Thursday, August 26, 2010

Deadly Assault with a Virus



Towleroad has a really good article on HIV as Aggravated Assault.

My two cents? If an HIV+ person is knowingly trying to spread his or her disease, then he should be prosecuted under the law. But if someone is having unprotected sex and not aware of the risks inherent in unprotected sex - risk of disease, risk that one or the other partner may not know or may be lying about his status - then I honestly believe that that someone is probably too naïve to be having sex at all.

10 comments:

G MAN said...

WELL NOW THAT YOU HAVE STARTED THE TOPIC. I HAVE ALWAYS FELT THAT IF SOMEONE WAS HIV POSITIVE AND KNEW HIS OR HER STATUS AND HAD UNPROTECTED SEX WITHOUT DISCLOSING SAID STATUS OR LIED ABOUT STATUS THEY SHOULD BE PROSICUTED. KNOWING THE RISKS AND HAVING SEX BAREBACK IS A CHOICE BUT BY LYING ABOUT STATUS REMOVES MUCH NEEDED INFORMATION FROM YOUR PARTNER WHEN MAKING AN "INFORMED CHOICE" SO I DO AGREE, IF THE POSITIVE PARTY LIES OR HIDES STATUS THEN THEY SHOULD BE CHARGED WITH A CRIME.

Writer said...

First of all, I agree as an HIV+ man that if someone who is HIV+ willfully does not disclose or lies about his status and if his intent is to willfully cause harm, that, yes, he is committing a crime.

However, I think it is wrong in this day and age to portray the receptive partner as some sort of victim who doesn't know what the risks are. If you are allowing a man to fuck you without a condom, you quite literally need to know what you are getting into.

Secondly, please, use your inside voice. There should be no screaming on my blog. Use caps to EMPHASIZE important ideas, but turn off the all caps - otherwise you sound hysterical. And we save hysteria for the Tea Party.

Eduardo Guize said...

Unfortunately people can be that naive...

EMikeGarcia said...

I agree, 100% with your "two cents," however, I'm curious to know how you feel about not disclosing your HIV status to your partners when you aren't asked? Do you feel that you have no obligation to disclose it if you're using protection? Do you feel that those who don't disclose and still continue to have unprotected sex should be prosecuted?

Most gay men who are lucky enough to make it through their lives without contracting HIV, and I say lucky because anyone over the age of 25 who says they've NEVER had unprotected sex is either lying or a social pariah... Anyhow, those who are lucky enough to remain negative past their most, err, irresponsible years, probably shares the opinion of G MAN up there... Which is, basically, wanting to brand everyone who is positive with a huge, scarlet +.

EMikeGarcia said...

Just leaving another comment so I can subscribe to any other comments on this post.

Writer said...

I know, Eduardo, and they aren't going to stop having sex...ever.

Writer said...

I agree with you, Mike, this whole conversation is more about stigma than it is about a disease or a crime: if it were actually a crime to spread a disease, we could probably hawl Phillip Morris (lung cancer) and Betty Crocker (diabetes) into court for assault.

As for your first question(s), it depends on the situation. If I feel that I and my partner are heading towards (anal) sex, I tell him whether he asks or not. However, if I use protection, I don't feel obligated to disclose. But that is a big IF because typically I sero-sort for partners (or I find partners who are knowledgeable enough to know that since my viral load is undetectable and that I'm on medicine that it is close to impossible for me to spread the virus - the article that I link to talks about this some too I think) because I don't like condoms. And typically I'm a pretty big blabber mouth about my status in the hopes my potential partner will say that he's poz too.

There are many reasons why a guy (or gal) may not disclose their status but it all boils down to the stigma, so if he continues having unprotected sex without disclosing, I then think we have to look at his intent: is he simply having sex or is he actually intending harm?

G MAN said...

Well let me first say sorry about the caps on the first comment I was working on something esle and forgot to turn them off... my bad... second EVERYONE is responceable for his own actions and the risks that he chooses to take. I have yet to meet anyone who can say with 100% honesty that they have never had unprotected sex.

I do not wish anyone to put words in my mouth so I wish clearify my previous by post by saying that I do not think that all hiv positive people should have a scarlet letter or any such thing I believe it is private and between partners. I do believe that everyone has a responsability to ask your sex partner for his status before engaging in sexual activity protected or not. Condoms do break so you should ask either way you go. IF you go bareback then you know your taking the added risk to start with and really should ask. My only point on my previos post is that if you ask and the person lies or is actively consealing his status in order to spread hiv to as many people as he can than YES he should be held accountable under the law. He should be prosicuted.

As gay men we live in the year 2010 we should all be asking our partners about hiv status. I don't care if it is a one night stand or if your in a long term relationship you should know. I am in a long term relationship and my husband and I were both test together.

TO BE BLUNT if your going to get naked with someone and have sex and your not ashamed of that then you really shouldn't be ashamed to ask the one question that may save your life.

I hope this makes things clearer. I look forward to your further comments.

Thanks for keeping them intelligent.

Cubby said...

EMikeGarcia said: "...anyone over the age of 25 who says they've NEVER had unprotected sex is either lying or a social pariah."

Is that how people think of me? Like I'm some kind of fucking freak?!

Writer said...

No, Cubby, I don't think Mike meant that you are a freak but I think the blanket assumption is that we've all taken risks. And, basically but for the grace of God, Allah, Buddha, the Universe, or your deity of choice, we'd all be HIV+.

Well...lol...you'd all be HIV+. I already am.