A week ago, while I was traveling, this story broke about the HIV-positive man (Nick Rhoades, above) imprisoned for HIV transmission because he didn't tell a sex partner he had the virus until after they had sex. The man, Adam Plendl, who he topped with a condom, freaked out and called the cops.
Plendl never tested positive for HIV, yet the fact that Rhoades didn't tell him he was HIV-positive until after sex made what he did a crime. He was sentenced to 25 years in prison, which was reduced to time served (nine months). He will forever be branded a sex offender, however.
My reaction to this was: I don't get it. If someone has HIV and knowingly has unprotected sex with another person without telling them, I think that's disgusting and wrong. While I think it's true that we all have to be responsible for asking people or, if we're too shy, taking informed risks, if someone is saying they want unprotected sex and you're HIV-positive, you have a moral—and I think you should have a legal—obligation to say, "I'm HIV-positive." Then if they still want it, that's that.
But if you're having safer sex, that to me is an indication on both parts that, "Look, we know there is one particular, incurable virus out there that we're both admitting either one of us could have." Therefore, the risk-assessment has occurred, and both parties are deciding they think even IF either one has HIV, they're willing to accept that a condom and lube will very probably keep it away.
It's always more considerate to tell someone when you have an STD. But if there is only a small chance they will contract it based on your sexual behavior together, should it be illegal and punishable by decades in prison if you don't own up to your status? I can't get on board with that.
I think it's insanity that this bitter bottom would feel justice was served when he saw Rhoades going away for most of the rest of his life, if not all of it, in prison. And I think it's insanity for any gay man who's had a lot of sex to believe he has not had sex unknowingly with HIV-positive individuals quite a few times.
But tell me your opinions, because I've noticed that even on gay blogs, most commenters think Rhoades got what he deserved.