HIV-Positive Man Guilty of Passing Virus

A jury has convicted a Minneapolis man who is HIV-positive of passing on the virus that causes AIDS to another man through unprotected sex -- but the prosecutors may have used a law in a way it was not intended to make their case.

The jury convicted 30-year-old Daniel James Rick last Friday after a weeklong trial in Hennepin County. Rick was found guilty of a felony -- attempted first-degree assault, knowing transfer of a communicable disease -- in the first of three cases being brought against him.

According to the complaint, the man went to Rick's home, where the two had sex without using condoms. The complaint says Rick did not say he was HIV-positive; however, Rick's defense attorney said that's not the case.

"Mr. Rick completely told the victim in this case he was HIV positive," said Landon Ascheman.

The other man later tested HIV-positive. According to the complaint, he had tested negative before having sex with Rick.

Yet, when Rick took the stand, he told the jury that he told the man he was HIV positive while the two were at the Saloon in Minneapolis.

According to Ascheman, the jury convicted Rick not on the part of the law dealing with sexual penetration and full disclosure, but rather on the section that is intended to deal with organ transplants and the transfer of blood, sperm, organs or tissue.

In the end, personal responsibility and full disclosure were not issues for the jury -- which could establish a strict precedent for those living with HIV. Currently, there are HIV-positive people on the Internet searching for people willing to have unprotected sex. Under this interpretation, they're all breaking the law whether they tell their partner or not.

"I beat myself up every day. Not a day goes by I don't think, 'Why didn't you protect yourself?'" said Robert O'Rielly, one of at least four men who had unprotected sex with Rick.

O'Rielly also said Rick never disclosed he was HIV positive.

The other two cases against Rick will go to trial next year.

Sentencing is set for Nov. 28, and Rick may face up to four years in prison.

The Friends of AIDS Foundation is dedicated to enhancing the quality of life for HIV positive individuals and empowering people to make healthy choices to prevent the spread of the HIV virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.

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