[sci.med.aids] debating the AIDS privacy issue and legalities..

GERRI@IBM.COM (Gerri Oppedisano) (02/02/91)

>
>   Does this same question apply to lesser diseases, such as
>        Herpes?
>   Should it matter if the person tells their partner or not?
>   Can the contracting of the disease be considered a crime
>        even if no one has yet died?
>

Tell me, why on Earth would a person who has AIDS not tell their sexual
partner unless they are so bitter about the whole thing they couldn't
care who else contracts the desease? If I had a contageous, fatal, sexually
transmittable desease I believe I would tell my partner. This is not a matter
of needing your privacy respected, this is a matter of possibly killing
someone. I personally feel this should be true of ANY sexually transmitted
desease.. In the case where there is a cure for whatever it is you have
(i.e.syphillis), you are required by law to contact your parnters to get
treated if you are diagnosed as having the desease (that is, your doctor
is required to report you the the health dept. and the health dept. gets on
you to contact past lovers). In the case of Herpes, there is no cure but
it isn't fatal, so people unfortunately have their choice as to whether or
not to keep it a secret, although, again, I think the partner should be
informed.. Call me old fashioned but if you don't feel close enough to
someone to reveal the fact that you have a sexually contageous desease then
why would you feel fine having sex with them?

Anyway, you might guess that my opinion in answer to your question is Yes,
if a person who has AIDS or is HIV+ and knows it but doesn't tell their
partner and the partner dies of it and it is traced back to you, then you
should be charged with murder. If the person didn't die but finds out you
have AIDS or are HIV+, then you should be able to be held responsible in
some way.. maybe a suing for damages or sentence of some kind of assault..
Sounds like there would need to be a new law for it. But my basic point is
people should not be allowed to walk around being that irresponsible.

In answer to your second question, I think I've expressed that it SHOULD
definitely matter whether you tell your partner or not what your status
is given the jeopardy you are most likely putting them in. It shouldn't
matter to you if you have malicious intent, but it certainly should matter
to the potential victim.

If a person has contracted an HIV+ status or full blown AIDS from another
person who knowingly kept the information from them, then I would consider
it to be a crime -- (in answer to your third question).

I assume from your note that you're asking for opinions (given the "shoulds"
in your questions). I have no idea what the case really is legally. It would
be good to find out. What is ACT-UP's view on this?

gerri@ibm.com