View Poll Results: Should those with HIV/Aids be required by law to tell their lover they have HIV/aids

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Thread: Should those with HIV/Aids be required by law to tell their lover they have HIV/aids

  1. #31
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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    Quote Originally Posted by Orion View Post
    I can comment on this as a health professional.

    No, they should not. I say this because of the policy level implications. All HIV/AIDS testing in North America has the option of anonymity. If it were law to inform your partners of your status, then fewer people would get tested, and thus more people would be ignorantly spreading the disease.

    Think about it... if you suspect you MIGHT be infected but don't know for sure, some people would just talk themselves out of getting tested. After all, if it's illegal to not tell your partner that you're infected, it would be scary to have to deal with the conflict and drama that would follow. So those people might choose to not get tested out of fear of what a positive result might mean.

    I find it hypocritical that those against the health care bill on the grounds that the government shouldn't be interfering in people's health would be in favor of mandatory HIV disclosure. If two people are having consensual, unprotected sex, then they are mutually making the choice to take a risk. It's not the government's job to manage the health and social lives of those infected.

    Also, why just HIV? Even though herpes is not fatal, it is extremely life altering to those who are infected and suffer regular outbreaks of sores. Why does HIV get singled out?

    I can just see the privacy and civil rights violations. There is no benefit to society here. I think very few instances of this type of criminal activity exist. The law would only end up punishing the vast majority of those infected who already live with a stigma hanging over their heads yet manage their lives responsibly. Such legislation removes their power to choose.

    If you don't want to catch a disease, then use protection, don't have sex, or make sure that you and your partner get tested and share the results before engaging in unprotected sex. It's really that simple. We don't need big brother management of this situation.
    Can't agree with you here. I think that if you know you are infected and you do not disclose this to someone you are having sex with, then you are directly putting them in harm's way and that's against the law. The gun is in your hand and you pulled the trigger by having unprotected sex knowing that it would result in their death. That's all it takes to prove culpability for manslaughter or attempted manslaughter.

    I think that if it is transferred in commission of a rape, it should aggravate the rape to a capital offense just like a death that occurs in the commission of a robbery with a firearm.

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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    Quote Originally Posted by jallman View Post
    Can't agree with you here. I think that if you know you are infected and you do not disclose this to someone you are having sex with, then you are directly putting them in harm's way and that's against the law. The gun is in your hand and you pulled the trigger by having unprotected sex knowing that it would result in their death. That's all it takes to prove culpability for manslaughter or attempted manslaughter.

    I think that if it is transferred in commission of a rape, it should aggravate the rape to a capital offense just like a death that occurs in the commission of a robbery with a firearm.
    Except that with modern medicine, people with HIV/AIDS can live full lives now, so there is no guarantee of death. AIDS is not a death sentence like it used to be, so I think manslaughter would be a tough sell. That's why a law has to be written in that deals specifically with criminal AIDS transmission.

    I agree with your second paragraph. If someone uses their disease as a murder mechanism or just deliberately infects someone, then they should be held accountable for it. Other than that, I think mandatory disclosure laws that try to pre-empt this will be little more than a thinly veiled violation of privacy and civil rights.

    Cases of criminal transmission are not common. Most people who pass on the infection don't know they're infected. A new law is not needed. The current system punishes people if they commit a crime, and it should stay that way. Forcing innocent people who haven't infected their partners to disclose a confidential condition is a violation of their right to choose.

    It's none of the government's damn business who they are dating or having sex with. If they infect someone and that person presses charges, then that should be deterrent enough to others.

  3. #33
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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    Quote Originally Posted by Orion View Post
    I can comment on this as a health professional.

    No, they should not. I say this because of the policy level implications. All HIV/AIDS testing in North America has the option of anonymity. If it were law to inform your partners of your status, then fewer people would get tested, and thus more people would be ignorantly spreading the disease.

