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Welcome to Passing on HIV Leads to Criminal Prosecution

Passing on HIV Leads to Criminal Prosecution

HIV - A Deadly Virus

HIV is one of the most deadly viruses and is mainly responsible for development of the disease AIDS. HIV can be passed one from one person to another in different manners and the lack of knowledge on the part of people about the ways in which HIV can be transmitted is responsible for the virus’s widespread reach. 

There is paranoia found amongst the public about HIV patients with some not even ready to meet or befriend such individuals even though transmission of HIV has nothing to do with some physical contact. This shows the level of mental problems and trauma HIV patients have to go through apart from the physical problems that they suffer. 

While almost everyone is told about the ways in which HIV is transmitted, people who get diagnosed with HIV are always given detailed guidance about ways that they can transmit HIV. This information is given to them in order to ensure that they don’t become responsible for transmitting HIV to another person. However, it is still seen that some individuals with HIV don’t take the necessary precautions while interacting with other individuals and thus, leave them at slight risk of contracting the virus. For instance, see this example. The hotel worker knew that he had HIV but he did not tell his partner and continued to have unprotected sexual intercourse with her for a period of three years. To make sure that no one uses HIV as a weapon against any other human being, criminal prosecution is pursued when a person intentionally passes on HIV to another person. 

In What Cases is Criminal Prosecution Pursued?

While the media consistently reports cases of HIV being passed on by an infected individual, as done in Brian Banda’s case, but the media misreports most of the cases as ‘intentional’ transmission of HIV when they are actually cases of ‘reckless’ transmission. 


Reckless transmission of HIV

When a person does not take all the precautions possible to stop the transmission of HIV, it is considered a case of reckless transmission. Here it is important to understand that the individual’s intention is not to pass on HIV but the recklessness and carelessness on the part of the patient leaves the door for HIV transmission open. 


Intentional transmission of HIV

When a person takes all measures that he can in order to transmit his HIV to another person. This would be the case in which the person is charged with intentional transmission of HIV. 

The case mentioned as an example above where the hotel worker didn’t tell his sexual partner about his HIV and had an unprotected sex with her for three years is a case of reckless transmission as the individual didn’t take all the precautions. To say that there was intent behind the individual would be wrong because the chances of HIV transmission after the initial month or so of infection through unprotected sex are only 0.06%. It would turn out to be a case of intentional transmission had the person had unprotected sex with his partner right away after he was told that he had HIV and that the chances of transmission through unprotected sex remain very high for the initial few weeks. 

A lot of organizations argue that cases of reckless transmission should be dropped as these are mistakes with no intent of passing on HIV. It is believed that when such cases are taken up and reported by the media, the paranoia of public about HIV infected individuals only grows. You can find about HIV transmission prosecutions in more detail here. 

What You Should Know About HIV

It is important that once you have realized that you might have contracted HIV that you learn as much about it as possible. You should start with ways in which it gets transmitted and then learn about its symptoms, its treatments and its testing methods. You will find out that in order to have the best chance of getting treated if you have HIV, you must get diagnosed quickly. This is why learning about the testing and getting a test done if you have even a shadow of a doubt remains necessary. You can get more information on HIV here.

Online HIV Testing Makes Getting Tested Easy

In order to keep your doubts about having HIV private, online testing remains the best option. All you need to do is to go online and then order the HIV test. You will receive a testing kit and this fast HIV screening kit should contain the needed equipment and necessary guidelines on how to take the sample. Once you will send the sample, the company would send you the test results after a certain time period. The results are e-mailed to keep everything as private as possible. 



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