Comments on: Man with HIV charged with sexual assault on other man http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/ The daily news source for the gay, lesbian, bisexual and transgender community Sat, 20 Mar 2010 07:00:40 -0400 http://wordpress.org/?v=2.9.2 hourly 1 By: Ricky Strange http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-67733 Ricky Strange Mon, 13 Jul 2009 01:32:08 +0000 http://www.365gay.com/?p=5809#comment-67733 Sorry Ben, but Leanna is not correct.Most of her post was already posted on another site by another person. She has merely continued the rant against the criminalization of hiv. Nothing there hasn't already been posted by someone else. Like any other charge against someone, the Hamilton police were contacted and a complaint was made. Using the information provided they made an arrest. If there wasn't enough eveidence no arrest would have been made. Second they are not on a witch hunt, they take the evidence they have and conduct an investigation which includes seeking the public's assistance when required no matter what type of case it is. Yes there are homophobic police officers in the world but there are also police haters in the gay community. So come see come saw. There is bigotry/racisim everywhere. To give you a sense of what sexual assualt is go here, it is for Saskatchewan but being Canadian it wouldn't be that far off for the other Provinces. http://www.plea.org/freepubs/sass/sasspg1.htm There is not a startling amount of charges being laid in Canada for non-disclouser, there have just been a few that have come up recently by coincedence. For those that think this will scare people off from getting tested, think again. Check with Health Canada, not knowing is the same as knowing. As far as myself and friends/aquaintaces are concerned we know people that are hiv + & - and know nothing of this stigma that the powers that be are trying to exploit. Just because someone doesn't want to have sexual contact with you that is not stigma that is their choice. And if they call you a few names well that is a mentality issue with them. The people we know that are + tell potential partners about their status because they are required to by law, and they include this information in any profile they have on cruising sites. To protect themselves they also advise the person when they meet and keep that information stored so they have it in case they are called on this. It's easy to keep a quick note on a cell phone these days and they are date and time stamped. Currently the law states that hiv+ people must disclose their status prior to any sexual activity. This is actually a good law and should be kept even tho many out there question why hiv and not other virus's. That is something you can decide on your own, spend time researching and make your own decision. Mine is that there is no cure, it will be a long time before there is a cure and the virus is mutating which makes it harder to develope a cure. That is as far as I will go on the subject in this post and not open a new can of worms. Just as someone that is + must notify you prior to sexual contact of their status, that does not mean that you are not responsible for asking the appropiate questions of each potential partner yourself. You then have a choice to make of being intimate with that person or not. Be respectful when you decline. Thx for reading. Sorry Ben, but Leanna is not correct.Most of her post was already posted on another site by another person. She has merely continued the rant against the criminalization of hiv. Nothing there hasn’t already been posted by someone else.
Like any other charge against someone, the Hamilton police were contacted and a complaint was made. Using the information provided they made an arrest. If there wasn’t enough eveidence no arrest would have been made. Second they are not on a witch hunt, they take the evidence they have and conduct an investigation which includes seeking the public’s assistance when required no matter what type of case it is.
Yes there are homophobic police officers in the world but there are also police haters in the gay community. So come see come saw. There is bigotry/racisim everywhere.
To give you a sense of what sexual assualt is go here, it is for Saskatchewan but being Canadian it wouldn’t be that far off for the other Provinces. http://www.plea.org/freepubs/sass/sasspg1.htm
There is not a startling amount of charges being laid in Canada for non-disclouser, there have just been a few that have come up recently by coincedence. For those that think this will scare people off from getting tested, think again. Check with Health Canada, not knowing is the same as knowing.
As far as myself and friends/aquaintaces are concerned we know people that are hiv + & – and know nothing of this stigma that the powers that be are trying to exploit.
Just because someone doesn’t want to have sexual contact with you that is not stigma that is their choice. And if they call you a few names well that is a mentality issue with them.
The people we know that are + tell potential partners about their status because they are required to by law, and they include this information in any profile they have on cruising sites. To protect themselves they also advise the person when they meet and keep that information stored so they have it in case they are called on this. It’s easy to keep a quick note on a cell phone these days and they are date and time stamped.
Currently the law states that hiv+ people must disclose their status prior to any sexual activity. This is actually a good law and should be kept even tho many out there question why hiv and not other virus’s.
That is something you can decide on your own, spend time researching and make your own decision. Mine is that there is no cure, it will be a long time before there is a cure and the virus is mutating which makes it harder to develope a cure. That is as far as I will go on the subject in this post and not open a new can of worms.
Just as someone that is + must notify you prior to sexual contact of their status, that does not mean that you are not responsible for asking the appropiate questions of each potential partner yourself. You then have a choice to make of being intimate with that person or not. Be respectful when you decline.
Thx for reading.

