Attempted Murder?

House

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Aug 17, 2006
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I remember a long time ago an investigation into exactly such case. Firstly, yes, a person who knows they are HIV positive and have unprotected sex with another, without informing him/her of their status can be prosecuted for attempted murder or eventually murder.

But, here is the catch:

The police / State needs to proof a few things:

1. The person was indeed HIV Positive at the time the sex occurred.
2. The person knew that he/she was HIV positive when the sex occurred. (We needed to get medical proof that the person previously undergone medical tests and that he/she was informed of the outcome)
3. That the person was educated and had sufficient knowledge on what AIDS is and what the consequences could be of having unprotected sex.
4. That unprotected sex did indeed occur between the two parties.
5. That the other party was never informed of the others' HIV status.

Although these sounds plain forward, believe me, in real life this is not a very easy thing to proof in a court of law.

What happened in our case was that we could never have obtained medical evidence that the person had undergone HIV tests before and that she was informed of the status / results. The case was dismissed.
 

Pho3nix

The Legend
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Jul 31, 2009
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Although these sounds plain forward, believe me, in real life this is not a very easy thing to proof in a court of law.

What happened in our case was that we could never have obtained medical evidence that the person had undergone HIV tests before and that she was informed of the status / results. The case was dismissed.

Where you not able to get the medical evidence because of Patient/Doctor confidentiality or some other reason?
 

House

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Where you not able to get the medical evidence because of Patient/Doctor confidentiality or some other reason?

No, we could never identify a doctor who could testify that he/she informed her of her status. Her defense was that she never knew she was HIV positive, although the complainant alleged she knew.

We found out that, with a court order, which blood service did the testing and they provided the hospital and doctor who requested the blood test's information. We obtained an affidavit, again with a court order, from the doctor who just stated that he never made any notes on whether the result was given to the patient. He assumed it was not as there were no record of him doing so.
 

Ockie

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Feb 16, 2008
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So ... then you should also be saying .... drive with your window unlocked. .... you deserve to be dragged out of your car ... robbed .. raped and throat slit. Forget to lock your house door? Yes ... you deserved to have your family wiped out by a criminal. You enjoy tanning? Yes ... you absolutely deserved to get cancer and should die a agonising painful death. You went to a club to have some fun? Yes ... of course you deserved to have your drink spiked and end up raped by someone you do not know.

Or are you only saying it in this case because a sexual encounter is involved?

Saying someone deserves to get AIDS is a shocking thing to say abzo. Yes ... it can be prevented ... but so can many mistakes. I would never wish this on anyone ... and pray to god I am spared this disease in my lifetime. You should do the same.
 

azbob

Honorary Master
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Nov 18, 2008
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36,338
Hey you forgot "if you swim in the ocean, you deserve to lose a leg to a shark".
 
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