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Forum nameGeneral Discussion
Topic subjectit shouldn't be criminalized, period.
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=12725065&mesg_id=12725134
12725134, it shouldn't be criminalized, period.
Posted by SoWhat, Wed Feb-11-15 03:00 PM
>However if a person had the mens rea (is that the word?) to
>set out and infect someone, that is a criminal act IMHOP.

would you say the same about syphilis?

what if a woman had sex w/a man who didn't want to impregnate her but she intended to get pregnant anyway and did so by deception. should she be labeled a criminal?

>Generally speaking though I think you probably have a moral
>obligation to disclose to a sexual partner something that you
>reasonably believe that they would want to know that is
>sexually related and may affect their health and/or their
>decision to want to have sex with you.

i don't think so at all. i think that each of us has a 'duty' to protect ourselves. and i think that poz folks who don't want to disclose their status should insist on safer sex practices that minimize their partner's risk. and it's up to their partner to take it from there.

>If you know that they may not want to have sex with you if
>they found out you are married, morally speaking you should
>probably tell them.

should the person who fails to disclose marital status be labeled a criminal for the failure?

i don't think any of the acts i've mentioned should be criminalized b/c the criminalization will not curb the behavior. in fact it may increase it. plus it will definitely increase the stigma attached to HIV in particular. b/c it will communicate to the dummies among us that poz status itself is criminal or illegal. plus it'll add more folks to our already overcrowded jails and prisons. plus it'll add more cases to the judicial system which is already over burdened. meanwhile HIV won't be eradicated and will still be transmitted.

if we want to curb HIV transmission we should focus on scientific research to create new prevention and care methods (like PREP, for example) and public awareness campaigns that encourage ppl to use the various prevention and care methods. handing out criminal convictions won't stop or diminish the spreading of HIV.

>Same with HIV status. Minimizing the risk by 94% does not
>minimize the risk to zero which would be the risk status if a
>person chose to not have sex with you.

the risk can also be reduced to 0 by choosing safer sex acts.

and that risk of transmission gets even lower if the partners use condoms. it's at 94% w/o condoms.