HIV Transmission: Public Health Tragedy or Sex Crime?
Many states, including Ohio, have made transmission of HIV a sex crime in an attempt to slow the spread of AIDS.
December 12, 2010
The stigma of a sex crimes conviction can be overwhelming. Merely being charged by authorities with public indecency, sexting, rape, molestation or another offense can severely disrupt a life, career and relationships. But imagine if the crime in question was based on accusations of knowingly infecting another person with AIDS?Criminalization of HIV transmission was recently the subject at a meeting of the American Bar Association's AIDS Coordinating Committee. One important topic was an examination of existing criminal laws in various African countries that make it illegal to knowingly transmit HIV and authorize draconian testing measures for pregnant women and others.
Many American states have also taken legal steps in an attempt to slow the spread of AIDS. In some states, this simply means prosecution under existing laws for reckless endangerment, assault, terroristic threats or attempted homicide, or increasing penalties for solicitation and prostitution. Other laws are more explicit: in Ohio, a person can be charged with felonious assault if, after testing positive for HIV, he or she knowingly engages in sexual conduct without disclosing his or her HIV-positive status.
One consistent criticism of such laws is that they actually provide a disincentive for individuals to get tested for sexually transmitted diseases. At-risk individuals who avoid learning about their status are technically not criminally liable under statutes that criminalize HIV transmission. The basic human tendency toward denial has an adverse effect on public health, and basing criminal liability on a person's knowledge only makes this problem worse.
Aggressive Defense Against All Types of Sex Crimes Charges
Sex crimes prosecutions often involve witness and victim testimony rather than clear physical evidence of a crime. Criminal defense attorneys with well honed trial skills can effectively cross examine witnesses and ascertain the motives of alleged victims, including possible psychological issues.
An experienced trial lawyer can perform a detailed analysis of the prosecution's case from the outset, then endeavor to get charges reduced or dismissed as the record suggests. With such consequences as incarceration and mandatory sex offender registration likely after conviction for a sex offense, an aggressive and comprehensive legal defense strategy should be the first priority of every defendant.
Article provided by Adam Boyd Bleile
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