Here’s the scenario: a person who has been confirmed as HIV positive (and who lives in a developed, Western country…not in the third world) continues to have unprotected sex despite being diagnosed. He does not let his partners know ahead of time that he is HIV positive. I’m curious what you believe society’s reaction to this should be.
To add one little twist to this: there are an increasing number of HIV strains that are drug resistant.
Even as researchers creep closer to eliminating the human immunodeficiency virus (HIV) in some patients via intense multi-drug therapies and early treatment, researchers at the University of Southern California warn that the responsible treatment may give rise to new killer strains that resist drugs.
The USC study hits close to home as the Los Angeles county targets men who have sex with men (MSM) – a high-risk group for HIV/AIDS – with a so-called “test and treat” strategy. The strategy pushes for universal testing – particularly between MSM and other high-risk groups. It calls for early retroviral drug treatment in individuals who test HIV positive.
The approach has thus far lowered the death rates and decreased the number of cases.
The USC researchers dug into data on MSM infections, which account for 82 percent of total known HIV infections nationwide. Using data from the Centers for Disease Control, internal data, and knowledge of drug resistance, the researchers modeled the occurrence of drug resistant viral strains if the “test and treat” strategy was aggressively followed over the next several years.
The study suggests that the rates of multiple-drug-resistant HIV (MDR) could jump from 4.79 percent to 9.06 percent.
The CCC states:
2266 The State’s effort to contain the spread of behaviors injurious to human rights and the fundamental rules of civil coexistence corresponds to the requirement of watching over the common good. Legitimate public authority has the right and duty to inflict penalties commensurate with the gravity of the crime. the primary scope of the penalty is to redress the disorder caused by the offense. When his punishment is voluntarily accepted by the offender, it takes on the value of expiation. Moreover, punishment, in addition to preserving public order and the safety of persons, has a medicinal scope: as far as possible it should contribute to the correction of the offender.
So the questions are:
*]Should an HIV-positive person having sex with another person (without disclosing his/her HIV status) be considered a crime by society?
*]If so, what specific crime should the offender be charged with?
*]If so, what is the penalty that is commensurate with the gravity of the crime?
*]If you say prison, what should be done to protect that society (the society formed by the prison population) from having the crime committed again within that society?
Curious to hear a wide variety of responses…