Quote:
Originally Posted by Senusret I
Maybe I haven't read closely enough...and maybe I am biased because I work in HIV/AIDS....but....the CDC says:
Saliva, Tears, and Sweat
HIV has been found in saliva and tears in very low quantities from some AIDS patients. It is important to understand that finding a small amount of HIV in a body fluid does not necessarily mean that HIV can be transmitted by that body fluid. HIV has not been recovered from the sweat of HIV-infected persons. Contact with saliva, tears, or sweat has never been shown to result in transmission of HIV.
Sooooo.....I don't understand how they were able to successfully argue that his spit was a deadly weapon.
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Quote:
Originally Posted by nittanyalum
I'm not trying to be a devil's advocate or in any way argue on this guy's side, but just a question, does there have to be known "intent" in these cases, or does the fact that he is HIV-positive negate that? As in, does he have to say, "Oh, yeah, well have some AIDS, copper!" and then spit, obviously showing intent to harm, or does his spitting at anyone at anytime make it an "assault" because he carries the virus? Because don't some people just spit in people's faces out of frustration and to show disrespect as a matter of course, not in an "I'm gonna get you with my germs" kind of way?
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Sen...I think this is where Nittany is trying to go....not so much that the fact of small amounts of saliva can't pass HIV(which is very good information to know BTW) ...but he had an intent to try...
Much like someone trying to intentionally rob someone with an unloaded gun.
Moreso, the intent and the resulting fear from the intent is what got him time moreso than the actual act itself.
The action: He spat at the eyes and MOUTH of the officer...he was intent on trying to pass it if he could.....if he just spat on the officer for the sake of spitting, ok...but he was very specific on WHERE he was aiming his spit. (as the report states...)
His intent: if he was successful at getting his spit on those specific areas his thought was probably, HA! You arrest me, now you got my disease!!