STDs and the law

Discussion in 'Ethics, Morality, & Justice' started by Orleander, Aug 15, 2008.

  1. Orleander OH JOY!!!! Valued Senior Member

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    If someone gives you an STD do you think you can have them arrested for assault? Or is it your own damn fault for not demanding they be tested before having sex with them?
     
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  3. oiram Registered Senior Member

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    You have two different points,

    The first point is that if a person knowingly has a STD and doesn’t say anything to their sex partner (whoever it may be, either a spouse or a trick) it is deception, negligence and assault IMO and that person should be charged with such.

    There are also degrees to this point, as if a STD is nonlife threatening and contracted should it be a less serious of an offense in relation to someone who knowingly has HIV/AIDS as this is known to cause death, thus condemning a person to a death sentence. IMO any person who knowingly is infected with HIV/AIDS should be prosecuted for a felony crime of aggravated criminal assault.

    If a person unknowingly has a STD and passes it to another person then there is no criminal intent, but the problem is how it could be proven a person either knew or didn’t know they were infected unless you can determine a paper trail of either test results or lab results from any recent hospital or clinic test.

    The other point to consider is clogging the legal system with more lawsuits or criminal cases, and for god sakes sending such a convicted person for this type of crime to prison is totally a waste of tax dollars and prison bed space.

    Therefore we reach you second point and that is it boils down to each person taking the responsibility to know who they are having sex with and if both parties are free from any STD.

    I know there are people who do not have a problem having sex with others who do have STD including HIV if the sex they engage in is safe and responsible…
     
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  5. Letticia Registered Senior Member

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    I am pretty sure some people had been charged with attempted murder -- they knew they were HIV-positive, and had unprotected sex without telling the partner.
     
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  7. Orleander OH JOY!!!! Valued Senior Member

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    No, a non-life threatening one. Its already considered attempted murder here in the US. If the person dies, its is murder.

    I'm talking about syphilis or gonorrhea or herpes.
     
  8. oiram Registered Senior Member

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    This question you raised also brings legalizing prostitution, here is why..
    IMO if prostitution was legalized and each person who wanted to be a prostitute regardless of gender made application for both a prostitution permit license as well as be required to undergo medical testing for STD and other such ailments like Hepatitis etc… These people would then be given a separate health card apart from their prostitution license that would contain codes on the back, such as a ‘HC’ to indicate Hepatitis C, or HIV indicating HIV, ‘S’ for syphilis, etc… . Also any person applying would be required to submit a DNA sample that would be entered into the national DNA data base… .
    The point I am making in regard to your original question was that with such a system of health cards in place anyone without a health card who had sex could be charged if they had a STD and passed it on, where as a person who had a health card couldn’t if they presented their card.
    This IMO would then allow two things to naturally happen; the first would be that society in whole would embrace such health testing and in turn this would cause less stigma or embarrassment when a person who was wanting to have sex with another person regardless of the situation would feel more comfortable asking to see another person’s health card as it is the responsible thing to do to determine if a person does have any STD’s.

    Second this would then cause more people to not only be more responsible and possibly curb some STD from being transited but it might also allow early detection and treatment for those who might not know they are carriers.

    This health card idea with the proper media publicity and campaign behind it might that would include such slogans a “present or repent’ meaning present you health card or repent for forgiveness if you catch anything.. ) this would encourage all people to apply for one, and or it eventually becoming a law for anyone to get a driver’s license would also need a health card. The argument for this could be that during an emergency where the person was unconscious medical information could be readily available.

    Opponents will argue that medical technicians using the proper precautions will not be at any risk of contracting anything including HIV or hepatitis; therefore such a card would be an invasion of privacy or a form punishment if they protested having a card and were prevented from getting a drivers license.

    Opponents will also argue those people who are engaging illegally in prostitution will not want to apply for a prostitution license or health card and will simply continue their acts. IMO I think prostitution should be banned from being taxed in any form and this would again make prostitutes more too likely to get a health card and a prostitution license and feel comfortable about doing so.

    IMO the main reason prostitutes are against coming forward for such a program is them having to pay taxes on earned income and feeling obligated to report it. With a tax exemption this would erase that fear, while actually saving tax payers millions of dollars as license and health cards would cost enough to cover their administrative cost while the information will help in regards to prevention and not treatment.

    After all of this it would eventually become a social stigma to engage in sex without first asking or being presented a health Card from a sex partner regardless of who they were.
     
  9. Norsefire Salam Shalom Salom Registered Senior Member

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    There are also cases in which a partner may ask his partner, and his deliberately lies and says "no", and then passes on an STD.

    In fact I think a short while ago a man had deliberately and intentionally tried to spread his STD (AIDs) with as many people as he could. He not only spread it with partners but he had raped a small boy (or girl I'm not sure) and now that boy has to grow up with AID's.

    I don't know what his sentence was but I think he should be executed like the vermin he is.
     
  10. Orleander OH JOY!!!! Valued Senior Member

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    I'm not talking about AIDS or HIV. There are already laws in place for those diseases.

    Again, NOT AIDS or HIV!!!

    So if someone gave someone crabs, could they call the police to have them charged with assault? Should they? I don't think a condom protects you from crabs.
    What about herpes, which lasts a lifetime?
     
  11. Orleander OH JOY!!!! Valued Senior Member

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    No, no it doesn't. :bugeye:
     
  12. Asguard Kiss my dark side Valued Senior Member

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    who said syphilis or gonorrhea wernt life threatning?
    actually they are reportable diseases which when discovered REQUIRE the person to give up there medical confidentuality and there list of sexual partners so they can be tracked down and tested (i THINK)
     
  13. Orleander OH JOY!!!! Valued Senior Member

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    lord love a duck. Fucking FINE then! Crabs. A person gets crabs. Can they have the other person charged with assault. Or is that not an STD? Is that a hair that needs to be split as well?

    Can somebody tell me an STD that works in this thread?
     
  14. Asguard Kiss my dark side Valued Senior Member

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    herpies

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    though even that can cause cervical cancer

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  15. shorty_37 Go! Canada Go! Registered Senior Member

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    You don't really want to charge your husband....
     
  16. Orleander OH JOY!!!! Valued Senior Member

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    Yeah for herpes!!! Herpes it is.

    If a person infects another person with herpes, is that assault? Or was it that person's responsibility to make sure they got tested before they had sex with them?
     
  17. CutsieMarie89 Zen Registered Senior Member

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    I don't know, I guess they would have to infect you knowing they had the STI and know that the chances of you getting it were very high. For bacterial STIs, which (can be life threatening if left untreated for like 30 or 40 years) are easy to treat I don't really think its that big a deal. Its just like if someone sneezed on you and you caught their cold. Or even better someone had a sore throat and they let you share their drink even though they know they're sick.
     
  18. Simon Anders Valued Senior Member

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    It should not then be simply sexual diseases. If you have TB and you share air with others then you should be charged. If you have bronchitis and hang out with the elderly you are a menace. And so on.
     
  19. CutsieMarie89 Zen Registered Senior Member

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    A slippery slope, exactly.
     

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