Charged with faking AIDS test for sex

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ShadesOfMe
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11 Dec 2008, 5:14 am

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An HIV-positive Queens man is facing jail time after allegedly faking a clean bill of health to persuade his girlfriend to have unprotected sex.


http://www.nydailynews.com/ny_local/que ... r_sex.html



Averick
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11 Dec 2008, 11:36 am

Not a good thing, he could face prison time.



NotRealBrianWilson
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11 Dec 2008, 1:48 pm

What a ****. Hope they lock him up forever.


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richie
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11 Dec 2008, 3:18 pm

This belongs in the News and Current Events forum.....

And yes the slime-ball should get locked up forever...


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11 Dec 2008, 3:36 pm

Rape ... first-degree murder ... assault with the intent to commit murder ... simple assault ... battery ...

Tack on "Special Circumstances" and the guy will be put away for a long, long time.


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ShadesOfMe
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11 Dec 2008, 8:56 pm

richie wrote:
This belongs in the News and Current Events forum.....

And yes the slime-ball should get locked up forever...
Erm. It *is* in the News and Current events section?

Fnord: Technically it isn't Rape, since she was okay with it. But since He tricked her...This is just wrong. I mean, he essentially *has* murdered her.



serenity
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12 Dec 2008, 9:27 am

I don't know... I think it may qualify as rape. If she waited for the "test results" to consent, then I think the absence of valid test results would indicate non-consent. I also think conspiracy to commit murder, as well as assault with a deadly weapon would be valid charges.



ShadesOfMe
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12 Dec 2008, 1:00 pm

serenity wrote:
I don't know... I think it may qualify as rape. If she waited for the "test results" to consent, then I think the absence of valid test results would indicate non-consent. I also think conspiracy to commit murder, as well as assault with a deadly weapon would be valid charges.
If she has it, then it would be murder, right? because he lied to her, and did this to her, knowing it would kill her.



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12 Dec 2008, 3:02 pm

there was a woman who was HIV positive who went around having unprotected sex, she was arrested for endangering lives. i'm not sure if this guy's worse or the same level, sure he lied and forged a document but it was only one life he destroyed... they should both be locked up for life in my oppinion.

i think they should include an attempted murder charge as well, the problem with the current convictions is that the forgery is probably the most illegal and thus carries the harshest sentance, everyone here knows he deserves so much more.


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Fnord
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12 Dec 2008, 3:05 pm

ShadesOfMe wrote:
Fnord: Technically it isn't Rape, since she was okay with it. But since He tricked her...This is just wrong. I mean, he essentially *has* murdered her.

Okay ... not rape ... Sexual Assault, then.


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serenity
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12 Dec 2008, 3:15 pm

ShadesOfMe wrote:
serenity wrote:
I don't know... I think it may qualify as rape. If she waited for the "test results" to consent, then I think the absence of valid test results would indicate non-consent. I also think conspiracy to commit murder, as well as assault with a deadly weapon would be valid charges.
If she has it, then it would be murder, right? because he lied to her, and did this to her, knowing it would kill her.


Technically speaking, she's not dead yet. Even if he did give her HIV, for all any of us know she could get hit by a bus tomorrow, and die from that. Even if she died several years from now from pneumonia the defense could argue that no one could be certain that she died as a direct result of AIDS, even if one could logically deduce that was the cause.

Sometimes in controversial cases like this the DA will charge the defendant with something that may carry a lighter sentence, but will guarantee a guilty verdict, versus an attempted murder charge (or some other charge that may seem hard to sell the jury on) where the defendant may walk.



familiar_stranger
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12 Dec 2008, 3:21 pm

serenity wrote:
ShadesOfMe wrote:
serenity wrote:
I don't know... I think it may qualify as rape. If she waited for the "test results" to consent, then I think the absence of valid test results would indicate non-consent. I also think conspiracy to commit murder, as well as assault with a deadly weapon would be valid charges.
If she has it, then it would be murder, right? because he lied to her, and did this to her, knowing it would kill her.


Technically speaking, she's not dead yet. Even if he did give her HIV, for all any of us know she could get hit by a bus tomorrow, and die from that. Even if she died several years from now from pneumonia the defense could argue that no one could be certain that she died as a direct result of AIDS, even if one could logically deduce that was the cause.

Sometimes in controversial cases like this the DA will charge the defendant with something that may carry a lighter sentence, but will guarantee a guilty verdict, versus an attempted murder charge (or some other charge that may seem hard to sell the jury on) where the defendant may walk.


the way i see it is the same as poisoning, if i injected someone with a posion that reacted slowly it would still be murder, the same as if i gave a drink to someone spiked with a drug that would kill them in time.

some may say "he didn't want to harm her, he just wanted sex" and so they wouldn't class it as horrible as it is.


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Betzalel
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14 Dec 2008, 10:21 pm

People with HIV should be sterilized or have something done to them to destroy their sexual drive. this could help cut down the spread of the disease. however then we have the needle sharing idiots as well. something should be done to keep these people from being a menace to public health. at least deal with the ones most likely to be stupid enough to spread it around.



familiar_stranger
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15 Dec 2008, 8:47 am

Betzalel wrote:
People with HIV should be sterilized or have something done to them to destroy their sexual drive. this could help cut down the spread of the disease. however then we have the needle sharing idiots as well. something should be done to keep these people from being a menace to public health. at least deal with the ones most likely to be stupid enough to spread it around.


not everyone with HIV is an injecting sexually insane predator, some are decent people who don't deserve any more punishment but i agree with the whole preservation of health issue. i think the people with HIV without conscience should have a facial tattoo warning people about them, or something along the lines of that.


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16 Dec 2008, 11:36 am

hrm I kinda like the idea of a tattoo. it does rather make the problem a lot more simple to solve. course for it to really be effective there would need to be regular testing of everyone since more than likely the ones spreading it about don't even have a clue they are infected and have never been tested.