I was just reading this article about a man who knew he was HIV positive and he raped a woman. Rape is horrible by itself, but I haven't really decided how I feel about the attempted murder charge on kowing HIV infected perpetrators. Voluntary manslaughter is being grouped in with murder for this topic, btw. Anyway this guy faces two charges of rape, attempted rape, kidnapping and felonious assault. The FELONIOUS assault is because he knew he had AIDS. WTF???!!
2007-11-21 02:57:22 · 14 answers · asked by colley411 4 in Politics & Government ➔ Law & Ethics
vt500, I respect your opinion, but am pretty surprised you would have the gall to say 'nobody really dies of AIDS in developed countries anymore'. Are you serious? I don't believe HIV/AIDS is the great epidemic they try and portray, but I assure you it is still very real and very deadly. They do have treatment, but they are not life saving treatments. I'd like to see your casual attitude when some sick perv sticks his parts in you and you contract HIV. Tell me then how it's not such a big deal. And btw, him knowing he had the disease, goes towards attempt... he was very willing to take that risk with her life.
2007-11-21 03:17:59 · update #1
If someone takes a bomb, gun, knife or poison and attempts to kill someone, they are charged with attempted murder. This guy deliberately rapes someone, knowing that he has a fatal contagious disease, so why should it be any different? He has given the woman a death sentence, only thing is she never knows when the bomb will explode and kill her.
In some ways, this is even worse than shooting or stabbing someone where the person has a chance of recovering if they aren't killed outright. Someone raped by anyone who is HIV positive or by someone who has AIDS has very little chance of ever overcoming it.
Fatal is fatal.
Dead is dead.
Doesn't matter how the victim got there, the suspect is still guilty.
And what is wrong with a felonious assault charge? He forced himself on someone and deliberately harmed them through physical force by using a weapon, only this time it was his penis not a gun, knife or something else. His AIDS is the deadly weapon, no different than a gun or knife or other weapon used against someone.
And his having consensual sex with someone without disclosing his health problems is cruel of him and he should be charged in the same way for not telling the person first. After all, do you REALLY think someone would have sex with him and take the chance with their life if they knew he had AIDS?
2007-11-21 06:07:15 · answer #1 · answered by KittyKat 6 · 1⤊ 0⤋
Actually, murder can't be lodged until someone has died. That's why, when a bystander is shot during a robbery, and goes into a coma, you can't charge the perp with murder.
It's even more tenuous with an HIV positive person. Just because s/he has unprotected sex with another does not mean that the other person will become HIV positive. However, the sharing of needles is the biggest HIV transmission conduct. So, do you charge both who share with crimes?
And how do you trace a death back to one specific act? Probably can't, so you have a problem with causation.
It is certainly negligent conduct. But how do you prove that someone knew they were HIV positive at the time of the sexual conduct? And if you can, can you prove that any subsequent infection is due to that one act, or could it be with an act with an entirely different person? People who engage in this kind of conduct tend to do so somewhat recklessly.
Even if one becomes HIV positive due to this kind of conduct does not mean that death follows. HIV has to develop into AIDS. At least death does not follow immediately. Oftentimes, years pass (and more years sometimes) before someone dies of AIDS. It would be extremely difficult to relate that death back to one sex act several years earlier.
Also, rapists & kidnappers can be convicted for those crimes and others.
But convicting someone of murder...I think it will really be hard.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-21 03:11:06 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
I can see why it wouldn't be attempted murder. This is because you can't prove that he was intending for them to get HIV, and then die from it. If he was giving them a disease that killed rather quickly, it would be easier to say that. I can see that him having HIV is a form of assault, and make it a felony assault charge. And a felony assault, when combined with his other crimes, and given the maximum sentence, could be just as bad as attempted murder.
2007-11-21 03:02:03 · answer #3 · answered by Take it from Toby 7 · 0⤊ 0⤋
We had a case here where the man was HIV positive and admitted having sex just so the women would get it and die, He was tried and convicted of attempted murder and got 25 years on each count(3). He had gotten the disease from a woman and wanted to get even with all women.
2007-11-21 04:04:46 · answer #4 · answered by mnwomen 7 · 1⤊ 0⤋
Definitely should be attempted murder. Knowing that you have a virus that could eventually kill the person, and raping or having sex with someone anyways without disclosing it is attempted murder. Plus the medical costs for the victim afterwards, if they can even pay it, are going to be ridiculous, they could loose everything on top of their health, husband, friends, family, and job depending on the circumstances. The least that happens to that perp is jail time? Oh I'm sad for him........NOT
2007-11-21 03:06:45 · answer #5 · answered by *Photo-op* 3 · 3⤊ 0⤋
this is not hard to question rape is not about sex but power and it seams like it has gotten out of control in this country most of the time the rapes gets a slap on the wrist and maybe a little jail time and let out to do wores you cant let your kids out to play because you worry yes he should be charged with murder because he has giving her a life sentons yes there is treatment out there but her life will never be the same mentally and yes you still can die from HIV
2007-11-21 03:32:48 · answer #6 · answered by butterfly 3 · 2⤊ 0⤋
it relatively is an exceedingly very sturdy question and that i'm pregnant no HIV yet grew to become into instructed by making use of my wellness care provider on the medical institution that in the event that they understand you have HIV they provides you with medical care so as that your unborn won't carry this sickness they gets rid of the possibilities there is yet this might desire to be achieved early on your being pregnant and your wellness care provider might desire to word you're HIV+. I dont think of this could be tried homicide.
2016-09-29 22:51:30 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I think he should be charged with attempted murder. I also think that he and other sex offenders should simply be taken outside and shot.
edit
1. no one really dies of AIDS in developed countries anymore? Then what happened to my brother? Did space aliens get him?
2. civil suit? Against whom? the HOMELESS man that raped her?
2007-11-21 03:01:43 · answer #8 · answered by sahel578 5 · 2⤊ 0⤋
Not any more. No one really dies of AIDS anymore in developed nations. Potent anti-retroviral cocktails relegate death only to those who are not responsible enough to take drugs on a schedule. So I think the felonious assault charge is OK. I also think that the victim could win a civil suit worth many millions of dollars in order to recover a lifetime of healthcare and drug costs. These drugs aren't cheap. Something like $9,000/year for the rest of your life...
2007-11-21 03:05:18 · answer #9 · answered by Anonymous · 0⤊ 2⤋
Absolutely it would be attempted murder, but don't let the MF get away that easy. Every rapest should be spade or nudered, #1. #2, he should be forced to a life sentance of pain and agony. He probably wants to die.
2007-11-21 03:03:28 · answer #10 · answered by redfeather1972 3 · 1⤊ 0⤋