]]> By: Ben http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-49249 Ben Sat, 28 Mar 2009 17:17:18 +0000 http://www.365gay.com/?p=5809#comment-49249 Leanna, thanks a lot. You said everything that needed to be said here. Criminalizing and witch-hunting keeps people from getting tested. It doesn't help anyone - it makes things worse. Leanna, thanks a lot. You said everything that needed to be said here. Criminalizing and witch-hunting keeps people from getting tested. It doesn’t help anyone – it makes things worse.

]]> By: Leanna http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-48561 Leanna Tue, 24 Mar 2009 17:29:09 +0000 http://www.365gay.com/?p=5809#comment-48561 We don't know the whole story except that the police have put out a warning for more alleged victims, that the accused is HIV positive, and that there was "sexual contact". Do we even know whether there was HIV transmission? It doesn’t say. Does that make a difference to know, before we are so quick to judge? Yet so many assumptions have already been made, without knowing all the facts. There seems to be an assumed ‘malicious intent’ because there could potentially be more alleged victims who had sexual contact with the accused - but does this article even mention what kind of "sexual contact" he is being charged with? It does not. Is “sexual contact “ even a term defined within Canadian legislation? No, it's not. Defining what constitutes “sexual contact” is left for the interpretation of individual police and crown attorneys. Let's also consider that "sexual contact" in some places includes 'petting', so even low risk sex practices for HIV positive people (WITH a condom, oral, etc.) is considered aggravated sexual assault, as is happening in Canada where charges are being laid for non-disclosure of HIV status for any “sexual contact”, at a startling rate. Why is it only HIV non-disclosure that people are getting charged with? There are other viruses that get passed through contact, yet it's only HIV that gets focused on. Funny (in that sad kind of funny way), that HIV criminalization has been completely racialized and is also seen as a 'gay man's disease'. Well, jaded me, but of course it's HIV that gets the focus. I say if its one virus (HIV), then why not all the others? Because, there would be a public outcry! That’s why. How eye opening. It is the fears that are exemplified by comments in this forum that perpetuate AIDS phobia, and in my opinion it is THIS that leads to the spread of AIDS. By placing the onus on the HIV positive person, the virus continues being spread because people assume they will receive disclosures, and they don’t ask. Great, so we can charge people for infection, but does this stop the spread of HIV? No, it perpetuates a culture of blame and ignorance about safe sex practices and only further stigmatizes people with HIV/AIDS. Also, many probably won't get tested; they don't want to know their status because they live in fear of our “justice” system (even if they do practice what is acknowledged as “low-risk sex” i.e. With a condom) and the legal implications of having knowledge of one’s HIV status. Potentially, they could infect others, not to mention they won’t receive any medical attention, as won’t the people they could have infected…and all because ‘prevention’ in Canada (at least on a governmental level), seems to be based on whether one discloses or not. What is the goal here? Why does our justice system’s focus seem to be on vindication and punishment? I would like to live in a country where the goal is to minimize the spread of a deadly virus, and I don’t think that will happen through criminalizing non-disclosure of HIV status, or loose legal definitions that allow for bias interpretation made by our often misinformed legal entities. I foresee a whole lot of focus and funding being shifted from HIV/AIDS research and practical prevention -and (conveniently?) more money being spent on law enforcement as a supposed preventative measure, which again I really question as having much function in our society’s humanitarian plight against the spread of HIV/AIDS. One last note, all the news on this case seems to be perpetuated from the Hamilton Police, on their witch-hunt for more alleged victims. I'm surprised that anyone in the gay community would be so quick to believe this source. As if the police or law has never targeted gay people. But articles like this one keep getting re-circulated, and the public is already committing the guy (judging by the comments posted), when we don’t know all the facts. The police are certainly sounding the alarms, and this only furthers AIDS phobia, moral panics, and public mass hysteria – so much for a fair trail, and real HIV prevention. We don’t know the whole story except that the police have put out a warning for more alleged victims, that the accused is HIV positive, and that there was “sexual contact”.
