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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.
Even in such cases, it can be hard to prove who transmitted the virus without genetic tests matching the accused’s HIV strain to their accuser’s.
And studies show that about half of newly infected people got the virus from those who didn’t know they had HIV.
So relying on a partner to know, let alone disclose, their HIV status is a risky proposition.
They can just wait for their partner to reveal their status and not, instead, take steps to protect themselves.” Schoettes also says that the laws unfairly single out HIV, further stigmatizing and reinforcing misconceptions about living with the virus.
“There’s no reason why we should be singling out HIV for this kind of treatment,” he said. Department of Justice has opened at least 49 investigations into alleged HIV discrimination.
The man Rhoades had sex with, 22-year-old Adam Plendl, had not contracted the virus.
Last spring, they married at a ceremony in the Bronx.
“It took me a long time to propose, because I thought I would die,” he recalled.
Nick Rhoades was clerking at a Family Video store in Waverly, Iowa, one summer afternoon in 2008 when three armed detectives appeared, escorted him to a local hospital and ordered nurses to draw his blood.
A dozen miles away, his mother and stepfather looked on as local sheriff’s deputies searched their home for drugs — not illegal drugs, but lifesaving prescription medications.
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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.