Email Us
The Trial Lawyer Magazine Logo
SUBSCRIBE

HIV Disclosure Law Sparks Unique Legal Battle in Florida
HIV Disclosure Law Sparks Unique Legal Battle in Florida

Miami Herald; November 18, 2013

In Florida, and almost three dozen other states, it is a crime to have intercourse without disclosing a sexually transmitted disease.

So prosecutors thought they had a solid case when they charged a Manatee County woman who failed to tell her female partner that she was HIV-positive. A Tampa appeals court, however, threw out the case, ruling that “sexual intercourse” could take place only with a penis and a vagina — in other words, between a man and a woman.

But last month, a South Florida appeals court issued a conflicting opinion, upholding charges against a Key West man whom police had accused of lying about being HIV-positive to his male partner. The ruling more broadly defined intercourse, finding that it did not require opposite genders or specific body parts.

Generic selectors
Exact matches only
Search in title
Search in content
The Trial Lawyer Magazine Logo
chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram