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Sex with HIV after a crime? Updated laws divide advocates



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Like Sanjay Johnson describes it, his sexual encounter with James Booth October 2, 2015, was a one-night stand. But that would bind people inextricably two years later, when Boot went to an Arkansas police station and accused Johnson of exposing him to HIV.

Prosecutors in Lithuania have followed a criminal charge against Johnson, although a doctor says he is not transferring to booth because he is on drugs that have sustained his virus.

"I was just trying to continue," Johnson said about his criminal case, which ended this year. "Last year, I thought of suicide."

Booth said he deserved to know about Johnson's HIV status regardless of any medical treatment.

"I could have protected myself," he said.

About 20 states have had laws like those in Arkansas that make it a crime for people with HIV to have sex without first informing their partner of their infection, regardless of whether they used a condom or were on medications that made the transmission a disease. Effectively impossible.

Health experts and advocates for HIV patients say that rather than detrimental behavior that could transmit the virus, such laws perpetuate stigma about the disease that can prevent people from being diagnosed or treated.

North Carolina and Michigan have recently updated their HIV release prosecution policies if they are taking drugs that have suppressed their virus. A Louisiana law enforcement effect in August 2018 allows defendants to charge someone with an exposure to HIV by presenting evidence that a physician was advised they were not infectious.

Many advocates say the new policies create an underclass of people who want access to drugs and are therefore still vulnerable to prosecution. They say states should completely subordinate HIV exposure if the person intends to infect someone.

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"We should not create laws that create yet strata and divinity among already marginalized populations," said Eric Paulk, deputy director of Georgia Equality.

The action comes when the tramp management aims to eradicate HIV – the virus that causes AIDS – until 2030.

According to statistics, some thousands of HIV-diagnosed people diagnose every year and say that while the disease can no longer be fatal, it is still a long time from many medical care facilities.

The Office of the Attorney General in Arkansas recently filed a case in Johnson's case for rejecting the argument that HIV exposure no longer served any purpose.

"HIV remains a serious threat to public health," it wrote.

In the case of Booth and Johnson, they met through a happy dating app.

According to Booth, Johnson denied being HIV positive until they had unprotected sex. Johnson, 26, said he did not discuss his HIV status.

John Johnson, chief prosecutor in Pulaski County, said that the principal prosecutor in Pulaski County said that Jason, the chief prosecutor in Pulaski County, is allowing the accused person to avoid prison time and be recorded.

HIV crimes Sanjay Johnson AP

In the 20th of July 2019 photo, Sanjay Johnson poses for a photo in downtown Little Rock, Ark. Johnson is accused of exposing a sexual partner to HIV. Prosecutors in the raft followed a criminal charge against Johnson even though a doctor said he could not have survived HIV, because he was on drugs that had sustained his virus.

AP

But prosecutors also wanted to promote the importance of disclosing HIV to potential sexual partners.

"The flip side of this coin is that it is a victim of this crime," the prosecutor said.

People with HIV on antiretroviral drugs who keep their viral load below a specific threshold, have "effectively no risk" of transmitting HIV, according to federal centers for dyslexia and prevention. But since 2016, just a little more than half of the estimated 1.1 million people living with HIV. There. Are virally suppressed, the CDC says.

North Carolina Department of Health and Human Services spokeswoman Sarah Lewis Peel said in an email that you state 's new policy ensures HIV prevention and control strategies are "firmly rooted in science." Responding to criticism, the change of some people behind, she listed several programs that cover HIV medication.

Critics say states should decriminalize HIV exposure if it is intended to infect someone. This would reflect the fact that HIV was manageable and not easy to deal with, dozens of advocacy groups said in a consensus statement in July 2017.

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Georgia may be headed in the direction. Pending legislation would require intent to transmit HIV for a prosecution.

It is not clear how many people have prosecuted prosecution under HIV law, but data from two think-tank states at the California University, Los Angeles School of Law, indicate they are not isolated. Florida and Georgia authorities have made nearly 1,500 arrests of suspicion of HIV-related crimes in the 1980s by hundreds of convictions, according to Williams Institute.

Boot said he tested positive for HIV after meeting with Johnson. Johnson's doctor, Nathaniel Smith, told the Associated Press that Boot could not have contracted HIV from Johnson because a laboratory tested at the time of their meeting showed Johnson's viral load was too low. Smith, who has testified to Johnson, has also directed the Department of Health.

Johnson did not request a contest to reinforce assault as part of his prosecuting contract in February, and was focused on five years of probation. He would have fired up to 30 years behind bars and the possibility of being registered as a sex offender was jokingly convicted of HIV exposure.

He has a new job helping people manage their diets but said his arrest and prosecution left a scar.

"It closed me more," he said.

But Boot said he had the sympathy for what Johnson had done, but had decided to tell police.

"It was something that needs to be done," he said.

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