HIV is a form of STD, or sexually transmitted disease that leads to AIDS. The distinction among these two depends on the blood cell count of the concerned victim. It is difficult to live the regular daily routine when a person is infected with this virus/syndrome. One of the difficulties is having a romantic relationship with another person who is not infected with this disease.
Details provided herein are for information and education only, contact an experienced Dallas Criminal Attorney where required.
Discussions on whether HIV transmission, particularly if the uninfected partner is unconscious about the health situation, is a sex crime or not are currently happening; these discussions can be controversial. In other nations, this occurrence is deemed sex crime.
There are nations that consider that transmitting HIV is an unlawful act – manslaughter, murder, attempted murder. In some instances, whether the uninfected partner is aware of the situation or not is disregarded.
As far as the US is concerned, HIV transmission is recognized as a criminal act in states individually; this is not a federal law. If a person who is aware that he or she is infected with HIV donates blood and causes HIV transmission, then this person is legally accountable, and so is the case for spitting saliva.
There are states that consider HIV transmission as a misdemeanor and not a felony. There are states that consider HIV transmissions as a felony.
The opinion on this issue is not unanimous. The article “The Case against the Criminalization of HIV Transmission” by the American Medical Association maintains that it is not fair to indict people who are infected by the virus to live their life like a regular individual. They added that the only exception is if the person intentionally transmitted HIV to another individual. Other critics say that HIV is not as significantly harmful as it was in the past. It is not fair to indict the people who are infected with HIV but not those who are infected with other STDs.
The information in this article is not intended nor should be considered legal advice, provided by Attorney Michael Lowe, who provides legal services for Sex Crimes in Dallas.
Originally posted 2011-08-04 02:19:27. Republished by Old Post Promoter
