Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2021-09-01
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor

  WINDY CITY TIMES

The AIDS transmission law: A crime to have sex?
by Roger McCaffrey
2013-04-10

This article shared 4426 times since Wed Apr 10, 2013
facebook twitter google +1 reddit email


Q. I was tested for the HIV virus and the results were positive. Since then I have had sex with people and have not told them that I had tested positive. Should I tell my future sexual partners that I test positive for HIV? Does it make any difference if we used condoms during sex? Am I guilty of a criminal offense?

A. The Illinois Supreme Court has unanimously upheld Illinois' HIV Criminal Transmission of HIV Act. The case before the Illinois Supreme Court concerned two individuals (Caretha Russell and Timothy Lunsford - his alleged conduct was vaginal intercourse) who were charged with violation of the Criminal Code of Illinois, section 12-16.2(a)(1) which provides that a person commits Criminal Transmission of HIV, a class 2 felony, if he or she, "knowing that he or she is infected with HIV: (1) engages in intimate contact with another."

Subsection (b) defines "intimate contact with another" as "exposure of the body of one person to the bodily fluid of another person in a manner that could result in the transmission of HIV."

The law does create an affirmative defense if the person exposed knew or should have known that they were at risk of being infected and consented to having sex with that knowledge. This means that anyone who is positive and has sex, should disclose their HIV status to their partner. The law does not include other defenses which should be considered in a criminal prosecution such as safe sex precautions with the use of a condom.

The law also does not require the sexual partners to have actually been infected. Furthermore, the prosecution would not have to show that the accused had the criminal intent to infect someone else with the HIV virus. Merely having sex ("intimate contact") would be sufficient.

Because the language of the law focuses only on a person's knowledge that he or she is HIV positive the law will discourage testing. The result may be that individuals might be putting themselves at risk to avoid any actual knowledge and resulting criminal prosecution.

There have been very few Illinois prosecutions under this law other than actions involving prisoners who spit on guards. If you are HIV positive, however, there is always the possibility of criminal prosecution if you engage in sex.


This article shared 4426 times since Wed Apr 10, 2013
facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

NATIONAL Carl Bean dies, LGBT History Month, military events, Dykes on Bikes
2021-09-19
Archbishop Carl Bean—an openly gay former Motown singer, longtime AIDS activist and leader in the LGBTQ church movement—died at age 77, The New York Daily News reported. In a statement entitled "The Giant Sleeps," the Unity ...


Gay News

HHS awards $48M to health centers to expand HIV prevention, treatment
2021-09-16
On Sept. 16, the U.S. Department of Health and Human Services (HHS), through the Health Resources and Services Administration (HRSA), awarded more than $48 million to 271 HRSA-supported health centers across 26 states, Puerto Rico and ...


Gay News

New safety precautions announced for 30th annual AIDS Run & Walk Chicago Oct. 2
2021-09-08
--From a press release - CHICAGO — AIDS Foundation Chicago (AFC) has announced proof of full vaccination or negative COVID-19 test result within 72 hours of event will be required for all in-person participants for the 30th annual AIDS Run & ...


Gay News

Controversial rapper DaBaby meets with Black HIV advocates
2021-09-02
On Aug. 31, Black leaders from nine HIV organizations across the country announced they held a virtual, private meeting with rapper Jonathan "DaBaby" Kirk to discuss HIV facts and share personal stories of living and thriving ...


Gay News

HIV AT 40: Global activist Phill Wilson talks Chicago, the '80s and vaccines
2021-09-01
Phill Wilson is one of the best-known HIV/AIDS activists/educators around the globe. The Chicago native was the co-founder of the National Black Lesbian and Gay Leadership Forum and the National Task Force on AIDS Prevention. He ...


Gay News

Celebration of life for Roman Buenrostro taking place Oct. 5
2021-08-31
A celebration of life for the late Chicago advocate Roman Buenrostro will take place Tuesday, Oct. 5, 3-6 p.m., at Goodman Theatre, 170 N. Dearborn St. Buenrostro was an LGBTQ- and HIV/AIDS-rights activist who passed away ...


Gay News

GLAAD releases '2021 State of HIV Stigma' study
2021-08-29
GLAAD recently released its second annual State of HIV Stigma Study, a national survey among U.S. adults with the sample supplied by research firm Cint. The survey, funded by Gilead COMPASS Initiative, measures U.S. attitudes toward ...


Gay News

Feds expand insurers' requirements for PrEP coverage
2021-08-26
Insurers and service-providers have until September to comply with a new federal guidance requiring insurance companies to cover the entire cost of PrEP (pre-exposure prophylaxis) interventions. Many insurers have been ...


Gay News

NATIONAL Ann Arbor ban, Buttigieg, NYC settlement, Gloria Allred
2021-08-22
Using gay conversion therapy on minors to try to change their sexual orientation or gender identity is now officially banned in Ann Arbor, Michigan, according to MLive.com. "So-called conversion therapy is, of course, an abomination," Mayor ...


Gay News

CDPH seeking proposals from groups to connect the HIV-vulnerable to services
2021-08-12
--From a press release - CHICAGO — Today, the Chicago Department of Public Health (CDPH) issued five Requests for Proposals (RFPs) for qualified smaller organizations to implement screening and support services to help accelerate efforts ...


Gay News

Chicago Academy's 25th annual AIDS benefit show Sept. 24-25
2021-08-12
Each year, Chicago Academy for the Arts students produce and perform in a variety show to support HIV/AIDS research and organizations. The 25th Annual AIDS Benefit will take place Sept. 24-25 at The Academy, 1010 W. ...


Gay News

U.S. Conference on HIV/AIDS moves to virtual
2021-08-10
--From a press release - Aug. 10, 2021 - NMAC today announced that the 2021 US Conference on HIV/AIDS will move from an in-person conference to a virtual meeting due to the continued spread of the Delta variant of the Covid ...


Gay News

Five Worth Finding: Gerber/Hart, 'Mr. Soul!,' S'mores desserts and more
2021-08-09
—Stacks of Laughter: Gerber/Hart Library and Archives, 6500 N. Clark St.. will host a comedy benefit, "Stacks of Laughter," on Saturday, Sept. 18. At 6 p.m., there will be a VIP reception with local historian John ...


Gay News

Dr. Ezike meets with Black coalition about HIV/AIDS act
2021-08-04
Illinois Department of Public Health (IDPH) Director Dr. Ngozi Ezike recently met with members of the Black Leadership Advocacy Coalition For Healthcare Funding Equity (BLACHFE) in Chicago. The meeting took ...


Gay News

Hilton-Asmus showing works from National Geographic photographers
2021-08-04
Hilton | Asmus Contemporary announced a specially curated exhibition of images from the archives of acclaimed National Geographic photographers, filmmakers and marine biologists Paul Nicklen and Cristina Mittermeier. "ORIGINS," will ...


 



Copyright © 2021 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS







Sponsor
Sponsor


 



Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.