News from other sources
Singapore: Court of Appeal rules that sodomy law may be unconstitutional
TOC News " BREAKING: Court of Appeal rules that 377A arguably violates the Constitution’s Equal Protection Clause
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A letter from a top government official confirms that Ontario has halted discussions with a coalition fighting to reduce the use of criminal law in HIV-nondisclosure cases. The letter, from Mark Leach, acting deputy attorney general, to the Ontario Working Group on Criminal Law and HIV Exposure (CLHE), says that the province will wait until the Supreme Court of Canada releases its decision in R v Mabior before resuming work with the group.
US: Former professional footballer Trevis Smith loses high school coaching job after his Canadian HIV non-disclosure conviction comes to light
The Birmingham News reports former CFL player Trevis Smith was let go after a reporter asked the school about his criminal record. There is a report that a Birmingham, Ala. high school has let go former CFL player Trevis Smith after learning about his conviction for aggravated sexual assault in Canada in 2007.
Australia: Male sex worker accused of ‘intentional’ transmission in Melbourne court
A HIV-positive male prostitute accused of deliberately infecting clients had discussed with his doctor the risks of transmitting the disease, a court heard today. Adam Randall, 36, who allegedly offered sexual services including unprotected sex at his home in Reservoir, appeared briefly in the Melbourne Magistrates Court this morning.
Canada: Journalist Noreen Fagan examines what the Supreme Court ruling might mean for people living with HIV
Risk assessment Since HIV is no longer a death sentence, should the law still make it illegal for someone with the disease to keep that information from a sexual partner? With the Supreme Court set to answer that question this fall, NOREEN FAGAN examines the implications for society and those with HIV.
Russia: women from Kemerovo region will have one year suspended sentence for alleged exposure of two man to HIV
English version – Translation (For Russian version, please scroll down)
A suspended sentence was ruled by the court of the Belyavsky district of the Kemerovo region for a woman residing locally. Knowing about the diagnosis, – HIV infection, third stage, – she entered into a sexual relationship without the use of barrier contraceptives.
The woman was registered in the clinic for two and a half years as HIV-postive. In writing, she was warned about criminal liability for the risk of infection. Nevertheless, the woman disregarded this information and exposed two men at the risk of HIV transmission.
These data were obtained in the course of verification of parental responsibilities by the HIV-infected women. Law enforcers found that she not only the abuses her parental rights. The resident of the Belovo district was convicted under the article on ‘knowingly placing another person in danger of HIV infection’. She was sentenced to one-year imprisonment with a probation period of one year.
Условный срок назначен в виде наказания жительнице Белявского района Кемеровской области. Зная о своем диагнозе – ВИЧ-инфекция третьей стадии – она вступила в половую связь без использования средств контрацепции.
Женщина состояла на учете в диспансере два с половиной года. Ее письменно предупреждали об уголовной ответственности за опасность заражения инфекцией. Тем не менее женщина пренебрегла этой информацией и подвергла риску здоровье двоих мужчин.
Эти данные удалось получить в ходе проверки исполнения родительских обязанностей ВИЧ-инфицированной женщиной. Правоохранители выяснили, что она злоупотребляет не только родительскими правами. Жительница Беловского района осуждена по статье “Заведомое поставление другого лица в опасность заражения ВИЧ-инфекцией”. Ей назначено наказание в виде одного года лишения свободы условно с испытательным сроком на один год.
Originally published in gazeta.a42
Canada: Ontario pastor accused of luring teen, charged with attempted aggravated sexual assult
An HIV-positive youth pastor from Newcastle has been arrested for allegedly luring a teen online for sex, Durham and provincial police say. Investigators posing as a 15-year-old boy were befriended online by a man who went by collegetoy2033. They arrested him Thursday when he allegedly agreed to meet the boy for sex at a residence.
US: Iowa man’s attorney asks court to dismiss HIV case
WATERLOO, Iowa — The attorney for a HIV-positive Waterloo man accused with having sex without notifying his partner is asking the court to dismiss his client’s case. Donald Bogardus was arrested and charged with criminal transmission of HIV in 2009.
University of Michigan News Service | Michigan courts use HIV disclosure laws to punish poor, marginalized individuals
ANN ARBOR, Mich.-Michigan’s felony HIV disclosure law is a tool to control and punish marginalized and poor individuals in criminal court cases, according to new University of Michigan findings. In many states, a person with HIV can be charged with a crime if he or she engages in sexual activity without telling the other person.
Despite a spate of good news for the eradication of HIV — the FDA’s approval of Truvada to prevent its transmission, the Supreme Court decision upholding the Affordable Care Act and thus retaining the ACA’s great benefits for those living with HIV, and the lifting of the HIV/AIDS travel ban that allowed the International AIDS Conference to take place in Washington, D.C.