If having unprotected sex and not telling your partner you are HIVpos is assault why not shaking hands when...

Question

you have a cold or kissing someone on the mouth when you have flu? There's a case in Canada where a guy was convicted of aggravated sexual assault for doing that. Doesn't it follow logically that knowingly passing on any kind of virus should be considered some form of assault?

True you probably won't die from a cold, but influenza kills hundreds of people every year. I would say that passing on a cold is roughly equivalent to a punch in the nose. That's assault, right?

Answer 1

Because for most people a cold or flu does mean a death sentence.

However, after thinking a bit more on that...it could possibly be just that (a death sentence) for someone who's immune system is already severely compromised - should they already have AIDS or something similar or undergoing treatment for cancer which could deplete their immune system (my cousin died at 9 after contracting chicken pox when she had leukemia).

Answer 2

The issue is the extent of the risk. So if you deliberately pass on something that is known to kill almost all the people exposed, that's a lot different than passing on a cold sore. The first is criminal, the second is socially inappropriate.

Take something like yelling at a person as opposed to hitting them. Words can be extremely hurtful, but we wouldn't consider that as serious as an actual physical assault. The law makes many such distinctions.

Answer 3

Laws relating to the KNOWING and INTENTIONAL spread of HIV have been passed to selectively single out that disease. It's a way of combatting a horrible disease that is almost always fatal. The flu can be, but is not always. And it's a lot harder to spread HIV than it is the flu. So, in an effort to combat AIDS, legislatures have passed this special legislation.

Answer 4

The vast majority of people who get a cold of the flu do not die of those diseases. On the other hand, HIV is usually a death sentence.

Answer 5

you can pick up a cold or flu ANYWHERE from ANYTHING not just other people, but you actually have to be in contact with bodily fluids (sexual fluids or blood) to contract HIV. and the majority of people do not die from a cold or the flu- HIV is pretty much a death sentence. and you can wash your hands of germs, you cant wash your pee pee or vag of HIV.

Answer 6

The Canadian injustice system works in mysterious ways. It can be incredibly frustrating up here.

Answer 7

You don't die from a cold!

Answer 8

HIV is invariably lethal and is only passed via exhange of bodily fluids.

Answer 9

Police don't belong in the bedroom