HIV Negative Man Charged With Felonies

- May, 23rd, 2005

An HIV negative man has been indicted in Fulton and Clayton counties on felony criminal charges for allegedly engaging in consensual sex with seven other men without a condom and without knowing his HIV status, a violation of Anthony's Laws.

Mr. Justas Irresponsible, 37, of College Park, Georgia is charged with one count of reckless conduct in Fulton County and six counts of reckless conduct in Clayton County. All seven charges are felonies and punishble by law.

Anthony, who originally began prosecution of this case after Mr. Irresponsible declined on numerous occasions to be tested at countless AIDS service organizations that offer HIV testing for free, also filed a civil suit in State Court noting that HIV positive people have suffered enough mental abuse from those who believe reduction of HIV transmission should rest with those that are HIV positive. According to Anthony's Laws, there's a "No Tolerance" policy to such discriminatory views of transmission and anyone found relying on this unhealthy way of thinking in order to absorb their own personal responsibility in protecting their status will be subject to serve many years in fear of sero-conversion and/or a life sentence to being HIV positive. And leveling the field of punishment, Anthony's Laws have implemented a potential maximum prison sentence of ten years and additional fines.

"This is ludicrous," screamed Mr. Justas Irresponsible's attorney who was having difficulty reaching Anthony or other legal representation to help settle the matter. "How can someone HIV negative be charged with such a crime? What a ridiculous law? Where are the lawyers charging this case?" Ms. Julie Clueless, who proudly has attempted to prosecute numerous HIV positive people for lack of disclosure of their HIV positive status during consensual sex, but has failed on all occasions was livid. She attempted to reach Anthony by phone, leaving countless belligerent messages. The two spoke by phone days later in which Ms. Clueless demanded the attorney's prosecuting this case to be revealed. Anthony responded simply yet emphatically, "Ms. Clueless! This is Anthony's Law, I don't need lawyers to uphold my law. It is what it is. Now be gone before you're charged. Obstruction of justice is a crime too."

According to the Clayton County indictment, Mr. Irresponsible is accused of "infrequently using condoms," "knowing his risk for HIV and intentionally avoiding to be tested," "never discussing HIV with any of his sexual partners" a punishable crime due to the casual nature of most of Mr. Irresponsible's encounters, "hiding behind Georgia Law that rest disclosure of HIV status on those who are HIV positive" and lastly, the crime most punishable under Anthony's Law - "attempting to use Georgia Law to prosecute an HIV positive individual while being guilty of any of the above offenses to the law."

In 1998, Mr. Irresponsible attempted to access the then new Georgia Law requiring an HIV positive individual to disclose his/her status during sex. Unfortunately for Mr. Irresponsible, when he attempted to file the case, he met with Police Chief Anthony who interrogated the subject with a number of questions. Did you use a condom during the encounters with this man you would like to prosecute? Did you ever discuss HIV with this guy? Or with any of the people that you have sex with? Did you know your own HIV status at the time? Do you have a history of engaging in unsafe sex practices? After this line of questioning began, Mr. Irresponsible quickly decided not to file a case.

Mr. Irresponsible's current case has been assigned to Superior Court Judge Anthony who has been known to never set a hearing date in these cases and usually implements larger fines for those who fight for a hearing or trial. "I know my law and I've become very familiar with the hypocrisy of people who like Mr. Irresponsible, want to have a gift certificate that allows themselves little to no responsibility to protecting their own HIV status."

Under Anthony's Law, it doesn't matter if the person breaking this law is HIV negative or positive. The law clearly states that each individual is responsible for their own personal HIV status and that disclosure of a history of risky behavior is just as important to disclose as an HIV positive status. The law does further detail those your HIV status should not be left up to which includes husbands, wives, perfect or imperfect mates, boyfriends, girlfriends, tricks, pieces, sessions, snacks, educators, counselors, HIV positive or negative people. Although it makes all the sense in the world that a person would be angry at someone not disclosing their HIV positive status, Anthony's Law supports that it is just as stirring to know your risk for HIV while continuing to engage in risky behavior.

In 2005, no one has the freedom of not understanding the consequences of unsafe sex practices. We live in a world where HIV transmission happens everyday. The bottom line is that it takes two people to practice unsafe sex and each individual person choosing to engage unsafely must also sign on the dotted line of being responsible for the potential consequences of their actions. The consequence may include an HIV positive sexual partner not disclosing their HIV status during consensual sex.

In most cases, HIV doens't happen to someone who doesn't allow it to happen to them.