If a person is HIV positive and conceals their HIV status, the other person cannot have consented to any sexual activity in which they would have relied upon that information which was concealed. In other words, concealment of HIV positive status would deprive another person of vital knowledge a reasonable person would rely upon in consenting to have sex, regardless if they intended to have unsafe sex or not. As a matter of law, in some jurisdictions, criminal intent is demonstrated by the concealment of such information.
I suspect our disagreement on the ethical aspect of these relationships is the heavy burden placed on the HIV positive person. You're right Indy, we never will agree on the ethical obligation imposed upon HIV positive people. It's a heavy burden that many HIV positive people have just because they are HIV positive. As I pointed out in my last response, if we fail to address our ethical obligations to each other, you can be assured somebody is going to address our legal obligations.
As it now exists, there is great resistance to discussing what our ethical obligations are to each other. It is indeed unfortunate the heavy burden falls upon the shoulders of HIV positive people. While I do understand why an HIV positive person might want to conceal their HIV positive status, there is an overriding and compelling public health consideration that makes what appears to be a private matter a public health and safety issue.
I just happen to think the issue of personal ethic between ourselves obligates us to disclose vital information which would impact the publics health and safety. We need to bring peer pressure to bear upon ourselves in accepting the burden of responsibility, rather than have that responsibility imposed upon us in the form of punitive criminal laws. Some jurisdictions have already done exactly that. If we take care of the ethical questions of our behavior, there will be little or no need for criminal sanctions. That is all I am saying.
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Those who deny freedom to others deserve it not for themselves. And, under a just God, cannot long retain it.
-- Abraham Lincoln
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