LGBT
In reply to the discussion: Should HIV non-disclosure be a crime? [View all]Proud Liberal Dem
(24,406 posts)I strongly believe in the principle of "informed consent" and, in the context of sexual activity, both partners should, ideally, be open and honest with each other about things like HIV+ diagnosis, STDs, etc. prior to engaging in sexual activity so that both partners can make a decision about whether or not to engage in sexual activity and/or what kind of sexual activity they want to engage in and ensure appropriate protections. At the very least, everybody should consistently be utilizing safe(r) sex practices with new/non-monogamous partners. However, I have mixed feelings about whether or not disclosing HIV+ status prior to engaging in sexual activity should be considered criminal, unless, perhaps, there is provable malicious intent. People should ultimately make sure that they are protecting themselves and others when engaging in any kind of sexual activity and there is a legitimate public health interest in stemming the spread of HIV but I'm not sure that criminal sanctions are the best or most appropriate way to manage it, particularly since the fear of criminal sanctions might inadvertently inhibit communication/disclosure rather than encourage it.