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The case of an HIV-infected man in
Minnesota who was convicted then cleared of a felony for having unprotected
sex, is drawing attention from legal and medical experts nationwide.
Prosecutors charged the defendant under Minnesota state statute 609.2241, which
states that a person commits a crime by transmitting HIV or other serious
communicable disease through “sexual penetration with another person without
having first informed the other person” or by the “transfer of blood, sperm,
organs, or tissues, except as deemed necessary for medical research or if
disclosed on donor screening forms.” The defendant's partner testified he had
sex several times with him, but it was not clear how the partner contracted
HIV.
The jury did not convict the
defendant on the first subdivision of statute 609.2241, but did convict him on
the second subdivision. The Minnesota Court of Appeals overturned the
conviction two to one, stating the 17-year-old statute did not clarify whether
it is illegal for people with communicable diseases to have sex if they have
notified their partner.
In response to the appellate court
decision, Hennepin County’s Attorney Mike Freeman successfully petitioned the
state Supreme Court to hear the case. Freeman stated that the case is about
stopping sexual predators from spreading disease rather than about persecuting
HIV-infected people.
RThe defense attorneys argue that
the second subdivision of the statute addresses medical procedures, not sexual
intercourse. HIV medical specialists and advocacy organizations have supported
the court of appeals’ decision. The Minnesota AIDS Project and the American
Civil Liberties Union warn against criminalizing people with HIV, especially
since advances in medical treatment now make it possible for couples in which
one or both partners have HIV to conceive and bear healthy children. HIV
advocacy organizations urge lawmakers to rewrite the state statute based on
justice and current science.
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.
TOGETHER WE REMAIN STRONG!
