Stop the jailing of people who INTENTIONALLY transmit HIV

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Poll: Should people be jailed for intentionally spreading HIV?
Yes - It's disgusting (25)
69.44%
No - It's fine (3)
8.33%
Yes - Actually... No. They should get something worse than jail time. (6)
16.67%
No - They should be punished severely, but not jailed (2)
5.56%
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TheMcSame
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#1
Report Thread starter 3 years ago
#1
So this week in stupid news...

http://www.sacbee.com/opinion/opn-co...146529814.html

Just a few quotes I grabbed out of the article...

Over time, that vague fear of AIDS that I once had has been replaced with an understanding that HIV is a chronic illness that can be easily managed with medication. It’s no longer a death sentence. What’s more, it’s highly unlikely that someone with an undetectable level of HIV in his or her blood, which is pretty common these days for undergoing treatment, will transmit the virus to anyone else.
Heck, hepatitis C kills three times as many people as HIV does.
Yep, that's right folks. We should stop punishing people for wilfully transmitting diseases like this because some other virus kills more people.

These laws aren’t “compassionate,” “caring” or “tolerant” toward people with HIV or AIDS. They’re fear-based holdovers from the days of the “gay plague,” which in many ways, the Reagan administration callously let happen by ignoring the disease and its victims for far too long. Back in the 1980s, Reagan wasn’t “compassionate,” “caring” or “tolerant.”
Frankly, I don't think anyone who's intentionally spreading HIV is caring, compassionate or tolerant. Those who are intentionally passing it along have made it a game, and they're the sort of people you hear in the "HIV terrorism" stories who will brag about transmitting the disease, or they'll pass it on so they don't feel like the odd one out.

So it’s telling that it’s a gay man from San Francisco, Sen. Scott Wiener, who is pushing the bill that would greatly reduce the penalties for transmitting HIV.

Where California now has four felony offenses on the books for people who deliberately pass along the virus, Senate Bill 239 would repeal two of them and reduce two others to a misdemeanor, just like the intentional transmission of every other infectious or communicable disease.

So far, only the California Right to Life Committee has come out in opposition. Meanwhile, the list of groups in support is long, from the California Medical Association to Equality California to the ACLU.
.......
Now the remnants of those laws are being used to marginalize a whole new group of people with HIV, many of them opioid addicts in red states spreading the virus through dirty needles. It’s time to be “compassionate,” “caring” or “tolerant.” It’s time to end the cycle.
Personally, I'm completely baffled that people are coming out and saying that people who intentionally spread this shouldn't be jailed. It's life changing, even if we can manage it, people are still killed because of HIV. The thought that anyone can even make the argument that transmitting a potentially deadly virus is only worthy of being considered a petty crime is mind blowing. The far left (California has always been a strong, politically left state) just comes out with stupider and stupider things by the day.
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username2488767
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I remember first learning of this kind of practice in A Level Law (the case of R v Dica saying that it was possible to commit biological harm in GBH) and had never even considered that people did this. The argument that there are "worse diseases" is absolutely rediculous! Murder is worse than GBH but should we just not lock up those people who break bones just because someone else did something worse and died from it?

The number of people who die from AIDS (you cannot die from HIV technically, you die from the infection, bacteria, etc caught/developed from having HIV) in 2015 was 1.1 million according to the WHO (http://www.who.int/gho/hiv/en/) so to suggest that it should not be punished is just horrendous. I don't know if it's legally possible, but I would suggest that those who are convicted of ABH/GBH via this act be further charged with manslaughter if the victm dies as a result from contracting HIV.
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Tiger Rag
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But they have intentionally committed a crime. Is it right to say they've assaulted someone here?

I don't buy the argument of "there are worse diseases" either. The fact is, you'e committed a serious crime which you should be punished for.
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Kvothe the Arcane
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#4
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I don't know whether they should be jailed (I tend to lean on incarceration being a last resort) but should certainly receive some type of punishment in order to disincentivise them from repeating the crime.
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kozí kluk
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(Original post by Tiger Rag)
I don't buy the argument of "there are worse diseases" either. The fact is, you'e committed a serious crime which you should be punished for.
Sounds like they have 4 specific laws just for spreading HIV and no specific laws for any other diseases even "worse diseases". Seems reasonable to get rid of those 4 specific laws and just have one for any disease to me, no idea how they've managed to make such a reasonable argument sound so batshit crazy though.
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JamesN88
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#6
If it's intentional then it should carry the same penalty as murder.
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TheSpicyTriangle
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#7
Of course they should be jailed! Especially in places that don’t have socialised health care! Medication for HIV already costs the government a load, why would be want to spend more tax money on a preventable disease?
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username4903866
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#8
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#8
People used to do this when I was a teenager in the nineties. I saw people in clubs crying because they felt a needle prick and was handed a card saying welcome to the AIDS club
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Crimson456
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#9
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#9
If someone was to did it accidentally, then that can't be dwelled on and should instead focusing on support and care

If someone purposely does it just to infect, then they should be punished. It leads to lifelong disabilities and will mostly likely cause premature death. Its not ok for them to get away with it
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