Do we even know whether there was HIV transmission? It doesn’t say. Does that make a difference to know, before we are so quick to judge? Yet so many assumptions have already been made, without knowing all the facts. There seems to be an assumed ‘malicious intent’ because there could potentially be more alleged victims who had sexual contact with the accused – but does this article even mention what kind of “sexual contact” he is being charged with? It does not. Is “sexual contact “ even a term defined within Canadian legislation? No, it’s not. Defining what constitutes “sexual contact” is left for the interpretation of individual police and crown attorneys. Let’s also consider that “sexual contact” in some places includes ‘petting’, so even low risk sex practices for HIV positive people (WITH a condom, oral, etc.) is considered aggravated sexual assault, as is happening in Canada where charges are being laid for non-disclosure of HIV status for any “sexual contact”, at a startling rate.
Why is it only HIV non-disclosure that people are getting charged with? There are other viruses that get passed through contact, yet it’s only HIV that gets focused on. Funny (in that sad kind of funny way), that HIV criminalization has been completely racialized and is also seen as a ‘gay man’s disease’. Well, jaded me, but of course it’s HIV that gets the focus. I say if its one virus (HIV), then why not all the others? Because, there would be a public outcry! That’s why. How eye opening.
It is the fears that are exemplified by comments in this forum that perpetuate AIDS phobia, and in my opinion it is THIS that leads to the spread of AIDS. By placing the onus on the HIV positive person, the virus continues being spread because people assume they will receive disclosures, and they don’t ask. Great, so we can charge people for infection, but does this stop the spread of HIV? No, it perpetuates a culture of blame and ignorance about safe sex practices and only further stigmatizes people with HIV/AIDS. Also, many probably won’t get tested; they don’t want to know their status because they live in fear of our “justice” system (even if they do practice what is acknowledged as “low-risk sex” i.e. With a condom) and the legal implications of having knowledge of one’s HIV status. Potentially, they could infect others, not to mention they won’t receive any medical attention, as won’t the people they could have infected…and all because ‘prevention’ in Canada (at least on a governmental level), seems to be based on whether one discloses or not.
What is the goal here? Why does our justice system’s focus seem to be on vindication and punishment? I would like to live in a country where the goal is to minimize the spread of a deadly virus, and I don’t think that will happen through criminalizing non-disclosure of HIV status, or loose legal definitions that allow for bias interpretation made by our often misinformed legal entities. I foresee a whole lot of focus and funding being shifted from HIV/AIDS research and practical prevention -and (conveniently?) more money being spent on law enforcement as a supposed preventative measure, which again I really question as having much function in our society’s humanitarian plight against the spread of HIV/AIDS.
One last note, all the news on this case seems to be perpetuated from the Hamilton Police, on their witch-hunt for more alleged victims. I’m surprised that anyone in the gay community would be so quick to believe this source. As if the police or law has never targeted gay people. But articles like this one keep getting re-circulated, and the public is already committing the guy (judging by the comments posted), when we don’t know all the facts. The police are certainly sounding the alarms, and this only furthers AIDS phobia, moral panics, and public mass hysteria – so much for a fair trail, and real HIV prevention.

