/mileg.aspx?page=getObject&objectName=mcl-333-5210