Man charged with knowingly transmitting HIV

Kerry Thomas was charged with knowingly spreading HIV, according to a report from KTVB.com.

Idaho law on this is very clear. Any person who is knowingly HIV positive who engages in acts with another person known to possibly transmit HIV is guilty of a felony. The defenses against this are either full knowledge and consent or advice or direction from a medical professional that the person is not infectious.

Let me explain why this law is fundamentally flawed. First of all it completely negates the responsibility of the individual to protect themselves. If two adults are engaged in consensual sex it is up to both partners to protect themselves. The reason is because you can never be sure what sort of diseases you may carrying or what your partner may be infected with. Secondly there is no way to establish proof that someone did or did not disclose and obtain consent. It become a he-said-she-said type of situation. There is no substantive way to prove that disclosure did or did not happen. In theory this law should be completely unenforceable. The only time this law could be enforced is when someone who has tested positive in Idaho (the state keeps a list of names of people who are HIV positive which is supposedly confidential - though I have serious misgivings about any lists of names that a government keeps - it always reminds me that the Nazis kept lists of people too) goes and attempts to donate blood or sperm (or some other body fluid or part for use in another individual).

In short Thomas should be acquitted and this law should only apply to people who are on the state's list who attempt to donate body fluids or parts.