Serious Chat: HIV Epidemic

[scbelle]

Depending on the jurisdiction, I'd tell the cops. That is a matter of potential death, and they can be charged with attempted murder. Screw HIPPA. I think it's more important to save lives than protect some idiot's privacy.

[tld221]

Originally Posted by scbelle

Depending on the jurisdiction, I'd tell the cops. That is a matter of potential death, and they can be charged with attempted murder. Screw HIPPA. I think it's more important to save lives than protect some idiot's privacy.

First let me say i totally agree with you. However, to be charged with "attempted murder" implies that giving someone HIV means you have intent to kill them. there are many illnesses and diseases that can kill you - from as serious as the virus to as "simple" as a common cold (which, like HIV, can progress into a bigger more hazardous illness).

so if someone sneezes on me, do i call the cops?

also, if an HIV-positive woman gives birth, do you charge her? she is, in a sense, intentionally (and potentially) passing the virus onto her child. likewise, that child is unknowingly being infected outside their control.

[KSig RC]

Originally Posted by tld221

First let me say i totally agree with you. However, to be charged with "attempted murder" implies that giving someone HIV means you have intent to kill them. there are many illnesses and diseases that can kill you - from as serious as the virus to as "simple" as a common cold (which, like HIV, can progress into a bigger more hazardous illness).

so if someone sneezes on me, do i call the cops?

also, if an HIV-positive woman gives birth, do you charge her? she is, in a sense, intentionally (and potentially) passing the virus onto her child. likewise, that child is unknowingly being infected outside their control.

These points are all well taken, but they are accounted for under existing HIV transmission statutes - it's not "attempted murder", it's simply criminalized behavior in that it's illegal to knowingly hide your HIV status in many states while engaging in behavior you know can transfer the virus. It's as simple as that - passing it onto your child is not a decision, per se, so that's not a strong argument against the laws.

There are some privacy issues with HIV transmission laws (the links I gave earlier go through them), and some difficulty prosecuting if you can't verify medical tests or records, but the risks and ability to pass the virus should be considered well-known to any reasonable adult with the virus. I have no problem with these kinds of laws for that reason - comparisons to the common cold are incredibly faulty, because this is really the only disease that is both fatal, and transmitted to another both easily and without their knowledge.

It would certainly be illegal to inject someone with any other sort of agent that would cause eventual death, or crippling disease - that is, for lack of a better term, essentially what is happening in these cases. I just don't see analogous situations arising from your points. It's not really a fine line or slippery slope thing - this is really one of a kind.

[tld221]

Originally Posted by KSig RC

These points are all well taken, but they are accounted for under existing HIV transmission statutes - it's not "attempted murder", it's simply criminalized behavior in that it's illegal to knowingly hide your HIV status in many states while engaging in behavior you know can transfer the virus. It's as simple as that - passing it onto your child is not a decision, per se, so that's not a strong argument against the laws.

There are some privacy issues with HIV transmission laws (the links I gave earlier go through them), and some difficulty prosecuting if you can't verify medical tests or records, but the risks and ability to pass the virus should be considered well-known to any reasonable adult with the virus. I have no problem with these kinds of laws for that reason - comparisons to the common cold are incredibly faulty, because this is really the only disease that is both fatal, and transmitted to another both easily and without their knowledge.

It would certainly be illegal to inject someone with any other sort of agent that would cause eventual death, or crippling disease - that is, for lack of a better term, essentially what is happening in these cases. I just don't see analogous situations arising from your points. It's not really a fine line or slippery slope thing - this is really one of a kind.

ok fair assessment. making a common cold analogous to HIV is pretty far-fetched - i was trying to make a simple comparison which didnt work out so well. i do hear all that you're saying. im just wondering if similar laws exist for people who pass on life-threatening diseases knowingly.

and another thing - couldnt someone legitimately testify that they didnt know their status if its invasion of privacy (or whatever the legal issue behind it) to find out if someone's been tested (or find out someone's status)? i'm asking this based on the OP's comment on the radio caller, CDC and HIPPA.

p.s. going around spreading HIV because you're bitter that you've contracted it is LAME, to say the least.

[KSig RC]

Originally Posted by tld221

ok fair assessment. making a common cold analogous to HIV is pretty far-fetched - i was trying to make a simple comparison which didnt work out so well. i do hear all that you're saying. im just wondering if similar laws exist for people who pass on life-threatening diseases knowingly.

My point is that there really aren't any other analogous diseases, to be honest.

and another thing - couldnt someone legitimately testify that they didnt know their status if its invasion of privacy (or whatever the legal issue behind it) to find out if someone's been tested (or find out someone's status)? i'm asking this based on the OP's comment on the radio caller, CDC and HIPPA.

HIPAA doesn't get around the court system - the courts can have that information produced, and it's not really difficult. HIPAA protects individuals against employers, neighbors, newspapers and the like - not against prosecution. I've already discussed exactly the issues you bring up, just very succinctly - the individual can claim they didn't know, but I'll assume their doctors will have made a note somewhere. Your medical records are available, even if you perjure yourself w/re: to medical treatment. This is actually a good thing, I promise.

You could testify, and it might cause a problem - or I might show up with your complete medical history, including doctor's notes indicating you were told about your HIV status. What then?

[PM_Mama00]

Originally Posted by tld221

First let me say i totally agree with you. However, to be charged with "attempted murder" implies that giving someone HIV means you have intent to kill them. there are many illnesses and diseases that can kill you - from as serious as the virus to as "simple" as a common cold (which, like HIV, can progress into a bigger more hazardous illness).

so if someone sneezes on me, do i call the cops?

also, if an HIV-positive woman gives birth, do you charge her? she is, in a sense, intentionally (and potentially) passing the virus onto her child. likewise, that child is unknowingly being infected outside their control.

I've heard it's actually illegal to have sex with an unknowing partner when you have AIDS or HIV.

[KSig RC]

Originally Posted by PM_Mama00

I've heard it's actually illegal to have sex with an unknowing partner when you have AIDS or HIV.

Holy crap - seriously, Phildizzle?

It's pretty easy to find out if you're a state that has this law . . . life on the Internet is not that hard.

[AKA_Monet]

I heard about Atlanta and it isn't shocking...

What would I do if I knew someone was having unprotected sex and he or she had HIV that was totally untreated?

To answer that question, if that is your question:

There would be nothing I could do. Warning the other party probably won't work...