Intentional spreading of AIDS

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A Karenina
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Intentional spreading of AIDS

Post by A Karenina »

I recently discovered that a friend of mine is HIV-positive. Without going into a lot of detail, it appears that my friend caught it from a person who KNEW he had it. I just about hit the floor in shock when I heard that.



What kind of person intentionally infects other people with a lethal disease???



But what I really want to discuss is what can society do about these people? I don't know how "common" this is, how often it happens, etc.

But isn't it just a matter of time before someone sues, declaring that this is attempted murder, if not outright murder? Is it possible to file civil suits over this? Does anyone think this might someday become a criminal offense?
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Lon
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Intentional spreading of AIDS

Post by Lon »

I agree. Intentionally spreading AIDS (if proven) should be treated the same as vehicular manslaughter, assualt with a deadly weapon etc.
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persephone
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Intentional spreading of AIDS

Post by persephone »

Someone here just got done for it... I'll find the details and post them, unless someone beats me to it *looks to Bill*
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persephone
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Intentional spreading of AIDS

Post by persephone »

Found it already, just can't find anymore other than he pleded not guilty.



Man 'recklessly' gave women HIV

A man "recklessly" infected two women with HIV while they were unaware he had the virus, a court has been told.

Inner London Crown Court heard Mohammed Dica, 37, went on to have unprotected sex with the second woman after the first told him he had infected her.

Kenyan-born Mr Dica, from Mitcham, south-west London, denies two counts of 'biological' grievous bodily harm.

He is accused of infecting the women between 1997-1998 and in 2001 in the ongoing trial.

On the first day of the trial Mark Gadsden prosecuting told the court Mr Dica told the first woman, whom he met in 1996, that she could not become pregnant as he had had a vasectomy.



The women will each say if he had told us he was HIV positive then we would never have considered having unprotected sex with him

Mark Gadsden prosecuting

The woman, originally from Somalia, discovered his lie when she fell pregnant in 1998, Mr Gadsden said.

She had an abortion after being diagnosed with HIV.

The court was told Mr Dica said he could not have the "homosexual disease" as he "was not gay" when the woman confronted him. Their relationship ended soon after.

Mr Gadsden said Mr Dica would say in his defence that he told the woman he had HIV and she replied that she thought she was already infected.

The court was told the defendant met the second woman, a mother-of-two, in a south London nightclub in 2000.

'Bodily harm'

The woman left her long-term and only sexual partner for Mr Dica, who allegedly persuaded her to have sex without condoms by saying he did not like them.

Mr Dica was said to be "shocked" when the woman told him she had HIV.

The prosecution said he would say he had a one-night stand with her in 1994 - the year before he was diagnosed with HIV.

Mr Gadsden described passing on HIV as "the most serious form of bodily harm" because it is "life-threatening" and has "no known cure".

He told the jury: "They (the women) will each say to you if he had told us the truth and told us he was HIV positive then of course we would never have considered having unprotected sex with him."

The case was adjourned until Tuesday.



Story from BBC NEWS:

http://news.bbc.co.uk/go/pr/fr/-/1/hi/e ... 826815.stm

Published: 2004/06/21 18:23:40 GMT

© BBC MMIV
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lady cop
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Intentional spreading of AIDS

Post by lady cop »

it's attempted murder in my venue. as it should be, we have had to lock up known prostitutes for this.
koan
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Intentional spreading of AIDS

Post by koan »

The only thing that I can think of to help prevent this would be mandatory counselling for anyone who is diagnosed. It is hard to come up with an answer that wouldn't further punish the people who contract HIV and do not cause harm, but counselling would be helpful to everyone in this condition and might help identify people who are not coping.
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persephone
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Intentional spreading of AIDS

Post by persephone »

The conclusion to the above story, GBH isn't much but at least it sets a president so you'd hope it will continue, and notice there is a genetic test that can show that at least the virus is the same strain, without having the medical evidence myself, I would guess gives a high chance that it came from the same person.

R v MOHAMMED DICA

3 November 2003

Mohammed Dica was today sentenced at Inner London Crown Court as the first person in 137 years to have been convicted of deliberately transmitting a disease.

