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Many years ago, if you had leprosy you were not considered a criminal, however you were expelled from the city. Now HIV has come along but it is not practical to expel people from cities anymore. These people cannot be called criminals, but it most definitely must be a crime to have sexual intercourse or share ones needles with someone who is not HIV positive. There have been a number of cases where men or woman have deliberately had intercourse with someone else with the intention of spreading the virus. It is not uncommon for a man to rape a woman and when he is finished, to happily tell her that he is HIV positive.
There was a recent case in South Africa where a family were held hostage for an entire weekend. The wife and two daughters were repeatedly gang raped in that time. On the Sunday, just before leaving the gang was only too happy to tell them that they were all HIV positive. This is a criminal act, however the HIV is not. There are a few ways of spreading the HIV virus without having sexual intercourse or sharing needles. I am currently taking anti-retroviral medication, not because I have had sexual intercourse or shared an infected needle. I am happily married and I don't do drugs. I have to wait another 3 months to find out if I am HIV positive or not.
How did I land myself in this situation, simple, I got out of bed at 4:30 in the morning on Wednesday 2nd July 2008 to investigate a noise in our house. I was attacked from behind by a male who wrapped a rope around my throat and started to strangle me. In the ensuing struggle, I hit him in the mouth a few times before being rendered unconscious. In doing so, I not only caused his mouth to bleed, I also cut my hand open on his teeth, spreading both our blood over my hand. I was fortunate that my wife awoke and called out for me, this scared the attacker off saving my life. The matter was reported to the police and all the investigations started etc. It was only on Saturday morning 5th July 2008 whilst sitting in my office on the farm that I realized my hand was sore and swollen. Then it struck me like a sledge hammer, I suddenly felt sick on my stomach. Was the man that attacked me HIV positive, did I pick up the virus from his blood in my wound. HIV infects 1 out of 6 people in the province where I live.
I called the local hospital and explained the situation, I was advised to seek immediate medical attention and to have an HIV test. I drove to the hospital, this was the longest 120km trip I have ever done. I waited 2 hours to see the doctor who explained that it was best to have the test, however this would be negative and that I would have to take medication for 3 months and then have another test and again 3 months after that. A long story short, I am now taking anti-retroviral drugs. These make me nauseous, tired, they give me headaches and has completely destroyed my appetite. Now my wife and I are too afraid to have sex, if we do, will I infect her if I have been infected. If I have been infected, how long before I am too sick to support my family and will we enjoy the same happy life we have had for the past 27 years.
Based on this, YES HIV should be controlled by the law. The innocent victims of HIV should be held accountable should they willingly have sexual intercourse or share needles with others. All HIV positive people should be compelled by law to wear some sort of bracelet or identifying jewelry indicating that they are HIV positive. People have to accept that there is no stigma attached to having HIV, it is a serious decease, it does not matter how one gets infected, and so long as infected people continue to be careless, millions more will become infected and die.
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by Kirk Olivier
Many years ago, if you had leprosy you were not considered a criminal, however you were expelled from the city. Now H... read more
First and foremost, I have to clarify something for the record before this gets out of hand. That being said, you ca... read more
by James Gough
As passing HIV-AIDS has now become a criminal charge,i believe this will have a negative impact on HIV-AIDS & testing... read more
I am a little puzzled by the title of these articles. The "proper role" of criminal law should be to deter criminal b... read more
by Oyin Bassir
In most climes there have been reported cases of people living with HIV/AIDS(PLAWHA), knowingly having unprotected se... read more
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The proper role of criminal law in checking the spread of AIDS
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