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The man Rhoades had sex with, 22-year-old Adam Plendl, had not contracted the virus.That’s not a surprise, because Rhoades used a condom.But for the rest of his life — he is 39 — he will remain registered as an aggravated sex offender who cannot be alone with anyone under the age of 14, not even his nieces and nephews. Over the last decade, there have been at least 541 cases in which people were convicted of, or pleaded guilty to, criminal charges for not disclosing that they were HIV-positive, according to a Pro Publica analysis of records from 19 states. Defendants in these cases were often sentenced to years — sometimes decades — in prison, even when they used a condom or took other precautions against infecting their partners.The national tally is surely higher, because at least 35 states have laws that specifically criminalize exposing another person to HIV. In 60 cases for which extensive documentation could be obtained, Pro Publica found just four involving complainants who actually became infected with HIV.And medical records show he was taking antiviral drugs that suppressed his HIV, making transmission extremely unlikely.A national group of AIDS public health officials later submitted a brief estimating that the odds of Rhoades infecting Plendl were “likely zero or near zero.” After his lawyers petitioned the court, Rhoades’ prison sentence was changed to five years’ probation.Para convertirse en un usuario premium (ORO) de por vida y desactivar esta función, lo único que tienes que hacer es comprar cualquier cantidad de tokens una sola vez.
And studies show that about half of newly infected people got the virus from those who didn’t know they had HIV.Such laws, then, provide a powerful disincentive for citizens to get tested and learn if they carry the virus.The laws “place all of the responsibility on one party: the party that’s HIV-positive,” said Scott Schoettes, a lawyer who supervises HIV litigation for Lambda Legal, a national gay-rights advocacy group.So relying on a partner to know, let alone disclose, their HIV status is a risky proposition.The laws, these experts say, could exacerbate this problem: If people can be imprisoned for knowingly exposing others to HIV, their best defense may be ignorance.