Should failure to disclose HIV or AIDS be considered rape?

Should failure to disclose HIV or AIDS be considered rape?

(Ferre' Dollar, CNN, File)


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SALT LAKE CITY — Lawmakers opted to take no action on a bill that would redefine sexual offenses to include sex without disclosure of infection with AIDS or HIV.

The House Judiciary Committee voted unanimously to hold HB369. The bill, sponsored by Rep. Justin Fawson, R-North Ogden, would consider sex or sexual contact where a person infected with HIV or AIDS failed to disclose that as nonconsensual sexual activity.

The measure would also enhance the punishment for rape by a person infected with HIV, regardless of whether the virus had been previously disclosed.

"I do think there should be an enhancement if someone is transmitting something to me or someone else sexually — via crime or nondisclosure — that is potentially life-threatening," Fawson said.

Members of the committee shared their concerns with the bill. Many agreed that Fawson's measure was attempting to solve a problem, but they found flaws in the language and the punishments described in the bill.


The question is: Should that be rape? And that is what it becomes in this bill.

–Rep. Brian Greene


"The question has been raised, 'Shouldn't this be criminal? Shouldn't an infected person having those relations with somebody else and not disclosing that be criminal?' And I think we all agree that it ought to be," said Rep. Brian Greene, R-Pleasant Grove. "The question is: Should that be rape? And that is what it becomes in this bill."

Greene said the statute was problematic and called it "poorly crafted."

"I do not think we ought to spend time helping draft the bill," said Rep. Mark Wheatley, D-Murray. "If it is not ready, we ought to move forward and continue to work on the bill."

Fawson said he's committed to the bill and vowed to continue to work on it. He also thanked the committee for their feedback and suggestions. Email: rmorgan@deseretnews.com

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