Big Legal Ruling On HIV Transmision
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4 March 2009 | 12 Comments
Well, the Swiss courts have just ruled that people who have undetectable viral loads can’t be charged with HIV transmission because the transmission is likely just “hypothetical”. That’s a huge step forward, IMO. The current laws on HIV transmission were created in a time when HIV was incurable and a fairly quick death sentence. That’s just not the case anymore and gay men have known it in their guts for nearly a decade now. Last year Swiss government researchers confirmed what we strongly suspected – there’s essentially no risk in serodiscordant (poz/neg) heterosexual sex provided certain criteria are met, and that the same is probably true for gay sex. In other words the current drug cocktails change things substantially enough that we have to rethink our assumptions on what should be legally criminal transmission of HIV.
It’s a little sad how we’ve criminalized our brothers for having sex. I mean people are going to jail when no actual transmission occurred. And the burdon is put on the poz person to disclose rather than the neg person to ask which basically makes poz people sexual lepers, at least legally. Hopefully those attitudes will change as people re-evaluate what it means to be poz.
Like the case last year with the hot poz guy in North Carolina who was put under house arrest for barebacking (incidentally, he found the post and posted a comment just a week or so ago). Whether there was actual infection should have been considered, the sexual history of the negative person should have been considered, and his viral load should have been considered. But North Carolina is hardly a progressive state and I’m sure none of those were considered.
I doubt we’ll see these types of legal decisions in the US any time soon. But we can hope… At least the tide is changing somewhere…
Geneva’s deputy public prosecutor, Yves Bertossa, believes it is only a matter of time before other jurisdictions realise that prosecutions for HIV exposure should not take place when the accused is on successful antiretroviral therapy. He told Radio Lac: “There are some medical advances which can change the law. I think that in other [parts of Switzerland] or in other countries, the same conclusions should apply to their laws.”
Now we can start to discriminate against hiv+ people who are not yet into HART medication. “Oh, I prefer to have sex with guy who have an “undetectable” satus…..”
;-(
Don’t get HIV then. You’re responsible for your health, if you don’t want to be in legal trouble, don’t be stupid.
@ BK
So, getting HIV is a matter of stupidity then?
….somehow strange comment….
@ Adam and Bemy–I think BK is refering to the legal aspect here.
If driving an automobile under the influence results in a car-crash fatality with the drunk driver getting convicted of manslaughter, I’d call that stupidity. Under many current laws, a person with HIV who does not disclose their status to their partner can be likewise prosecuted.
Getting HIV isn’t a matter of stupidity; but screwing around while you have it and not disclosing while there are laws against it is.
“the same is probably true for gay sex”
That only goes for monogamous long-term relationships. There’s plenty evidence to the contrary in the case of promiscuous gay men having bareback sex with multiple partners. Other sexually transmitted diseases do mess up the immunological status and sores provide a pathway into the bloodstream. Smoking alone triples the risk of infection with HIV, other drugs more so.
“And the burdon is put on the poz person to disclose rather than the neg person to ask.
That goes for ALL communicable diseases and is a good thing / withouth alternative. You have to look at society in a broader context. Being part of certain lifestyle can NEVER mean that you surrender your right to make an informed determination as to which health risks you are willing to take. A muslim woman also has the right not to get beaten up by her husband, even if it’s part of the traditional lifestyle.
“which basically makes poz people sexual lepers, at least legally.”
Even if that stamenent held water (which it does not – those poz guys I know who are open about their status get a lot of sex even – or should I say especially – with neg partners. The “lepers” are the ones who aren’t honest, because it always comes out and word of mouth travels fast), that doesn’t change a thing. You have to weigh to fundamental rights against each other:
a.) The right to privacy and b.) the rights to self-determination, health and physical integrity
B outweighs A. Simple as that. No, it isn’t fair. But in cases where fairness is unobtainable you have to protect the potential victim, BECAUSE you have to assume that every man values his health (even if some guys really don’t).
“Hopefully those attitudes will change as people re-evaluate what it means to be poz.”
Yes. But that doesn’t change two fundamental truths. One: Having an incurable disease and being forced to take medication and suffer from potential side-effects like your 75-year old grandparents sucks. It takes the lightness and whimsy out of life. If you have it, you can pass it on to others, if you don’t have it, you can’t. I know many poz guys who DO NOT WANT TO HAVE HEP C and insist on a condom if their partner has it. Of course they discriminate. But it is their goddam right to decide just how much they want to fuck up the liver they need to metabolize their HIV-medication. Why should neg guys have less of a say when it comes to their health?
I’d be interested to know what Rawtop and other posters on here think about advocating funding for HIV research while promoting bareback sex. I’m not deliberately trying to be obnoxious, it’s just a genuine question.
In many ways I understand why people decide to bareback, but I can’t help thinking there’s a contradiction here. If we really thought HIV was such a big deal, shouldn’t we campaign for safe sex – at least for those who are still neg?
“The current laws on HIV transmission were created in a time when HIV was incurable”
Has something changed or is it still incurable? Two of my friends died form it in 2008.
As usual you talk using your sex drive and not your brain. IMO
“I don’t know anyone who even knows anyone who’s dying these days…”
Gay men with AIDS don’t die public deaths anymore. They just vanish and we chose to ignore the voids.