What punishment for having sex knowing you have HIV?
JonnyPistachio
Florida Posts: 10,219
This guy knew he had HIV and didnt tell his girlfriend. He can get up to 5 years in prison. Seems a bit light on the sentencing.
http://www.palmbeachpost.com/news/news/ ... art/nP8Hg/
A Lake Worth man is in jail today, accused of failing to tell his live-in girlfriend that he has HIV and exposing her to the disease by having unprotected sex with her.
According to the arrest report, Nathaniel Faulk, 51, came clean about his diagnosis after his girlfriend discovered his medication in a nightstand drawer. The medication had his name on it and attached paperwork identifying them as drugs for HIV.
She told investigators that when she confronted Faulk, he said: “I didn’t know how to tell you, I’m sorry.”
The woman, whose identity was not released, didn’t call authorities until after she went to be tested herself and counselors told her it is a crime for a person with HIV to have unprotected sex without telling his or her partner about the virus. When she got home, she called authorities.
Faulk is one of at least 142 people across the country to be arrested or prosecuted for exposing unwitting sex partners to HIV since 2008, according to the Center for HIV Law and Policy in New York. The center tracks these cases, gathering information from media accounts and reports from attorneys, said staff attorney Rashida Richardson.
In Florida, someone with HIV who has sex with someone without informing them of the virus can be charged with third degree felony punishable by up to five years in prison. It is a crime regardless of whether a condom was worn during sex. It also does not matter whether or not the partner became infected as a result, according to state statute.
After receiving a complaint from Faulks’ partner, investigators from the Palm Beach County Sheriff’s Office listened to a phone conversation between the couple, during which Faulk confirmed that he had HIV. According to Faulk’s arrest report, Faulk said he’d had HIV for two years and said, “Yeah, I was going to tell you.”
When confronted directly by investigators, Faulk said he’s actually had HIV, Human Immunodeficiency Virus, for eight years, but tells people he’s known for two years.
“I lost everything, I was trying so hard,” Faulk told the interviewers. “I’m sorry.”
The woman told police the couple moved in together July 6. She found his medication in a brown bag in a nightstand by their bed July 21. She was tested and subsequently called authorities Tuesday. He was arrested and faces 10 charges of an HIV person having sex without informing the partner. Faulk is being held on $50,000 bail ($5,000 per count).
Anyone else who was involved sexually with Faulk is asked to call the Palm Beach County Sheriff’s Office special investigations unit at (561) 688-4140.
http://www.palmbeachpost.com/news/news/ ... art/nP8Hg/
A Lake Worth man is in jail today, accused of failing to tell his live-in girlfriend that he has HIV and exposing her to the disease by having unprotected sex with her.
According to the arrest report, Nathaniel Faulk, 51, came clean about his diagnosis after his girlfriend discovered his medication in a nightstand drawer. The medication had his name on it and attached paperwork identifying them as drugs for HIV.
She told investigators that when she confronted Faulk, he said: “I didn’t know how to tell you, I’m sorry.”
The woman, whose identity was not released, didn’t call authorities until after she went to be tested herself and counselors told her it is a crime for a person with HIV to have unprotected sex without telling his or her partner about the virus. When she got home, she called authorities.
Faulk is one of at least 142 people across the country to be arrested or prosecuted for exposing unwitting sex partners to HIV since 2008, according to the Center for HIV Law and Policy in New York. The center tracks these cases, gathering information from media accounts and reports from attorneys, said staff attorney Rashida Richardson.
In Florida, someone with HIV who has sex with someone without informing them of the virus can be charged with third degree felony punishable by up to five years in prison. It is a crime regardless of whether a condom was worn during sex. It also does not matter whether or not the partner became infected as a result, according to state statute.
After receiving a complaint from Faulks’ partner, investigators from the Palm Beach County Sheriff’s Office listened to a phone conversation between the couple, during which Faulk confirmed that he had HIV. According to Faulk’s arrest report, Faulk said he’d had HIV for two years and said, “Yeah, I was going to tell you.”
