Sounds innocent enough…

by Mary Turner
HIV/AIDS Columnist

So, this guy walks into a bar, right? He looks around, catches the eye of a really hot guy who’s sitting alone and walks over to join him. They talk, have a couple of drinks, and maybe dance before deciding they want to leave together. They wind up spending a glorious night together, and vow they must see each other again sometime in the future.

Sounds innocent enough - except that one of the men is HIV+ and he didn’t bother mentioning that to his lover. This is where the story gets ugly and complicated: Who, if anyone, is at fault if the HIV- man becomes infected? According to state laws, written during the early days of HIV, anyone who knows he or she is HIV+ is criminally liable for infecting another person.

Depending on the state, the person can be charged with something as relatively minor as assault and battery all the way up to attempted murder. The Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 104 Stat. 576) provides state funding for AIDS treatment and care, but it requires every state to certify that its criminal laws are adequate to prosecute any HIV+ person who knowingly exposes another person to the virus.

While this may sound good in theory, critics argue that these laws were enacted prior to therapies that reduce the risk of HIV transmission and that they do not account for preventative measures such as condom use (National HIV/AIDS Strategy for the United States; 2010). Rather than taking punitive action against individuals, the Centers for Disease Control recommend widespread education so that people living with HIV have the tools to reduce the likelihood that they will infect others while also teaching HIV- individuals how to protect themselves.

While it is true that in the aforementioned scenario, the HIV+ person never mentioned his status, it is also true that his love interest never inquired or insisted on using condoms. Certainly in cases of rape, incest, or sex with persons with diminished capacity, laws need to be in place to protect the innocent. With respect to sex between consenting adults, just as much responsibility rests on the shoulders of the HIV- partner. It’s 2015 and HIV is here to stay. We shouldn’t delude ourselves with the idea that infection only happens to other people.

Regardless of your sexual orientation and regardless whether you’re male, female, or transgender, if you engage in sexual activity (especially if you’re not in a monogamous relationship), assume that your casual partner is positive and practice safer sex strategies to keep you both safe.

So, this guy walks into a bar and spots a really hot guy sitting by himself. He walks over to join him and says, “I so want to make you scream tonight.” The other man smiles and pulls a handful of condoms from his pocket. “Let’s talk about that.”

The Gayly – June 21, 2015 @ 11am.