At the trial last month, the court heard that Dica, 38, a married father of three, knowingly infected two lovers with the HIV virus.

Crown Prosecutor, René Barclay, head of CPS London’s Serious Casework Sector, said: “This was a ground-breaking prosecution, which was the result of a massive team effort. The implications are that in the future people who are reckless in this way will be vigorously prosecuted.”

The defendant from Mitcham, South London, denied the offences, which took place between 1997 and 2000. He told police both women had known about his condition. The jury took three hours and 45 minutes to find him guilty of what the prosecution termed ‘biological grievous bodily harm’.

Dica was charged with two counts of causing grievous bodily harm under the Offences Against the person Act. Crown Prosecutor Michael Jennings, who reviewed the case, said: “The prosecution was based on what happened to Mohammed Dica’s victims as a result of his actions.”

The decision to prosecute followed legal research by CPS London into the case, which suggested that while it was not an offence as such to infect someone with HIV or other viruses and diseases, existing legislation might be sufficient to bring a prosecution on the facts of this case. The prosecution initially went ahead on the strength of the two victims’ evidence and their personal backgrounds. Both had been involved in long-term relationships with partners who did not have HIV. But what proved crucial to obtaining a conviction was the medical and scientific evidence.

The key to linking Dica with his victims lay in finding a virologist, an expert in the study of viruses. The prosecution scoured Britain before they located Professor Peter Simmonds at Edinburgh University who agreed to run the tests.

Two lots of blood samples had to be transported to Edinburgh within 24 hours of being taken from the defendant and victims’ bodies on the same day. A specialist courier company, accompanied by police officers, had to be employed.

Two different types of tests, involving gene sequencing and genetic finger printing, took ten weeks to complete. The first test was done manually and to ensure it was correct, it was re-done a thousand times on a computer - a process known as “bootstrapping”. The tests proved that all three shared the same strain, sub-type A, a sub-Saharan strain.

Story from Crown Prosecution Service
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weeder
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Intentional spreading of AIDS

Post by weeder »

iVE LOST MANY FRIENDS AND ACQUANTINCES TO AIDS OVER THE PAST 20 YEARS.

iT IS MAY UNDERSTANDING THAT THERE ARE LEGAL CONSEQUENCES FOR PEOPLE WHO KNOWINGLY INFECT OTHERS. IMAGINING IT HAPPENING TO ME HAS KEPT ME

VERY DISCERNING REGARDING INTIMATE CONTACT WITH OTHERS. IT IS A HUGE

CRISIS. LAWS CANT PROTECT US FROM HUMANS WITH CRUEL INTENT . I AM SO SORRY FOR YOUR DEVASTATING NEWS.
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persephone
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Intentional spreading of AIDS

Post by persephone »

Weeder wrote: LAWS CANT PROTECT US FROM HUMANS WITH CRUEL INTENTNo, but there is part of human nature that wants revenge, or at least some sort of justice which, I guess is what starts it all in the first place.

If a person knowingly infects another with HIV then that is murder... Okay the person isn't dead, and may live a fairly long life and "normal", but it is a death sentence that they know is there and they will soon learn how hard it is to live with it, so maybe not so "normal".
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weeder
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Intentional spreading of AIDS

Post by weeder »

Revenge.....is not a part of normal human nature. It is contained in a small sick part of the human race. Thank God!!! The very young, and the naive do not have enough living under their belts to recognize the vengful immediately. That is why

{ although it might be uncomfortable at times...} we have a responsibility to

look out for each other. Elders, though often laughed at... are on this earth to

guide the young. Aids is such a horiffic illness that many people seem to be in denial regarding its very existence. Those of us who have experienced its reality,

have a responsibility to let others know.....It truly is out there, some times disguised and often hidden.
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Bill Sikes
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Post by Bill Sikes »

letha wrote: Someone here just got done for it... I'll find the details and post them, unless someone beats me to it *looks to Bill*


Sorry, I've been busy.... Mohammed Dica was found guilty and sentenced to 8 years, in October, 2003. The case was appealed, and judgement was given on the 5th. May this year: http://www.courtservice.gov.uk/judgment ... v-dica.htm There is to be a re-trial, and MD was refused an application for bail.
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Bill Sikes
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Intentional spreading of AIDS

Post by Bill Sikes »

letha wrote: If a person knowingly infects another with HIV then that is murder... Okay the person isn't dead, and may live a fairly long life and "normal", but it is a death sentence that they know is there and they will soon learn how hard it is to live with it, so maybe not so "normal".


