How much do you need to know about your spouse's previous sex life?
Published: Tuesday, 4-Jul-2006
Under a new ruling by the California Supreme Court, a person who has reason to believe he or she has HIV may be sued by sexual partners should they become infected. To knowingly pass on HIV is already illegal in California and people who do so may be sued for damages in state court, but the new ruling extends the state's view of when liability arises from the disease.
The chief issue before the court was whether an HIV-positive person who hadn't yet been tested for the virus could be held responsible, in a civil suit, for infecting a partner, and the answer is yes, at least in some circumstances.
( text saved below cut for educational purposes )
The court has ruled that the husband must disclose when and how often he had sex with men, because it might indicate whether he should have known he was infected.
http://www.news-medical.net/?id=18688,
this article did give the most comprehensive information, and helped calm me down a wee bit, i'm still calling bullshit.
look, this whole situation sucks. if the husband spread hiv knowingly, he's an ass and then some. he'd be a case in which i wished i believed in karma. and i really don't justify willingly transmitting hiv to someone who doesn't know what they might be getting themselves into, which means, i'm not talking about "bug chaser" situations (wherein gay men try to get infected), of which i don't presently have commentary. but i'm not even sure if i'm *comfortable* with the prosecution of willful transmission to the unwilling. from the way things are looking, the guy had a negative hiv test. "high-risk" behaviour be damned, he had at least some reason to believe he wouldn't be transmitting hiv.
the government really just needs to stay the fuck out of my pants. THEY'RE MY PANTS!11!! they should stay out of yours, too. unless you want to let them in, but ONLY YOUR PANTS then. nobody else's. not your parents'. not your partners'. NOT MINE. and that's really, as far as i'm concerned, is what a lot of this is all about.
( yes it really is..... )
let me finally clarify that i do not blame the woman if she is, in fact, the victim of an asshole here. again, her situation is sad and tragic. and if she infected her husband, that, too, is sad and tragic. my statements would remain the same if she were a sex worker and not his wife. but the government still needs to stay out of my pants.
[the case is john b. vs. superior court, S12824]
see also:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/07/04/HIV.TMP
http://www.nytimes.com/2006/07/04/health/04suit.html
http://www.foxnews.com/wires/2006Jul03/0,4670,DisclosingHIV,00.html
Published: Tuesday, 4-Jul-2006
Under a new ruling by the California Supreme Court, a person who has reason to believe he or she has HIV may be sued by sexual partners should they become infected. To knowingly pass on HIV is already illegal in California and people who do so may be sued for damages in state court, but the new ruling extends the state's view of when liability arises from the disease.
The chief issue before the court was whether an HIV-positive person who hadn't yet been tested for the virus could be held responsible, in a civil suit, for infecting a partner, and the answer is yes, at least in some circumstances.
( text saved below cut for educational purposes )
The court has ruled that the husband must disclose when and how often he had sex with men, because it might indicate whether he should have known he was infected.
http://www.news-medical.net/?id=18688,
this article did give the most comprehensive information, and helped calm me down a wee bit, i'm still calling bullshit.
look, this whole situation sucks. if the husband spread hiv knowingly, he's an ass and then some. he'd be a case in which i wished i believed in karma. and i really don't justify willingly transmitting hiv to someone who doesn't know what they might be getting themselves into, which means, i'm not talking about "bug chaser" situations (wherein gay men try to get infected), of which i don't presently have commentary. but i'm not even sure if i'm *comfortable* with the prosecution of willful transmission to the unwilling. from the way things are looking, the guy had a negative hiv test. "high-risk" behaviour be damned, he had at least some reason to believe he wouldn't be transmitting hiv.
the government really just needs to stay the fuck out of my pants. THEY'RE MY PANTS!11!! they should stay out of yours, too. unless you want to let them in, but ONLY YOUR PANTS then. nobody else's. not your parents'. not your partners'. NOT MINE. and that's really, as far as i'm concerned, is what a lot of this is all about.
( yes it really is..... )
let me finally clarify that i do not blame the woman if she is, in fact, the victim of an asshole here. again, her situation is sad and tragic. and if she infected her husband, that, too, is sad and tragic. my statements would remain the same if she were a sex worker and not his wife. but the government still needs to stay out of my pants.
[the case is john b. vs. superior court, S12824]
see also:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/07/04/HIV.TMP
http://www.nytimes.com/2006/07/04/health/04suit.html
http://www.foxnews.com/wires/2006Jul03/0,4670,DisclosingHIV,00.html