]]> By: Morgan http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-46497 Morgan Tue, 10 Mar 2009 04:28:21 +0000 http://www.365gay.com/?p=5809#comment-46497 However "The chips fall where they may", I regard it as my personal duty and obligation to get tested from time to time and know my status. I get tested at least once a year. I regard it my business to know my status and to truthfully disclose it to a future partner so that he can have more choice in the matter should be fall in love with me. It's his life also when he chooses to commit to me and he has every right to know. I have been lucky, in all my tested life I have come up negative. But if I were positive, I would tell him that upfront at the beginning so he can make an informed decision. Sex is wonderful but it is not everything. The life of another human being and the trust he places in me to love him and to do right by him is everything. However “The chips fall where they may”,
I regard it as my personal duty and obligation to get tested from time to time and know my status. I get tested at least once a year. I regard it my business to know my status and to truthfully disclose it to a future partner so that he can have more choice in the matter should be fall in love with me. It’s his life also when he chooses to commit to me and he has every right to know. I have been lucky, in all my tested life I have come up negative. But if I were positive, I would tell him that upfront at the beginning so he can make an informed decision.
Sex is wonderful but it is not everything. The life of another human being and the trust he places in me to love him and to do right by him is everything.

]]> By: Jonathan http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-46198 Jonathan Sat, 07 Mar 2009 02:03:47 +0000 http://www.365gay.com/?p=5809#comment-46198 Jean-Pierre: I think it would have to be proven that the person knowingly and maliciously had unprotected sex with someone. There was a case awhile back where a positive man was purposefully seeking to have unprotected sex with people to pass the disease to them. Someone doing that should be punished in my opinion. Jean-Pierre:

I think it would have to be proven that the person knowingly and maliciously had unprotected sex with someone.

There was a case awhile back where a positive man was purposefully seeking to have unprotected sex with people to pass the disease to them.

Someone doing that should be punished in my opinion.

]]> By: Jean-Pierre http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-46197 Jean-Pierre Sat, 07 Mar 2009 01:49:54 +0000 http://www.365gay.com/?p=5809#comment-46197 Anyone can be HIV-positive. So simple is that. Is there someone that does not know this??? What is the crime here? Unprotected sex? Safe sex without telling the HIV-status? Forcing / raping the men? Why this made news? Why it is on the 365gay.com -site? Any analysis? Using legal actions will not stop HIV. If legal punishment gets a common practice it gets attractive for people NOT to get HIV-tested. As long as you don't know your status you can not be legally charged. And this way to go will bring huge HIV-problem in the future. Anyone can be HIV-positive. So simple is that. Is there someone that does not know this???

What is the crime here? Unprotected sex? Safe sex without telling the HIV-status? Forcing / raping the men? Why this made news? Why it is on the 365gay.com -site? Any analysis?

Using legal actions will not stop HIV. If legal punishment gets a common practice it gets attractive for people NOT to get HIV-tested. As long as you don’t know your status you can not be legally charged.

And this way to go will bring huge HIV-problem in the future.

]]> By: Morgan http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-46120 Morgan Fri, 06 Mar 2009 18:39:59 +0000 http://www.365gay.com/?p=5809#comment-46120 Menstruator, Why on earth should there be a rise in male on male violence just to make you feel superior to the other half of humanity called "men"! I am a man who treats both women and men as a group in general terms with care and respect. What a sad and warped point of view! Call it what you will Menstruator, but I see both women and men as my fellow "sisters and brothers" to treat in a loving and kind way. Every case of HIV/AIDS tears down that much more the sustainability, viability and future of a society as a whole as we have no cure for this illness. What is needed here is compassion, education, and a continued search for an eventual cure for this potentially devastating illness that meds may or may not hold at bay for years, while not curing it and not removing the ability to infect others with HIV/AIDS. This illness is not fun, funny or merry frivolity to feel pleased about. I helped put together hundreds of charity meals that are funded by donations from individuals, a percentage of participating restaurant meal and drink tabs and other donations, etc. Those meals go to support entire families of kids, whose parents are sick from HIV and well as to individuals or couples sick with a variety of other very debilitating and potentially life-threatening illnesses making meal preparation difficult. I have gone on 2 long AIDS bike rides raising myself along with others varying sums of moneys for AIDS and other critical help health-related charities that interfaced with GLBTs people. While these particular rides gave only about 21 cents on the dollar to local charities saddening and angering me and others, to its credit it did furnish charities around the USA with big sums of money that they said they might to have to go without and struggle on. This has prompted some charities to organize their own more limited bike rides to get more out of each dollar people donated. My heart goes out to everyone who suffers some devastating illness or homelessness, hunger etc. Noone in their right mind or right heart would want to suffer so. My heart does not go out to those making saddening, hate-laden, hurtful and vindictive statements like that you Menstruator just made. Menstruator,

Why on earth should there be a rise in male on male violence just to make you feel superior to the other half of humanity called “men”!