Someone up in Scotland was prosecuted for this a couple of years ago - "Reckless endangerment", or something - I'm not very "up" on the system up there. ISTR his (female) lover was awarded some sort of financial compensation.
A Karenina
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Intentional spreading of AIDS

Post by A Karenina »

The articles and the links are great, thank you.



I was reading the thoughts on vengeance or justice. I'm really not sure where I am with that right now. I'm very hurt that my friend is going through this. I can't imagine what my friend is feeling.



I do know I'm really angry. This jerk is running around my town infecting people and refusing any "interference" in terms of medical help or responsibility. I'm not sure how we can allow him the right to do this.



Lady Cop, you said a lot of prostitutes are carrying the disease as well. Are they using condoms at all?



weeder and everyone, thanks for your thoughts...I feel completely useless, so I guess I immediately try to do something, anything! Even volunteering to help a lawsuit to stop this kind of reckless behavior...and I agree, Lon, it should be treated like vehicle manslaughter.



My friend is handling it well so far. We use a very business-like approach when we discuss the details of treatment. Otherwise, we just tell stupid jokes as usual.
We are what we repeatedly do. Excellence, then, is not an act but a habit.

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Bill Sikes
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Post by Bill Sikes »

A Karenina wrote: I do know I'm really angry. This jerk is running around my town infecting people and refusing any "interference" in terms of medical help or responsibility. I'm not sure how we can allow him the right to do this.

( ... )

weeder and everyone, thanks for your thoughts...I feel completely useless, so I guess I immediately try to do something, anything! Even volunteering to help a lawsuit to stop this kind of reckless behavior...and I agree, Lon, it should be treated like vehicle manslaughter.


I have had to go back to the beginning of this, I didn't read your OP.

If you think that there is someone who knows he has HIV/AIDS, and that he is

recklessly having sex with other people, then this is not "like vehicle manslaughter" *at all* IMO. It's more like deliberately driving into someone, rather than an accident. Also IMO, you, and your friend have a duty to do something about this - your friend may well see some value in preventing this person doing the same thing again, too. I suggest that the first thing to do is take a trip to your local cop shop and see what *they* think can be done about it. A good starting point for a free opinion, anyway. Perhaps they'll have a publically-funded lawyer of some sort you can chat to, as well.
A Karenina
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Intentional spreading of AIDS

Post by A Karenina »

Excellent advice, Bill. I will definitely follow it!
We are what we repeatedly do. Excellence, then, is not an act but a habit.

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greydeadhead
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Intentional spreading of AIDS

Post by greydeadhead »

I think I recall an incident in New York (not the city) where an HIV positive man was purposely having unprotected sex with women.. I can't remember what the outcome was.. let me see if I can find it for you..
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persephone
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Intentional spreading of AIDS

Post by persephone »

This story I'm not so sure is true, every time I hear it it stinks of Urban Myth to me, but non the less, the young girls who have told me it, it has affected in a possitive way.

An 18 year old girl goes on holiday, abroad with a group of her friends. Whilst there she meets a good looking guy and a holiday romance begins, they have sex, unprotected of course.

The holiday comes to an end and she prepares to leave, she has his phone number and a small gift he tells her not to open until she is on the plane.

Later on the plane she opens this small precious gift with somewhat excitment, only to find a small pin in the shape of a coffin saying "Welcome to the Club". A note inside tells her that her holiday lover has HIV.
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greydeadhead
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Intentional spreading of AIDS

Post by greydeadhead »

found it.. from the Buffalo News...

MAN FACES CHARGES OF GIVING HIV TO WOMAN

Author: HENRY L. DAVIS

Article Text:

A Jamestown man has been charged with allegedly transmitting the AIDS virus to a Chautauqua County woman.

