Escorts, Adult Models and AIDS.

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Originally Posted by Dasnasdi

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Originally Posted by "seanchai

Actually it's you that's the idiot if you genuinely believe and expect that.seanchai

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I'd say the idiots are those who think that using protection makes them safe, and that an infected sex partner is therefore relieved of the moral and legal responsibility of informing them.

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Deep breath...
... well using protection is certainly going to make it much much safER and yes those who delibrately spread HIV obviously I have issues against but that still doesn't absolve your responsibility and you'd be the IDIOT for thinking that every sex worker comes from the same moral background that you do.

I don't think there is a legal precendent for somebody having safe sex (condom sex) who has HIV being arrested. It would be someone who knowingly has the virus and then tries to spread it by unsafe sex.
seanchai

When do I get MY turn to be the idiot?

[quote="d"]wow...some of u guys expect escorts who lie about everything else in their lives (from cock size to their names to their nationalities) to be honest and upfront about their hiv status? haha good luck with that......u guys are darwin award winners and dont even know it...play safe or dont play at all....[/quote]Thanks D. That really sums it all up. Its almost laughable that you guys expect escorts who are as dishonest as they come, to become honor scouts about their hiv status. That nationality lie is so funny. I've seen so many escorts say that they're brazilian and know for a fact that they are hood rat african-american. Hilarious. All for the dollar bill. All you can do is protect yourself or stop seeing escorts.

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Originally Posted by Dasnasdi

I expect a prostitute, if she discovers she is HIV positive, to stop working as a prostitute. If not out of common decency, then out of fear of felony charges and prison time if that next john turns out to be a cop.

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lol...yes because prostitutes are law abiding citizens who never ever ever break the law, oh wait only when they're prostituting. but yes, other than having sex for money they otherwise keep their noses clean and never fall on the wrong side of the law because of fear of felony charges...keep looking for that escort with the heart of gold and the common decency...i'm sure next time you're with her, pay for an hour and nut in 10 minutes, she'll give you back the change due for the 50 minutes you didnt use, u know "because of common decency"

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Originally Posted by seanchai

I don't think there is a legal precendent for somebody having safe sex (condom sex) who has HIV being arrested. It would be someone who knowingly has the virus and then tries to spread it by unsafe sex.
seanchai

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Actually seanchai, it is a felony for a person who knows that they have HIV to not inform their partner, regardless of if you plan on having safe sex or not.

It is refered to as "Willful Exposure", look it up.

One thing to note is that the law Differs from state to state. For instance in california if you wear a condom you can not actually be prosicuted, but in many other states you can. Also there is a federal law that is being discussed. And there have ben several cases of attempted murder that have made it through the courts regardless of specific "Willful Exposure" laws.

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Originally Posted by sbcroix

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Originally Posted by seanchai

I don't think there is a legal precendent for somebody having safe sex (condom sex) who has HIV being arrested. It would be someone who knowingly has the virus and then tries to spread it by unsafe sex.
seanchai

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Actually seanchai, it is a felony for a person who knows that they have HIV to not inform their partner, regardless of if you plan on having safe sex or not.

It is refered to as "Willful Exposure", look it up.

One thing to note is that the law Differs from state to state. For instance in california if you wear a condom you can not actually be prosicuted, but in many other states you can. Also there is a federal law that is being discussed. And there have ben several cases of attempted murder that have made it through the courts regardless of specific "Willful Exposure" laws.

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Thanks I was unaware of that but I'll take your word for it. However, how can it be a felony for someone not to tell their partnet yet in CA you cannot be prosecuted if you wear a condom? This would appear to be at odds?
seanchai

This comes from an article on California's law BUT it was written in May 2000.

As has been indicated, someone would need to do some proper research on this to come up with a definitive answer on the current legal position.


"If you are HIV-positive, dating and sex always involve the sticky questions of if, when, and how to disclose your HIV-status. Should you do it before you have sex? During the first date? Only if asked? Only if it becomes "serious"?
For each individual, the answers to these questions evolve from a blend of ethical, personal and practical considerations. People living with HIV have strongly advocated every position from "when you first meet" to "never."