When confronted directly by investigators, Faulk said he’s actually had HIV, Human Immunodeficiency Virus, for eight years, but tells people he’s known for two years.
“I lost everything, I was trying so hard,” Faulk told the interviewers. “I’m sorry.”
The woman told police the couple moved in together July 6. She found his medication in a brown bag in a nightstand by their bed July 21. She was tested and subsequently called authorities Tuesday. He was arrested and faces 10 charges of an HIV person having sex without informing the partner. Faulk is being held on $50,000 bail ($5,000 per count).
Anyone else who was involved sexually with Faulk is asked to call the Palm Beach County Sheriff’s Office special investigations unit at (561) 688-4140.
Pick up my debut novel here on amazon: Jonny Bails Floatin (in paperback) (also available on Kindle for $2.99)
Post edited by Unknown User on
0
Comments
I don't know the law in Florida but this is a big issue in Canada. A person knowingly has HIV and doesn't tell the other person can be charged from aggravated assault to murder. It is a difficult situation to resolve due to alot of stigma and while 5 years seems like not alot of time. I will have to wait until i see more info.
Also...am I the only one who finds it odd that they were living together and she just came upon his meds in the nightstand now?
my take, if you knowingly have hiv and have unprotected sex and fail to disclose that little factoid to that person, it could be viewed as wreckless endangerment or something. and that carries a stiff sentence in most states.
"Well, you tell him that I don't talk to suckas."
That only works in a world where people do not lie.
"Got HIV?"
"Nope."
"Okay."
**Baum-chicka-baum-baum...**
Hail, Hail!!!
So there's a need to give a stiff sentence for this crime.
Peace
*MUSIC IS the expression of EMOTION.....and that POLITICS IS merely the DECOY of PERCEPTION*
.....song_Music & Politics....Michael Franti
*The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite INSANE*....Nikola Tesla(a man who shaped our world of electricity with his futuristic inventions)
I'm just saying it's up to the individual to protect yourself. Again, I don't condone someone trying to infect people willingly, but it is a two way street. Both parties have responsibilites.If I want out to a bar tonight and have random sex with someone and contracted HIV, that's on me. I knew what I was doing. I know the risks.
I know what you're saying... just stating the fact that people will lie about anything... especially if getting laid is at stake. Trust can only go so far. In some cases, the person who is infected, really doesn't know he/she is infected. And yes, wreckless behaviour is risky and dangerous.
The criminal act is when someone KNOWINGLY infects and unsuspecting (i.e. trusting) person. That is criminal and deserves punishment.
Hail, Hail!!!
I know what you'/re saying as well.
I am not directing this next point at you at all so don't take it that way...it's just there are so many people in the World who are always looking to lay the blame on someone else instead of looking at themselves and changing their own behavior first. That's all.
You get no arguement from me on that. I am a strong believer in taking personal responsibility for my actions and accept the consequences of those actions.
Which is probably why I am so skeptical about what people tell me.
Hail, Hail!!!
Guess people are incapable of taking responsibility for their own health.
It's always someone else's fault.
There's lying about your status... yes. That's wrong, although I'm not sure about making it a crime.
There's also just not telling your partners and having unprotected sex. I'm on the fence with this one... it takes two and I've always protected myself.
Then there's having protected sex, not infecting someone and still being charged with a crime (a man was recently sentenced to 25 years for having protected sex without revealing he was HIV+, even though his partner wasn't infected). That's just fucked up.
People need to understand that life doesn't come with a guarantee. If you want to be 100% sure you don't get infected with HIV, don't have sex. Just like if you want to be 100% sure you don't get in a car accident, don't ever get in a car.
it is wreckless endangerment.. but by the same token who in their right mind has unprotected sex with someone theyre not intimately familiar with?? and yes i know it happens but if you were careless enough to not take precautions how can you hold the other person to a higher standard???
take a good look
this could be the day
hold my hand
lie beside me
i just need to say
and the winner for smartest post goes to the prince. we are already seeing that in toronto.
all you have to do is look at the people who go get tested and never go back for the results.