I am a man who treats both women and men as a group in general terms with care and respect.

What a sad and warped point of view!
Call it what you will Menstruator, but I see both women and men as my fellow “sisters and brothers” to treat in a loving and kind way.

Every case of HIV/AIDS tears down that much more the sustainability, viability and future of a society as a whole as we have no cure for this illness. What is needed here is compassion, education, and a continued search for an eventual cure for this potentially devastating illness that meds may or may not hold at bay for years, while not curing it and not removing the ability to infect others with HIV/AIDS.

This illness is not fun, funny or merry frivolity to feel pleased about.

I helped put together hundreds of charity meals that are funded by donations from individuals, a percentage of participating restaurant meal and drink tabs and other donations, etc. Those meals go to support entire families of kids, whose parents are sick from HIV and well as to individuals or couples sick with a variety of other very debilitating and potentially life-threatening illnesses making meal preparation difficult.

I have gone on 2 long AIDS bike rides raising myself along with others varying sums of moneys for AIDS and other critical help health-related charities that interfaced with GLBTs people.
While these particular rides gave only about 21 cents on the dollar to local charities saddening and angering me and others, to its credit it did furnish charities around the USA with big sums of money that they said they might to have to go without and struggle on.
This has prompted some charities to organize their own more limited bike rides to get more out of each dollar people donated.

My heart goes out to everyone who suffers some devastating illness or homelessness, hunger etc. Noone in their right mind or right heart would want to suffer so.

My heart does not go out to those making saddening, hate-laden, hurtful and vindictive statements like that you Menstruator just made.

]]> By: The Menstruator http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-46111 The Menstruator Fri, 06 Mar 2009 17:47:49 +0000 http://www.365gay.com/?p=5809#comment-46111 Male on male violence should be on the rise. Think about how many married men give hiv to their wives as they like to sleep around on the DL with the fellows. Women can't always be the victims. Male on male violence should be on the rise. Think about how many married men give hiv to their wives as they like to sleep around on the DL with the fellows. Women can’t always be the victims.

]]> By: Joey http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-46110 Joey Fri, 06 Mar 2009 17:35:40 +0000 http://www.365gay.com/?p=5809#comment-46110 I do not condone this in any way shape or form, but what will the authorities be able to do to punish this man? He is already living with an unspecified death sentance. Unfortunately there is no way to undo what he did, and my heart goes out to those he has affected. Should the tax payers of Canada have to pay for his medical care and room and board in prison? Why not just provide him with a premature death? He obviously had no remorse in providing a death sentance to others, so why not rid this world of such scum? Besides, prisons already have an enormous amount of HIV infections on the rise, why allow this man to continue to infect? I do not condone this in any way shape or form, but what will the authorities be able to do to punish this man? He is already living with an unspecified death sentance. Unfortunately there is no way to undo what he did, and my heart goes out to those he has affected. Should the tax payers of Canada have to pay for his medical care and room and board in prison? Why not just provide him with a premature death? He obviously had no remorse in providing a death sentance to others, so why not rid this world of such scum? Besides, prisons already have an enormous amount of HIV infections on the rise, why allow this man to continue to infect?

]]> By: Jonathan http://www.365gay.com/news/man-with-hiv-charged-with-sexual-assault-on-other-man/comment-page-1/#comment-46093 Jonathan Fri, 06 Mar 2009 14:28:20 +0000 http://www.365gay.com/?p=5809#comment-46093 While there's something to be said for personal responsibility and protecting yourself, a positive person who would knowingly have unprotected sex without telling the person they are positive deserves to be punished. While there’s something to be said for personal responsibility and protecting yourself, a positive person who would knowingly have unprotected sex without telling the person they are positive deserves to be punished.

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