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Poll: HIV Criminalization Laws
View Poll Results: Should they change the laws?
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No; they should stay the same
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6 |
28.57% |
Yes; laws should reflect current facts
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11 |
52.38% |
Indecisive; need more information in regards to the laws surrounding the disease.
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4 |
19.05% |
Member Since: 3/15/2013
Posts: 1,186
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Quote:
Originally posted by Goosey
What's the issue with disclosing it?
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The stigma brought on by disclosing it. Or even using it to your advantage in a court of law..
for example:
let's say i was dating you and informed you I was HIV positive but under my meds I was undetectable and you're unable to get it. Let's say you never contract the virus, yet we break up in a horrible manner.
You could go to the police station, inform them I exposed you to HIV without telling you, and BAM! I'm in prison, registering as a sex offender, due to you heading to the police. It would be he said, he said in court, but due to my medical history of being positive, its a done deal. I could say you knew over and over, yet I'd still be screwed.
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Member Since: 8/12/2007
Posts: 15,237
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This is a very sticky situation.
The laws are old on this, and some examples in here do bring up concerns. All I gotta say is, it takes two to tango. YOU must protect yourself, don't take other peoples word for it.
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Member Since: 12/14/2006
Posts: 6,181
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Question. What If you're +, but you've never gotten yourself tested? What Happens then if you infected someone?
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Banned
Member Since: 12/29/2002
Posts: 19,803
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Quote:
Originally posted by Goosey
You think people should be allowed to give others HIV without any repercussions? If someone knows they are HIV positive and spreads their HIV to another person they didn't inform, yes, they should be thrown in jail. If they don't want to be punished maybe they should try informing their partner of their condition. 34 states and 60 countries adopted these laws, and even more have other applicable laws.
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No, we shouldn't. You need to be aware of the repercussions of unprotected sex. YOU. Not us. Why should we be your babysitter? 99% of people with the virus are simply trying to get laid without being pointed at and discriminated against, it's only a very small percentage that actively seek transmission to others with malicious intent. If you're negative wear a condom and take the pill (yes there's a pill that prevents transmission now), take charge of your health and responsibility for your actions. It's that simple.
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Banned
Member Since: 3/19/2012
Posts: 7,835
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Quote:
Originally posted by Vato
No, we shouldn't. You need to be aware of the repercussions of unprotected sex. YOU. Not us. Why should we be your babysitter? 99% of people with the virus are simply trying to get laid without being pointed at and discriminated against, it's only a very small percentage that actively seek transmission to others with malicious intent. If you're negative wear a condom and take the pill (yes there's a pill that prevents transmission now), take charge of your health and responsibility for your actions. It's that simple.
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No, bzz, incorrect.
If you got the virus, you take responsibility for it now. You don't risk spreading it to other people and say "oh, your fault, you should have assumed".
It's embarrassing to disclose it? Well, that sucks. But you know what sucks worse? Getting HIV because your partner didn't tell you they had it ("why should I be your babysitter?").
The laws are in place for a reason. If someone gets HIV because their partner didn't tell them, that person is now responsible and has to face the consequences. There's no excuse for not telling someone.
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Member Since: 4/4/2014
Posts: 17,141
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Excuse me no. You have a responsibility to tell those who you have intimate relations with that you have HIV+. Purposely not telling someone and saying it's their own fault they contracted it is just vindictive. You don't "forget" to mention something like that. If you care about them, you would tell them regardless. Purposely spreading any other form of disease (i.e. through blood in public places) is against the law for the same reason, so no, this should stay illegal.
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ATRL Contributor
Member Since: 1/2/2014
Posts: 5,161
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Quote:
Originally posted by Goosey
No, bzz, incorrect.
If you got the virus, you take responsibility for it now. You don't risk spreading it to other people and say "oh, your fault, you should have assumed".
It's embarrassing to disclose it? Well, that sucks. But you know what sucks worse? Getting HIV because your partner didn't tell you they had it ("why should I be your babysitter?").
The laws are in place for a reason. If someone gets HIV because their partner didn't tell them, that person is now responsible and has to face the consequences. There's no excuse for not telling someone.
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Banned
Member Since: 12/29/2002
Posts: 19,803
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Quote:
Originally posted by Goosey
No, bzz, incorrect.
If you got the virus, you take responsibility for it now. You don't risk spreading it to other people and say "oh, your fault, you should have assumed".
It's embarrassing to disclose it? Well, that sucks. But you know what sucks worse? Getting HIV because your partner didn't tell you they had it ("why should I be your babysitter?").
The laws are in place for a reason. If someone gets HIV because their partner didn't tell them, that person is now responsible and has to face the consequences. There's no excuse for not telling someone.
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Quote:
Originally posted by RihannaRTT
Excuse me no. You have a responsibility to tell those who you have intimate relations with that you have HIV+. Purposely not telling someone and saying it's their own fault they contracted it is just vindictive. You don't "forget" to mention something like that. If you care about them, you would tell them regardless. Purposely spreading any other form of disease (i.e. through blood in public places) is against the law for the same reason, so no, this should stay illegal.
