General Question

flo's avatar

What happens to people who purposefully keep their health issues a secret ?

Asked by flo (13313points) October 9th, 2012

That is, someone hiding their HIV positive status, from their sex partners. Should eveyone be compelled to just inform their partners regardless of the risk of passing on the virus even if they plan to use condoms?

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11 Answers

chyna's avatar

Condoms can break. Yes. Anyone that is HIV positive or carries any other STD is morally obligated to tell any potential sexual partners they have a disease. I actually think they should be obligated by law to reveal their STD’s to their partners before having sex.

flo's avatar

Yes @chyna I agree, but what should happen to them,... Added:if they get sued?

chyna's avatar

If i found out that I was infected with HIV, I don’t think that just suing someone would make it all okay. I would want them to go to jail for handing me a potential death sentence.

Adirondackwannabe's avatar

Oh god that’s horrible. If I wasn’t upfront I couldn’t live with myself.

Coloma's avatar

I agree with @chyna
Didn’t you just ask a similar question very recently?
Willfully failing to disclose ones sexual health issues of any kind is reprehensible and about as fucked up as one can get. It’s the equivalent of doing grave bodily harm to another and should be severely punished.

lillycoyote's avatar

I don’t know the outcome of any of the prosecutions but in some countries, and some states in the U.S. it is a crime to knowingly infect someone with HIV. So, there could be criminal prosecution by the state and… regarding civil suits, I don’t know. I’m sure people have been sued for it. But again, I don’t know what the outcome of those lawsuits might have been.

flo's avatar

@Coloma I did but then I abandoned after it went to editing. I wish we could see who answered when an OP is in editing.

Nullo's avatar

I think that there’s a criminal charge for that. I certainly hope so.
Infected persons ought to keep their pants on. And uninfected persons ought to keep their pants on, too. Ought to cut down on this kind of crap.

JLeslie's avatar

Not telling someone about a positive HIV status is criminal in my mind. Other STD’s I think ethically we should inform partners, but things like HPV for instance, a man usually does not even know he has it. I would bet many many women have had positive PAP smear, and did not understand or put together it is HPV, and still had unprotected sex with men without malice, but they are carriers. STD’s are not as clear cut as people want to think, at least not some of them. But, HIV is in a different class than the others. Although, STD’s like syphilis are deadly, and others can leave women infertile, but those are generally curable with antibiotics, so people once they know they are infected take the meds, so even though those diseases are bad, most people who pass them forward are not aware they have it. Sometimes because they are asymptomatic, and sometimes because they are stupid and don’t go to the doctor when something is wrong down there.

Seaofclouds's avatar

It is called criminal transmission and there are many states in the US that have laws specifically dealing with HIV. Here is a link that tells you which states criminalize HIV transmission, the statute, and the type of crime. In my state, it is criminalized (as a felony) and the penalty could be the same as the penalty for murder of the second degree in some cases.

The idea that someone would willfully withhold their HIV status is sickening to me, but I know it happens. Some people just don’t talk about HIV and STDs before having sex. I always asked about STDs and HIV before having sex with someone for the first time. If they would have lied to me and I found out (especially by finding out with a positive HIV test), I’d definitely pursue legal action against them and urge the DA to go as far as they could with the case.

flo's avatar

Whether the HIV is a low viral load or full blown, whether the partner is strong/lucky enough not to get infected, disclose, disclose, disclose, not ifs or buts about it, you can’t take away the right to make informed consent away from the partners, right?

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