Murder by AIDs?

[aimeeandbeatles]

Simple question: If a person has HIV and knowingly has unprotected sex with someone and passes it on to them, and the other person dies of AIDs or AIDs-related complications, should they be tried for murder?

EDIT: Also, debate about if the partner is aware or not.

Poll coming.

 

[Dreadnought]

Yes.

The only caveat is if they don't know that they have AIDS, and, to be blunt, I'm uncertain the physical symptoms of the disease; but my opinion still stands.

 

[MjM]

Nope.

 

[Silurian]

In the UK you have to die within a year of an assult for it to be murder.

People live for a number of years after being infected with HIV.

For murder there also has to be intent to kill as far as I know.

So most likely assult.

 

[Formaldehyde]

Should we have prosecuted the Reagan administration and many of its evangelist advisers, some of whom are still alive today, for murder for thinking their god was seeking vengeance on gays, which caused them to do essentially nothing to react to the epidemic for over 3 years even though they knew how many would die?

Should we now prosecute prison officials for essentially allowing inmates with HIV to rape fellow prisoners with no condoms?

 

[Terxpahseyton]

Yes, but not the kind of murder where you are assumed to have attempted to kill. It is more like a smoked crack, got drunk and high and drove a car with 150m/h in a 20miles zone, accidentally overrunning a peasant. Nasty. But different. Oh and the dude has to be dead already, of course.

 

[Zelig]

If you don't tell the person you're HIV-positive, obviously yes.

If you do tell the person you're HIV-positive, obviously no.

 

[emzie]

If you have TB and you infect someone, are you guilty of murder?

 

[jtb1127]

Should we now prosecute prison officials for essentially allowing inmates with HIV to rape fellow prisoners with no condoms?

What kind of question is that? Prison officials letting HIV prison rape occur. Doesn't sound wrong to me.

 

[Dreadnought]

Should we now prosecute prison officials for essentially allowing inmates with HIV to rape fellow prisoners with no condoms?

So it's ok with condoms?

 

[jtb1127]

So it's ok with condoms?

Wait. Before you rape that man, put on this condom so you at least won't given him your STDS.

 

[shadowplay]

I was thinking along the lines of 'yes' but went with 'I have another answer'.

I think deliberately infecting someone with a disease could be it's own crime distinct from 'murder', since you don't necessarily die from the viral infection, if treated. In such a circumstance, 'murder' would be a difficult sell from a legal point of view.

 

[jtb1127]

I was thinking along the lines of 'yes' but went with 'I have another answer'.

I think deliberately infecting someone with a disease could be it's own crime distinct from 'murder', since you don't necessarily die from the viral infection, if treated. In such a circumstance, 'murder' would be a difficult sell from a legal point of view.

This post captures my feelings as well. And if it is to be treated as murder, there should be a special case for it. Like a whole new degree.

 

[emzie]

Your chance of catching HIV from an HIV-positive partner is a lot lower than most think. Even the riskiest method, unprotected receptive anal sex is a lower chance (~1.1%) of infection than the chances you'll kill yourself (1.5% of all deaths).

Except in the case of rape, or the case of deception (husband cheats on his wife, becomes HIV positive, infects his wife) sex is a two way affair. It's the responsibility of both parties to take precautions and not assume the other is STD-free.

If you infect someone with HIV through rape, or through betraying their trust, I don't have a problem charging you with something extra.

 

[Zack]

Murder by AIDs

I call dibs on this band name.

 

[Valka D'Ur]

Should we have prosecuted the Reagan administration and many of its evangelist advisers, some of whom are still alive today, for murder for thinking their god was seeking vengeance on gays, which caused them to do essentially nothing to react to the epidemic for over 3 years even though they knew how many would die?

Should we now prosecute prison officials for essentially allowing inmates with HIV to rape fellow prisoners with no condoms?

Yes, to both questions. There are varying degrees of murder; considering that some individuals have already been convicted of knowingly having AIDS and having unprotected sex (and not informing their partners), I see no reason why these people should not be tried/convicted as well.

Is the Pope immune from prosecution?

 

[G-Max]

If you don't tell the person you're HIV-positive, obviously yes.

If you do tell the person you're HIV-positive, obviously no.

Your chance of catching HIV from an HIV-positive partner is a lot lower than most think. Even the riskiest method, unprotected receptive anal sex is a lower chance (~1.1%) of infection than the chances you'll kill yourself (1.5% of all deaths).

Except in the case of rape, or the case of deception (husband cheats on his wife, becomes HIV positive, infects his wife) sex is a two way affair. It's the responsibility of both parties to take precautions and not assume the other is STD-free.

If you infect someone with HIV through rape, or through betraying their trust, I don't have a problem charging you with something extra.

Basically this, though I have my own spin on it:

If someone only agrees to have sex with you on the condition that you don't have HIV, and you do but say you don't, then you're guilty of rape. If the victim dies as a direct result of being raped, then that's manslaughter.

 

[Zelig]

Your chance of catching HIV from an HIV-positive partner is a lot lower than most think. Even the riskiest method, unprotected receptive anal sex is a lower chance (~1.1%) of infection than the chances you'll kill yourself (1.5% of all deaths).

That's per instance though, if you have unprotected receptive anal sex with an HIV-positive partner on average every 2 days for a year, you're up to an 87% chance of catching HIV.

 

[G-Max]

Wow. That's a lot of buttsecks.

 

[Hygro]

If they're on proper retrovirals then transmission is even more unlikely. But yeah if someone knowingly, or hell even in some cases unknowingly spreads STDs without their partners' awareness at the time, there should be some way to deal with damages. Murder charges? That's a risky idea, since the idea that it's that malicious is unlikely.