    Think about it... if you suspect you MIGHT be infected but don't know for sure, some people would just talk themselves out of getting tested. After all, if it's illegal to not tell your partner that you're infected, it would be scary to have to deal with the conflict and drama that would follow. So those people might choose to not get tested out of fear of what a positive result might mean.
    Yes, they absolutely should. I think that exact opposite. I think that you are enabling irresponsible behavior. If a person does not act responsibly, then they should be prosecuted to the fullest extent of the law. If the law does not cover this properly, then new laws should be passed that will make consequences so severe, that failure to get tested or inform your partner will scare the crap out of drama queens so badly that they will get tested.

    If a person is too scared to go and get tested out of fear of drama, and they spread the disease, then they should be prosecuted for negligent -fill in the blank- (murder) if the person ends up dying. This would set a trend. This would show others that failure to get tested, to be responsible, would result in consequence. Being scared is a crappy reason to spread a deadly disease. What a crock of **** it is to have people act irresponsibly and have others enable such horrid behavior.

    I find it hypocritical that those against the health care bill on the grounds that the government shouldn't be interfering in people's health would be in favor of mandatory HIV disclosure. If two people are having consensual, unprotected sex, then they are mutually making the choice to take a risk. It's not the government's job to manage the health and social lives of those infected.
    Most people operate under the assumption that their partner is not a fear mongering disease spreading idiot.

    Also, why just HIV? Even though herpes is not fatal, it is extremely life altering to those who are infected and suffer regular outbreaks of sores. Why does HIV get singled out?
    Good point. Toss in most STD's and major diseases while we are at it. This is truly a good idea. Protect more people.

    I can just see the privacy and civil rights violations. There is no benefit to society here. I think very few instances of this type of criminal activity exist. The law would only end up punishing the vast majority of those infected who already live with a stigma hanging over their heads yet manage their lives responsibly. Such legislation removes their power to choose.
    Bull****. There is a major benefit to society. Less disease.

    If you don't want to catch a disease, then use protection, don't have sex, or make sure that you and your partner get tested and share the results before engaging in unprotected sex. It's really that simple. We don't need big brother management of this situation.
    Protection is not 100%. As a health service professional, you should know this.
    Last edited by Flea; 04-12-10 at 04:05 AM.

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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    from the OP:
    • Open communication and trust are important for healthy relationships.
    On that I do agree. A new law would be impossible to enforce. You'd wind up right back where we are now, arresting people after the damage has been done.
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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    Quote Originally Posted by Orion View Post
    If someone uses their disease as a murder mechanism or just deliberately infects someone, then they should be held accountable for it. Other than that, I think mandatory disclosure laws that try to pre-empt this will be little more than a thinly veiled violation of privacy and civil rights.

    It's none of the government's damn business who they are dating or having sex with. If they infect someone and that person presses charges, then that should be deterrent enough to others.


    Yep. I think the asses that would knowingly have sex with people without telling their partner about a known disease are few. Haven't the ones who have done that in the past had manslaughter charges brought against them anyway.....without a law of disclosure in place?


    Making disclosure an actual law seems to put too many people at risk. The first thing I thought of was the way they list the names of sexual offenders in the paper (yes I see that as a good thing) but what would stop officials from publicizing the names of the people who have HIV?

    Not saying it would happen but that's just one of the slippery slopes I see as a possibility.


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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    Such a law is just not necessary. Existing laws can be interpreted to prosecute such people as the sex did not involve informed consent (rape), and knowingly putting somebody somebody at risk of a deadly disease without their consent is manslaughter.

    Quote Originally Posted by Flea View Post
    Quote Originally Posted by Orion View Post
    No, they should not. I say this because of the policy level implications. All HIV/AIDS testing in North America has the option of anonymity. If it were law to inform your partners of your status, then fewer people would get tested, and thus more people would be ignorantly spreading the disease.

    Think about it... if you suspect you MIGHT be infected but don't know for sure, some people would just talk themselves out of getting tested. After all, if it's illegal to not tell your partner that you're infected, it would be scary to have to deal with the conflict and drama that would follow. So those people might choose to not get tested out of fear of what a positive result might mean.
    Yes, they absolutely should. I think that exact opposite. I think that you are enabling irresponsible behavior. If a person does not act responsibly, then they should be prosecuted to the fullest extent of the law. If the law does not cover this properly, then new laws should be passed that will make consequences so severe, that failure to get tested or inform your partner will scare the crap out of drama queens so badly that they will get tested.
    I have a problem with your idea of forcing people who engage in high-risk behavior to get tested. This is neither enforceable nor ethical and it would make a mockery of both our legal and health systems.

