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News, information, and commentary by The Center for HIV Law and Policy.
Mark Joseph Stern
"The revised Iowa law may have removed the bizarrely harsh, unscientific penalty that Rhoades initially faced, which slapped him with a 25-year prison sentence for theoretically exposing a partner to HIV without actually transmitting the virus. But an HIV-positive person who knows he’s positive and transmits the virus to a partner “with reckless disregard” still faces five years in prison. And an HIV-positive who exposes the virus to a partner—without actually transmitting it—could still be sent to prison for a full year."
"In reversing Rhoades’ conviction and sending the case back to the trial court, the court specifically recognized that court rulings involving HIV must be rooted in demonstrated fact, not outdated assumptions about an individual’s ability, let alone intention, to transmit HIV." - CHLP
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