Mon. September 4, 2017
Lawyers in Ohio have challenged the state's HIV-assault law, which requires HIV-positive individuals to notify partners before sex, before the state's supreme court.
They claimed the law is based on outdated stigmas against the gay community, and noted that the survival rate is actually quite significant, according to NBC OUT.
They're representing a man withheld his HIV status from his girlfriend before they had sex. They cited free speech protections because it focuses only on disclosure, not the actual transmission of the disease.
Breaking the law could result in up to an 8-year prison sentence.
"The targeting of HIV and no other chronic illnesses reinforces the notion that HIV is a death sentence," said Raymond Faller who represents the defendant. "Which does not reflect the medical reality of HIV."
Faller added that the law discourages people from getting tested for HIV.
Prosecutors contend there is compelling state interest in discouraging exposure to and spread of an incurable disease.
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