    Orion was arguing from a public health perspective with outcomes in mind. Most HIV spread is from people who do not yet know they are infected. If you create a situation that makes people less likely to want to get tested, then you actually increase HIV spread because the primary problem is that people who have HIV do not know that they have it.

    Quote Originally Posted by Flea View Post
    If a person is too scared to go and get tested out of fear of drama, and they spread the disease, then they should be prosecuted for negligent -fill in the blank- (murder) if the person ends up dying. This would set a trend. This would show others that failure to get tested, to be responsible, would result in consequence. Being scared is a crappy reason to spread a deadly disease. What a crock of **** it is to have people act irresponsibly and have others enable such horrid behavior.
    Enabling would imply that these actions make it easier for them to engage in irresponsible behavior. This is not the case. Would you really be okay with increasing the spread of HIV so that you can be more sure to punish a small group of sociopaths? That would be, in itself, sociopathic.

    Quote Originally Posted by Flea View Post
    Quote Originally Posted by Orion View Post
    If you don't want to catch a disease, then use protection, don't have sex, or make sure that you and your partner get tested and share the results before engaging in unprotected sex. It's really that simple. We don't need big brother management of this situation.
    Protection is not 100%. As a health service professional, you should know this.
    The only sure way to avoid an STD is to never have sex, as even if you're monogamous your partner could still cheat on you.

    Protection significantly reduces the chances of transmission of almost all STDs. His idea of both partners getting tested is another good idea, but of course that's not 100% as false negatives are possible (though highly unlikely). And if we were talking about HPV, the strains that contribute to most cervical cancers are usually asymptomatic in males and generally not picked up in STD testing of males.
    Last edited by LiveUninhibited; 04-12-10 at 10:42 AM.

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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    Quote Originally Posted by missypea View Post
    Yep. I think the asses that would knowingly have sex with people without telling their partner about a known disease are few. Haven't the ones who have done that in the past had manslaughter charges brought against them anyway.....without a law of disclosure in place?
    Yes, they have. We live in an innocent-until-proven-guilty system. There is no need for a new law to come down on innocent people who are infected.

    Quote Originally Posted by missypea View Post
    Making disclosure an actual law seems to put too many people at risk. The first thing I thought of was the way they list the names of sexual offenders in the paper (yes I see that as a good thing) but what would stop officials from publicizing the names of the people who have HIV?

    Not saying it would happen but that's just one of the slippery slopes I see as a possibility.
    Actually it's not a slippery slope at all, it's something that would definitely happen. If people are forced to disclose their status by law, then you can say goodbye to anonymous testing, in which case you can say goodbye to a lot of people getting themselves tested regularly. Why would people get tested for HIV if the government is going to interfere in their lives?

    A law like that would be a public health disaster. It would spread the disease more rapidly by putting negative pressure on getting tested, something that is already difficult to get people to do, even in developed nations where many areas offer it for free.

    It's none of the government's damn business what your status is.

  8. #38
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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    tell them? no


    show them ... with a requisite tattoo "HIV+" in their nether region? yes
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  9. #39
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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    In a moral sense , yes, absolutely.
    In a legal sense, no, I think we are becoming a nation with far too many laws and too many lawyers.
    But, I may be wrong.

  10. #40
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    Re: Should those with HIV/Aids be required by law to tell their lover they have HIV/a

    Quote Originally Posted by Orion View Post
    It's none of the government's damn business what your status is.
    No, it's not.

    But it IS the business of your sexual partner. As much their business as it would be if you were pointing a loaded gun at them.

    If I load a gun, aim it at my partner and shoot... I don't see that much difference between that and having sex with them when I KNOW I have HIV and they do not know and do not consent to that risk.

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