At the point when you decide to have sex, however, the disclosure question is no longer solely up to you and your conscience. At that point, your decisions may have legal ramifications. Failing to disclose your HIV status to your partner may make you vulnerable to criminal prosecution or to being sued by your sexual partner.

Criminal convictions for exposing another person to HIV through sex are rare. Since the beginning of the AIDS epidemic, more than 300 people have been criminally prosecuted for exposing another person to HIV. Only a fraction of these cases involve exposure through consensual sex. (The others involve activities such as biting, scratching and spitting, or violent sex crimes such as rape or forcible sodomy.)

Of the cases involving sex, most have been brought against female prostitutes (and not their male customers) or by military prosecutors against military personnel. Less than one-sixth of these cases have resulted in convictions, and more than half of the convictions have been against military personnel.

While most of these prosecutions have proceeded under general criminal laws such as attempted murder, aggravated assault with a deadly weapon, attempted manslaughter and manslaughter, a number of states have passed specific statutes that make it a crime for a person to expose another to HIV through sexual activity.




California's "Willful Exposure" Law
The law makes it a felony punishable by up to eight years of imprisonment for an HIV-positive person to "willfully expose" another person to HIV through unprotected sex.
The law is narrowly drafted, however, so that it only applies to individuals who intend to infect others with HIV through sex. It is designed to prosecute cases like one in New York, where one man infected more than a dozen young women, not to police every sexual encounter engaged in by people living with HIV.

To be prosecuted under the law, you would have to do all of the following:

Have anal or vaginal sex. You cannot be prosecuted for oral sex. As to anal and vaginal sex, the law applies equally to men and women; tops and bottoms. The law punishes exposing someone to HIV through these types of sex. Your sexual partner does not have to actually become infected.

Know that you are HIV-positive. You cannot be prosecuted for sex that you had before you knew that you were HIV-positive.

Fail to disclose your HIV status. If you disclose before insertion, you cannot be prosecuted.

Fail to use a condom. Even if you do not disclose, you cannot be prosecuted unless you have "unprotected sex." The law defines "unprotected sex" as failing to use a condom. This means that every inserting penis has to be covered. Even if you are on the receiving end, you have a legal obligation to make sure that your partner wears a condom.

Have the "specific intent" to infect the other person. Most likely, this element will prevent the statute from being used to harass people living with HIV. To be prosecuted, you have to engage in the sexual activity with the specific intention of infecting the other person with HIV. Just knowing that you had HIV when you had sex will not be enough. The law explicitly states that: "Evidence that the person had knowledge of his or her HIV-positive status, without additional evidence, shall not be sufficient to prove specific intent."
Because of this specific-intent requirement, the law is narrowed in scope to only cover individuals who want to infect other people, and who are probably expressing that desire. If you slip up one time, it's unlikely that you will be prosecuted. However, the best way to stay clear of this law, and other legal liabilities, is to always disclose your status and/or practice safer sex. "

So my original point stands - if you're wearing a condom you cannot be prosecuted for "Willful exposure".
So any prostitute who has HIV as long as they wear a condom for penetrative sex is legally in the clear.
seanchai

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Originally Posted by seanchai

So any prostitute who has HIV as long as they wear a condom for penetrative sex is legally in the clear.
seanchai

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But is still wrong.

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Originally Posted by TFan

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Originally Posted by seanchai

So any prostitute who has HIV as long as they wear a condom for penetrative sex is legally in the clear.
seanchai

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But is still wrong.

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No, not really. It's about informing your partners, that's all. I know a girl who's HIV positive, escorts, and is very upfront with her partners about her status.

And, seanchai, I didn't see the threads you referred to, but, if anything, safe sex, protection, and being open and honest (not ashamed) of HIV should be one of the main topics on this board.

And it's not just looking out for ourselves. It's looking out for the entire TG community. And, in the process, the entire population.

I think ACT UP said it best:

Silence = Death

Also, I'm so sorry for your loss. I had met Lisa a few times around town. Once, we shared a long train ride and we talked about you, actually. I've never met you, but she had nothing but the best things to say.