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.
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JonnyPistachio wrote: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.
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.0 -
Five years seems insufficient to me too...plus it's UP TO five years, so I assume it will be at the judge's discretion - whether or not he feels sympathy for Faulk.
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?0 -
While I wouldn't certainly support someone going out and willingly infecting someone with HIV...it is a two way street. If you have sex with someone, you better know who that someone is. Responsibilty goes both ways in the real world.0
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I knew someone who did this yrs ago needless to say they are both dead , this friend of mine was the 1st kid to knock on my door when i first arrived in this country and offered to play with me i feel sad just thinking about him & Sheila she was hi's 1st girlfriend ......Fucking shame , i ran into hi's mother yrs later and she says to me that she was positive he was in hell for doing that to her i cried that night thinking about that ......jesus greets me looks just like me ....0
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there was a guy here in st louis that slept with many women while knowingly having hiv. i think he got 20 years or something like that.
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."You can tell the greatness of a man by what makes him angry." - Lincoln
"Well, you tell him that I don't talk to suckas."0 -
...DS1119 wrote:While I wouldn't certainly support someone going out and willingly infecting someone with HIV...it is a two way street. If you have sex with someone, you better know who that someone is. Responsibilty goes both ways in the real world.
That only works in a world where people do not lie.
"Got HIV?"
"Nope."
"Okay."
**Baum-chicka-baum-baum...**Allen Fieldhouse, home of the 2008 NCAA men's Basketball Champions! Go Jayhawks!
Hail, Hail!!!0 -
I just saw this while reading through the Palm Beach Post and his sentence should be about 10 years. Why because with this infection you can ruin a person's life. Not only that but that person who might be infected can go unto other partners and possibly infect them.
So there's a need to give a stiff sentence for this crime.
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Cosmo wrote:
...DS1119 wrote:While I wouldn't certainly support someone going out and willingly infecting someone with HIV...it is a two way street. If you have sex with someone, you better know who that someone is. Responsibilty goes both ways in the real world.
That only works in a world where people do not lie.
"Got HIV?"
"Nope."
"Okay."
**Baum-chicka-baum-baum...**
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.0 -
...DS1119 wrote: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.Allen Fieldhouse, home of the 2008 NCAA men's Basketball Champions! Go Jayhawks!
Hail, Hail!!!0 -
Cosmo wrote:
...DS1119 wrote: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.
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.0 -
...DS1119 wrote: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.Allen Fieldhouse, home of the 2008 NCAA men's Basketball Champions! Go Jayhawks!
Hail, Hail!!!0 -
Meh.
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.0 -
I think we also have to look at the person who accuse that person. I have seen in my line of work people who have lied about not knowing someone status.0
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This will also encourage people to not get tested. He can't tell you he's HIV+ if he doesn't know himself...0
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gimmesometruth27 wrote:there was a guy here in st louis that slept with many women while knowingly having hiv. i think he got 20 years or something like that.
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.
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???hear my name
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Prince Of Dorkness wrote:This will also encourage people to not get tested. He can't tell you he's HIV+ if he doesn't know himself...
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.0 -
Why just HIV, though? What about any other STD? What about if you just have a cold?The only people we should try to get even with...
...are those who've helped us.
Right 'round the corner could be bigger than ourselves.0 -
This is a different world than when I was a girl ...
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?0 -
Prince Of Dorkness wrote: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.
I agree with this completely.The only people we should try to get even with...
...are those who've helped us.
Right 'round the corner could be bigger than ourselves.0 -
know1 wrote:Why just HIV, though? What about any other STD? What about if you just have a cold?
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.0
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