Ernest Lockett, 31, pleaded innocent Monday in Chautauqua County Court to felony charges of first-degree assault and reckless endangerment. Bail was set at $20,000.

An indictment returned Friday by a county grand jury accused Lockett of showing depraved indifference to human life when he allegedly engaged in sexual relations with the woman and exposed her to HIV, the virus that causes AIDS.

A conviction on the assault charge would carry a penalty of up to 25 years in prison.

Unlike some other states, New York has no specific law covering people who knowingly or deliberately infect others with HIV. Criminal cases involving AIDS are brought under other laws.

District Attorney James P. Subjack declined to comment on the case, as did Lockett's court-appointed attorney, assistant public defender Kevin Lawmer.

The indictment did not identify the woman.

Nan Nowak of Silver Creek has been publicly calling on county officials to seek an indictment for more than a year, contending that her former lover infected her and her newborn with HIV when he knew he had the virus.

"I have done everything by the book and played by the rules. Hopefully, something good will come of this," she said Monday.

Ms. Nowak, who has two other daughters from different relationships, said she and Lockett were sexual partners in 1993 and briefly lived together. She said her third daughter tested positive for HIV.

Medical experts say infected women can pass the virus to a baby during pregnancy, while giving birth or when breast-feeding.

Ms. Nowak has said she could have received treatment during pregnancy, drastically reducing the chance of transmitting HIV to the newborn, had health officials been free to tell her that her sexual partner was infected.

HIV is treated differently than other sexually-transmitted diseases. Under the state's confidentiality law, which took effect in 1988, a doctor may notify the sexual partners of an HIV-infected person without the person's consent, but is not obligated to do so.

If an HIV-infected person seeks care from a county health department, officials can offer to help find the sexual partners, but the person does not have to accept the help. Officials cannot disclose the person's identity or contact sexual partners on their own.

Lockett's arrest comes nearly a month after Chautauqua County officials publicly identified Nushawn Williams, 19, and accused him of infecting at least nine young women with HIV.

In the case of Williams, who is being held in a New York City jail on an unrelated drug charge, authorities invoked for the first time in New York a provision of state law that allows an infected person's name to be disclosed in cases of "clear and imminent danger to the public health."

But officials cited the state's confidentiality law for their decision not to comment on any aspect of Lockett's case.

News Chautauqua Correspondents Terry Webster and Sheila McCarthy contributed to this article.

This is what I can find on short notice..
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A Karenina
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Intentional spreading of AIDS

Post by A Karenina »

Grey, this is awesome stuff. Thank you!!
We are what we repeatedly do. Excellence, then, is not an act but a habit.

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persephone
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Post by persephone »

I was just saying to my flatmate there must have already been a case in America... Then I found the post.

Just feel the need to point this out though, it's very bad to get it so wrong.

A Jamestown man has been charged with allegedly transmitting the AIDS virus to a Chautauqua County woman.You can not transmit AIDS, only HIV which, then develops into AIDS.

If someone was charged with that then surely they could get off on the technicality that it is impossible to transmit AIDS?
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A Karenina
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Post by A Karenina »

That's a good point, Letha. You are a born lawyer, and that's not an insult! Could be that the papers wrote it wrong...how shocking in our land of free press, yes?



You know...I've been thinking hard about all of this. I've been a real nag to my friend over the past year. I've criticized his lifestyle, been harsh about his lack of interest in things beyond sex and pop culture, refused to listen at times because I didn't want to know gory details...I've been really awful.



Now here we are, and he has this horrible disease. He somehow still trusted me enough to tell me about it, in spite of my cruelty. But it sits there between us - a silent accusation on my part. It's as if I am saying that it wouldn't have happened had he followed my "big sister" advice. I don't think about it that way. Done is done, and good friends remain true in spite of the stupid things we do to ourselves...but I can't help but feel it in the air.



I know I need to work through my own guilt feelings, because they shouldn't be there clouding our friendship. Especially now. I'm just rambling, I guess...
We are what we repeatedly do. Excellence, then, is not an act but a habit.

Aristotle
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