February 26, 2005
Criminalize the spread of HIV?
Canada has leveled murder charges against a man who infected many women with the disease. He was originally charged with 'endangerment', but that got bumped up when one of the women died.
There are so many issues wrapped up in this, but I am not against criminalizing the spread of HIV, assuming there are a few tests which would need to be passed before a charge would stick. First of all, I would make it a requirement that the state would need to establish that the person did not disclose their HIV status, and that the personknew their HIV status. If a person has disclosed their HIV status and another person willingly engages in sex - then I don't think it's a criminal act.
That said, I'm a little worried about the removal of the 'specific intent' clause which has been recommended to CA's HIV infection law. I understand the purpose, but this change will criminalize the example I gave above, and I don't think it should.
Comments:Brett said (at February 28, 2005 08:43 AM):
I actually like the idea of prosecuting people who spread HIV. Obviously there are some pretty significant practical problems with it, but conceptually, I think it might make people take the whole thing a lot more seriously.
Henry said (at February 28, 2005 08:53 AM):
I agree two, as long as those 2 tests are met. The person needs to know their HIV status (or that they are at high risk for having HIV) and they must not have divulged it.