Academic journal article Columbia Journal of Gender and Law

Sexuality's Law

Academic journal article Columbia Journal of Gender and Law

Sexuality's Law

Article excerpt


This Appendix is a compilation of a variety of mainly domestic United States sources that involve actual or possible, if sometimes negligible or purely hypothetical, or even nonexistent, risk of exposure to or transmission of HIV, chiefly in cases involving male-male sex. The materials here do not purport to be exhaustive. Beyond substantiating a point made in the text, they are reproduced here to serve as an aid for research. Information about some very helpful resources collecting similar information, sometimes on an ongoing basis, is found infra on pages 250-52.

Male-male cases some of which (may) include only a men include:

* Commonwealth v. Garvin, 50 A.3d 694, 695 (Pa. Super. Ct. 2012) (affirming conviction of David Garvin for, inter alia, felony prostitution by "person who ... knew that he or she was ... [HIV] positive," after Garvin attempted to solicit undercover Office Joseph Ferrero (quoting 18 Pa. C.S.A. [section] 5902(a)(1))).

* People v. Dora, No. 297784, 2011 WL 4862440, at *4 (Mich. Ct. App. Oct. 13, 2011) (dismissing Dorn's ineffective assistance of counsel claim, which claimed it was an error for his attorney to fail to construct a defense around his HIV-status).

* Rhoades v. State, No. PCCV112123, at "3, 10 (Iowa Dist. Ct. Dec. 23, 2011) (denying Rhoades' application for post-conviction relief brought on grounds of ineffective assistance of counsel; affirming original sentence of up to 25 years in state prison, which was suspended and Rhoades placed on probation for five years and a five-year no contact order) (on file with author).

** Mary Stegmeir, HIV Case Brings 25-Year Sentence, WCFCOURIER.COM, May 3, 2009, (noting that Nick Clayton Rhoades received a 25-year sentence, "a five-year no-contact order with the victim," must "register as a sex offender and undergo a sex offender treatment program, will have lifetime parole and was ordered to pay court costs and restitution" for having "fail[ed] to disclose his HIV status prior to having sex with a Cedar Falls man").

** Nick Rhoades Appeals Criminal Charge, KSDK.COM, Nov. 30, 2012, (discussing case of Nick Rhoades as a case of a "young man in Iowa [who] knew his HIV status, but didn't reveal he was HIV positive to his sexual partner," and that "[a]fter a one-time encounter, Nick Rhoades found himself charged with criminal transmission of HIV because of his silence"; '"I actually was not guilty of what I pleaded guilty to...,' said Rhoades.").

* State v. Kinder, No. 94722, 2011 WL 826284, at *1 (Ohio Ct. App. Mar. 10, 2011) (affirming Kinder's convictions arising "from Kinder having consensual sexual relations with three men without informing them that he was HIV positive").

* State v. Gamble, 945 N.E.2d 1135, 1139 (Ohio Ct. App. 2010) (affirming conviction for engaging in sexual conduct, here: engaging in sexual conduct with "knowledge that [defendant] had been diagnosed as HIV-positive").

* Clayton v. Curtin, No. 05-71943, 2010 WL 5439729, at *2 (E.D. Mich. Dec. 28, 2010) (habeas petition involving conviction for male-male "sexual penetration by an HIV-infected person with an uninformed partner").

** People v. Clayton, No. 230328, 2002 WL 31058331 (Mich. Ct. App. Sept. 13, 2002) (underlying criminal case).

* State v. Eversole, 912 N.E.2d 643, 645 (Ohio Ct. App. 2009) (affirming Eversole violated terms of judicial release because he, as "a carrier of HIV/AIDS," engaged "in sexual conduct with [Hutchins, a man], ... without prior approval of the court as to such said individual" (internal quotation marks omitted); facts also point to cross-sex relations in the background of the case).

** State v. Eversole, 912 N.E.2d 643,648--49 (Ohio Ct. App. 2009) (Donovan, J. …

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