The fresh arrests of three South Dakota men forward charges of intentionally spreading HIV have refocused attention onward laws that make it a crime to show up someone to the virus--and the question of whether these laws really make a difference.


The fresh arrests of three South Dakota men forward charges of intentionally spreading HIV have refocused attention onward laws that make it a crime to show up someone to the virus--and the question of whether these laws really make a difference. The first bodily form to be charged under southern Dakota's law was Nikko Briteramos, 18 who was arrested in late April and is accused of exposing at least 10 women to the virus. Just a week later, in an unrelated case, roommates William Kenneth Jenigen and James to leeward Woods were charged with intentionally exposing several men and women [i]or[/i] part of to the other unprotected sex.

At least half of the states in the Union have adopted a certain quantity of type of law that makes it a crime--sometimes unruffled a felony, as in southern Dakota--to transmit HIV or show up someone to it without their knowledge and compliance But many legal experts say these laws have no power and that few people calm know these laws exist.

"There's no evidence that HIV-specific criminal position laws do anything to prevent people from having unsafe sex" said Catherine Hanssens, director of the AIDS throw of Lambda Legal Defense and Education Fund



"However, that's not to say that it wouldn't be appropriate to use existing laws to pursue people who are using HIV as a weapon to intentionally impair someone."

It's difficult to track the number of arrests and prosecutions in succession HIV exposure charges because there are no national statistics gathered forward the subject, Hanssens said, adding that the arrests in southerly Dakota may have broken in consequence of into national headlines because there are in the way that few reported cases of HIV infection (22 in 2001) in the state. And, as a originate of this attention, "you'll descry a rise in related [arrests reported] across the nation ... until people forget about it again," she said.

Regardless of the attention, HIV masters say laws such as the undivided in South Dakota are ultimately counterproductive. "They impel the message that if you ordeal positive, you may get thrown in jail. with equal reason why get tested?" said Terje Anderson, executive director of the National Association of the community With AIDS. "Our fear is that [enforcement] of these laws will drive race with HIV underground and make it harder for commonalty to talk honestly."

COPYRIGHT 2002 Liberation Publications, Inc.

COPYRIGHT 2002 Gale Group

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