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I get where you're coming from and I agree to an extent, but the current laws have sent people to jail even when they didn't know they have the virus and even when no transmission actually happened. You can't possibly think that's ok.
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Member Since: 4/4/2014
Posts: 17,141
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Quote:
Originally posted by Vato
I get where you're coming from and I agree to an extent, but the current laws have sent people to jail even when they didn't know they have the virus and even when no transmission actually happened. You can't possibly think that's ok.
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My thoughts on both situations:
If you didn't know you had the virus - that's tricky. You could claim ignorance instead of being negligible, and usually I would say you shouldn't be punished, but then think about the consequences you inflicted on the other person. It's as much your fault (if not more) than theirs that they got it from you. I'm torn on this one tbh coz both parties were either ignorant or negligible.
If no transmission happens - I still think that's wrong though. Regardless of if they contract it, you still purposely tried to get them infected and didn't tell them. They were just lucky.
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Banned
Member Since: 12/29/2002
Posts: 19,803
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Quote:
Originally posted by RihannaRTT
My thoughts on both situations:
If no transmission happens - I still think that's wrong though. Regardless of if they contract it, you still purposely tried to get them infected and didn't tell them. They were just lucky.
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But this brings us back to the same question. Why are you expecting the other person to be responsible for YOUR health? You have to take charge and take responsibility, period. I'm not entirely against some form of punishment, but prison and sex offender status is extreme when both parties are at fault. This only makes the stigma worse and believe me, that's more debilitating on us than the disease itself.
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Banned
Member Since: 3/19/2012
Posts: 7,835
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Quote:
Originally posted by Vato
I get where you're coming from and I agree to an extent, but the current laws have sent people to jail even when they didn't know they have the virus and even when no transmission actually happened. You can't possibly think that's ok.
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The bolded part is not okay, but if someone knows they have it, don't tell their partner and that person contracts it, they must be held responsible.
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Banned
Member Since: 12/29/2002
Posts: 19,803
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Quote:
Originally posted by Goosey
The bolded part is not okay, but if someone knows they have it, don't tell their partner and that person contracts it, they must be held responsible.
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Completely agree on this. The current punishment is a reach though. Jail and sex offender status is not something you come back from. It needs to be adjusted to the severity of the disease TODAY. These archaic laws came to pass when the disease was a death sentence and it's pretty clear that's not the case anymore.
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Member Since: 4/4/2014
Posts: 17,141
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Quote:
Originally posted by Vato
But this brings us back to the same question. Why are you expecting the other person to be responsible for YOUR health? You have to take charge and take responsibility, period. I'm not entirely against some form of punishment, but prison and sex offender status is extreme when both parties are at fault. This only makes the stigma worse and believe me, that's more debilitating on us than the disease itself.
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Because purposely infecting or attempting to infect someone else with a disease that they're going to be stuck with the rest of their life is your fault and not any one else's. They're not the one who is lying or being deceiptful; just a bit stupid. The person who doesn't tell them they are + though...
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Banned
Member Since: 12/29/2002
Posts: 19,803
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Quote:
Originally posted by RihannaRTT
Because purposely infecting or attempting to infect someone else with a disease that they're going to be stuck with the rest of their life is your fault and not any one else's. They're not the one who is lying or being deceiptful; just a bit stupid. The person who doesn't tell them they are + though...
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By this logic, moms that give the virus to their child during birth should be sent to jail too. Is that what you're saying?
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Member Since: 3/15/2013
Posts: 1,186
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Too many people to quote but let's be REAL and HONEST about how the law and current medicine works.
Healthcare for an HIV positive person is absolutely guaranteed in every circumstance, that's negiglence and illegal to be denied healthcare of any sort due to the nature of the condition and the chances of building viral immunity to meds or even a higher risk of transmitting it to others.
Second, like I've aforementioned and im sure as Vato knows, transmission under an undetectable viral load is relatively safe, I'll link studies done between a positive/negative couple where NONE had transmitted the virus while under undetectable viral loads and unprotected.
NOW I'm not saying it's okay to be unprotected, cause that to me is irresponsible, but as it comes to how human biology works, sex is a natural form for humans and if practiced intelligently, i think that these laws should be relaxed for the positive folks who are in fact, on an actual medical plan with ARV's.
And last to whoever mentioned the nurse and testifying in court, that's illegal and considered a breach of confidentiality. I work in the medical field and there is zero way, shape,'or form, you're allowed to release or talk about anyone's medical history.
There was a nurse I worked with who told me about a man who contracted the virus in prison, took meds, and was undetectable. Well he thought he was cured, came back home to wife is knowingly transmitted to his wife and she ended up birthing two kids who were positive whilst his wife had no idea. He denied it to her that he never knew, but obviously the nurse knew otherwise and couldn't say ****, cause it's a breach of confidentiality.
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