...are those who've helped us.
Right 'round the corner could be bigger than ourselves.
HIV new then and though I was made very aware from my gay male friends,
it was still a problem I thought for them, not me.
If I was young today I would demand a test before an intimate
relationship. That seems like the responsible wise thing to do,
to protect myself.
I feel one could hide HIV in new relationships because of it's effect
on the relationship
so I would feel it would be up to me to be sure to know the situation.
I'm sorry things aren't like yesterday in many ways.
Five years in prison, no let out early, for this crime seems reasonable to me.
But how do we make sure he does not do it again?
Conscience ... does prison time grow this?
I agree with this completely.
...are those who've helped us.
Right 'round the corner could be bigger than ourselves.
or if you live with a smoker, can you get that person arrested for second hand smoke if you get cancer?
we must remember that a person can get arrested even if the other person doesn't contract HIV.
Exactly. This seems like it's a law picking on HIV-infected people only.
...are those who've helped us.
Right 'round the corner could be bigger than ourselves.
But when you're living with someone, isn't there an expected level of trust?
As to the second-hand smoke comment, one can't be around that and unaware they're being exposed to it, whereas an STD can be passed on without knowledge by the passee.
Anyway, it seems like common fucking decency would propel someone to tell their partner they have something the other could contract.
go back for the results? what year is it in Toronto...rapid tests baby!!!
Also, if the health departments are anything like they are here...if a person who tests positive never gets the results the health dept does do whatever it can to track them down.
In the bigger picture It is certainly wrong to hide your status. But I think the reason the punishments aren't higher for individual counts is because it is a two way street. A person does not have to have unprotected sex with anyone....forcing them is rape and that is a crime. So there is responsibility on that side of the plate as well.
If you didn't get the results together, I suggest taking the test again to be sure...it isn't that hard to wait until you can get tested...Make sure to donate at the site you are doing it. Free HIV testing is a great thing and we want to keep it that way by having those who can donate.
We have seen a giant increase in HIV testing year on year for what seems like forever. this will have little actual affect on testing.
It is terrifying when you are too stupid to know who is dumb
- Joe Rogan
Godfather.
Because there's a higher chance you'll wind up dead as a result of HIV than a cold?
Lying about any STD you might have is wrong, absolutely. And in this case, the couple were living together, having unprotected sex and he still didn't tell her - wrong, wrong, wrong! :shock:
We've had a few cases where someone with HIV has had unprotected sex with several people and not told them about the condition. It does make me wonder why someone would do that.. Especially if they're knowingly trying to infect others (not that that might be the case every time).
And I do agree, if you're having unprotected sex with someone you don't know (very well), part of the blame lies with you.
Very interesting points. Thanks.'
I was kinda leaning the other way, but it seems to me that unless you can prove intent on passing HIV on...which I gotta believe is pretty hard without a confession... I'm not sure you can hold that person accountable.
Now, if asked, they lie, and test records show that they knew previously... perhaps a different story?
???? how many people has HIV-AIDS killed already ? most other STD's are fixwd with drugs or controled with drugs and AID's just straight up kills people it may taks some time but the end result final so if someond knowingly has HIV and continues to have sex without telling their partners it's the same as premetated murder
so I don't think anybody is being picked on.
Godfather.
Some people with HIV take a stance that they shouldn't be obligated to warn others because nobody warned them. It's not my idea of logic but I've heard that argument on occasion.
Seriously? Well then, they are too stupid to have sex. What a bunch of assclowns.
This hasn't been the case with the overwhelming majority of people with HIV that I've met, but I ran across it occasionally. I worked at an AIDS service organization for 5 years and I heard some examples of strange logic.
Back on topic, I honestly don't know what the punishment should be. Most of the laws are patterned after the ones against physical assault or attempted murder and I don't think there's a precise corollary there.