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Posted 3 years ago.
See this poll on: http://www.ontarioaidsnetwork.on.ca/prog_onlinebenefits_disab…
This should be a public health issue not a criminal court issue. The Ministry of Health has wide powers that are more than sufficient to deal with the vast majority of these sort of cases. The UN position should be the standard.
Non-disclosure is not a crime! People lie all the time to get laid. Just go to any internet pick up site and read the profiles. People claim to be rich, beautiful, unmarried, clean, young etc... It's just when an HIV+ person chooses to not disclose his/her status that the law has decided to intervene. To quote, Pierre Trudeau, "The state has no place in the bedrooms of the nation." Criminal charges for non-disclosure are discriminatory and are contrary to the Charter of Rights and Freedoms in Canada.
This poll question did not say anything about whether or not the sex was protected. Safer sex, not HIV status disclosure, prevents HIV transmission. Unprotected sex, not keeping your HIV status as the privacy and personal medical information that is it, is what transmits HIV.
Interestingly enough, I started out before reading some of these comments believing that the onus was on the partner who knew their status. However, I'm sure we've all been in the "one night only" position. How many people, regardless of whether or not they were + or - didn't use protection? I know I didn't on one occassion, and I went and got tested afterwards to be sure. Would I blame that person? If they knew? Potentially... however, it was also my responsibility to protect myself. You can't expect that a guy is going to wrap up just because you don't ask him to. Yes, there are guys who do it automatically, but there are just as many who don't. If this behaviour is their modus operandi, then maybe we have a right to press charges then, but if they honestly have no clue, and you didn't request a condom, then in this age where there are any number of STI's out there, you have just as much responsibility for the outcome as they do.
Anything less than full disclosure is morally wrong and extremely reckless in my opinion. If people arent prepared to act responsibly then they must be willing to deal with the consequences. Someone who unknowingly has sex with someone who didnt mention their status has been put at risk by a very selfish partner in my opinion.
In this day and age, 25 years after this epidemic began, I can't believe people are still having unprotected casual sex. We know that the majority of new HIV infections are caused because of people who do not know their HIV status; they believe they are HIV negative. The one thing that astonishes me in all the cases where police have pressed charges, where is the onus or responsibility of the HIV negative person to protect themselves and wear a condom? Everyone should assume that all their casual sexual partners are HIV+ and act accordingly; otherwise they should accept the risk of contracting HIV and then not point the finger at the HIV+ person. There are close to 70,000 Canadians living with HIV and I can only imagine that a vast majority are HIV+ because either their partner lied or did not know their status; are we going to put everyone behind bars that infected someone? It takes 2 to tango and an HIV negative person has as much responsibility to protect their negative status as and HIV+ person does to disclose theirs.
I have read some of the comments and respect peoples opinions and I wonder if people truly understand the gravity and seriousness of the charges involved. We are talking in some cases attempted murder. I believe the Law is discriminatory and unlawful, not only does it put the health of others squarely on the shoulders of someone who is positive but it further stigmatizes hiv/aids. The notion of holding someone else responsible (legally responsible) for someone else's bad judgment and inability to put a condom on is reprehensible. I believe that its everyones own responsibility to safeguard there health. I also believe that every HIV+ person has an ethical responsibility to disclose their HIV status to all their sex partners. I don't believe they should be held legally responsible for another persons inability to protect their own health, especially when all it takes is putting on a condom. If your truly concerned about your health wear a condom disclosure or not. If you still choose to have unprotected sex then you should bare the responsibility of your own actions and not assign blame to someone else.
It depends on the nature of the encounter.
http://www.thehastingscenter.org/Bioethicsforum/Post.aspx?id=2684
Sorry guys I have to disagree. Nothwithstanding legal thresholds, to not disclose under any circumstances is unethical - put the sex aside, we have a responsibility to protect our partners at all costs - including at the cost of our own sexual pleasure. They have a right to make an informed choice no matter how we might want to rationalize it.
Mark
I definately agree with SSS on that one. For those who are HIV- let's place yourself in the shoes of someone that is positive for a second. How would you feel if you had to tell anyone you were about to have sex with that you are HIV+ by fear of going to prison or paying the price of justice. I dont think any of you would be getting some hot fun any soon... or it would definately turn the sex swtich in you OFF for a while. Let's face it... everyone needs intimate human contact. I agree that not declaring that you are infected if having unprotected sex should be criminal but let's bet real here... You have probably as much chances or EVEN MORE chances to catch AIDS from someone who's status in unknown... the reason for this ? Because human beings will prefer to pretend that the other person is healthy because they dont look positive, they wont ask the status of the other person and finally will take more risks forgeting what is taught about safe sex just to push the limits risk and pleasure. Lets say that If I know that I'm positive then I WILL make sure that I AM not taking any risks... and that THE OTHER person who I'm having sex with is not either. There are various way of preventing hte infection by being cautious of our acts. SAFE SEX GUYS ! If an unfortunate event happens then there is always the option of going under treatment for one month to prevent the infection. Of course went you have high risks of contamination (unprotected sex, condom breaks, contact with blood, etc) you have to report to the emmergency within 72hours in order for the medication to be effective in preventing the virus from spreading across your body.
What I just wrote here...should be old news to all of you.... if it isn't I'm glad I was able to contribute to your eductation however it just proves that even today too many people know too little about HIV and AIDS. We have to be smart and use our common sens on that one, keep on practicing SAFE SEX,to be more open minded and try to think that out there... there are millions of people living with the virus that are dreaming of a day where we'll stop to be judged for something that was is now a considered a chronic illness.
Feel free to comment!
I think unprotected sex should have to be disclosed whether your viral load in undetectable or not. However, if your practicing safe sex i feel it should be left up to the individual. As a fairly new hiv-positive male i am struggling morally and politically with this issue. But i feel sex in a one-night stand environment will never be possible if we have to disclose in the heat of the moment "oh by the way ive got aids/hiv" talk about about a mood destroyer. When its a situation where a relationship has been established its definetly not an easy topic to approach but yuo can get a feel for the person and if they truly have feelings for you HOPEFULLY they will understand. Would love to hear how others have handled/approached this and the results!!!!!!!!!!!!