When it comes to STD/STI (sexually transmitted diseases/infections) and criminally infecting someone…there are things you should know.
Just a quick point of clarification, you may be saying to yourself STD?? I thought they were all called STIs now?! The simple answer is not all STDs are infections, and not all STIs are diseases, that’s why they had the name breakdown to be more specific because some people get sand in their vaginas when it comes to healthcare and what type of rotten crotch they may have – diseased or infected….
ANYWAY
I’m here to help you get to know your responsibilities and the rights of couples when STDs are involved.
Many States in the U.S. lately have been enforcing laws legislated in the 1980s on criminal transmission of STDs. These laws were passed as knee jerk reactions to the HIV/AIDS epidemic but because of the anonymity with many of the 1980’s sexual transmissions (ala homosexual bathhouse sex with multiple partners) and a 100% mortality rate up until the mid-90’s, no one ever brought legal action. It would have been nearly impossible to find the person, and why bother wasting what precious time left before your immune system winked out.
Jump to today’s world: STD transmission is still high among homosexual gay men, but it’s always been highest in heterosexuals…especially young women. (In a future article I’ll go over why that is and how to decrease risk of getting an STD statistics) With medical advances as they are today, people can live long lives with HIV/AIDS, Herpes, HPV, and the other non-curable STD/STIs. But if you have the unfortunate luck of getting a test result that shows up positive, well after the initial shock and denial, the anger sets in. Someone gave it to you, and that someone is going to pay!
Usually after the end of a bad relationship, accusations and lawsuits can be tossed every which way. The truth is, it is extremely difficult to prove someone intentionally gave you a STD. The way the law is written a clear intent to infect your partner with a disease must be established. With a consensual sexual relationship, this becomes difficult to prove. If this is the case some people will claim this line – “But my partner never told me he had X, and I wouldn’t have had sex with him/her if I had known!” This is also extremely difficult to prove, and this brings up personal responsibility.
Case Study: In 1997 there was a man Nushawn Williams, an African American who intentionally wanted to spread HIV to as many women as he could. He succeeded in infecting a number of women from upstate New York, and was arrested and brought to trial. He was not convicted on criminally transmitting HIV, because the sex was all consensual; but they did get him on statutory rape since one of his partners was underage.
How was he not convicted?
Did you ever ASK your partner if he was clean? Did you bring up using protection at all, even once? No? Then STFU. Legally speaking, a sexual partner DOES NOT HAVE TO disclose any health condition that may be transmittable to another person. Sounds terrible right? Not really. Personally I believe an infected partner does have a moral and ethical responsibility to inform their relations before becoming intimate with them. Although, for many reasons people don’t do this, and again, are not legally responsible to do so.
The following is a list of when STDs will not be prosecuted in a court:
- Partner did not know s/he had an infection (Think: When was the last time you had a STD battery?)
- Partner did not understand how infection is transmitted (Think: Not a very bright individual)
- Previously disclosed STD to partner, or honestly believed partner was aware of his/her status through some other means (Think: Everybody knows what Pam Anderson has)
- Did not disclose status because of fear of violence or other serious consequence (Think: Women tells guy she has herpes, gets punched in the face)
- Took reasonable measure to reduce transmission risk (Think: Made a point to use a condom every time but never said why it was so important)
- Mutually acceptable risk was agreed on by partners (Think: bare-backing)
- You were exposed to an STD from your partner, but no transmission occurred (Think: having unprotected sex, but you got lucky)
Sometimes laws like these around the world unfairly impact women and girls, as multiple relationships are the cultural norm and women have little recourse to protect themselves. In Kenya for example, it is acceptable for a man to visit a prostitute and continue having a sexual relationship with his wife – when the woman eventually tests positive for HIV, she gave it to the man, despite never having another sexual partner. The woman is usually stoned to death if she does not flee in time.
Thankfully we are a bit “less barbaric” in the States; in some states someone with HIV who spits on another person can be tried for murder and/or manslaughter despite scientific proof it is impossible to transmit HIV from spitting on someone.
My recommendation to everyone is regarding this is:
- Always ask if your partner has something you should know about before becoming intimate
- It’s up to you to be responsible for your own sexual safety & health always use protection until you know your status and your partners
- Its usually a waste of time to pursue legal action against someone for transmission of a STD/STI
- Don’t hate on people who don’t choose disclose their healthcare status – it’s personal and private, and needs to done in a safe trusting environment. If your partner feels you don’t provide that they may never disclose to you.