1. so that means a person can face charges EVEN IF the person they slept with was not infected? (Bearing in mind that it is proven that it was their intent to infect them?) (Also bearing in mind that we are discussing this law in the parameters of how it is written in Bahamian Law... not what we wish or think it should be)..
2. without evidence to support the contrary isn't the case at the stand still?... (i'm no law expert... just trying to see things rationally here)... but here's the scenario...
I told you I was infected you agreed to still have sex with me provided that we wear protection... You were convinced that protection would "protect" you from being infected... YOU WERE WRONG.. Your natural reaction was anger and that anger is now directed at me...
And also the "intent" (as you put it) wasn't to infect the partner by virtue of fact that they used protection each time they had sex...
Another thing is the law is ambiguous because "reasonable cause" for suspecting that someone is infected can be interpreted too broadly...IMO..
I have no problem with the law and I advocate that it excercized with impunity... but the wording of the law to me is very vague...

The law is vague because intent is sometimes easy and sometimes difficult to determine. If the intent is clear cut, then the case will be clear cut.

1. Yes, they can face charges - however, the burden of proof would be on the person bringing forth the charges, and if it is criminal I would assume that this would be the state. Again, assuming that the state is bringing forth charges, such would require a significant amount of proof. So, the fact that the infector is charged with a crime - there must be evidence or reasonable proof that a crime was committed.

2. Again, if this is a criminal case, then the argument isn't between two individuals. The victim is simply evidence for the case brought forth by the state.

I gatcha now, In my opinion, i think the crime is to not let the person know (whom the infected person is going to sleep with) that they are infected and as long as the person who is infected can prove that they were never told, the carrier may face jail time but its so tricky because unless a doctor/medical practioner comes forward and testifies against the carrier and proves that the carrier was told or was aware that they were infected, dats a serious case of one word against the other. Maybe another option is to try ones best to find out if their are any other victims in the same boat but I guess the safest thing to do is to get tested first, why is it that people are so afraid to get tested, I dont get it, if your infected, the sooner you start your treatment, the better....

There was a scenario like the one being discussed on an episode of Law & Order. The guy was going around sleeping with women knowing that he had AIDS and didnt tell the women that he had it. What nailed him was that they had a few women testify that he was going to sleep with them and he didnt tell them that he had the virus.

The law is vague because intent is sometimes easy and sometimes difficult to determine. If the intent is clear cut, then the case will be clear cut.
1. Yes, they can face charges - however, the burden of proof would be on the person bringing forth the charges, and if it is criminal I would assume that this would be the state. Again, assuming that the state is bringing forth charges, such would require a significant amount of proof. So, the fact that the infector is charged with a crime - there must be evidence or reasonable proof that a crime was committed.
2. Again, if this is a criminal case, then the argument isn't between two individuals. The victim is simply evidence for the case brought forth by the state.
1. I didn't get that from how the law is written... Interesting perspective though... definately something I'll read and discuss further..

2. I understand how criminal cases work... But what other evidence in this case can be used other than witness testimony... i.e. "accused" vs "victim" (some cases other witnesses who knew details..)

Witness testimony??

:)

...are we assuming voyeurism??

There was a scenario like the one being discussed on an episode of Law & Order. The guy was going around sleeping with women knowing that he had AIDS and didnt tell the women that he had it. What nailed him was that they had a few women testify that he was going to sleep with them and he didnt tell them that he had the virus.



I teenk I saw dat one, and I remember towards the ending the of the episode when the man was talking to one lil underage girl and the police jump in the conversation and ask the girl if she knew he was HIV+ and she gone ta talkle dat bhey and he get mad askin why da cop blocking....

Dat was a serious

I teenk I saw dat one, and I remember towards the ending the of the episode when the man was talking to one lil underage girl and the police jump in the conversation and ask the girl if she knew he was HIV+ and she gone ta talkle dat bhey and he get mad askin why da cop blocking....
Dat was a serious

If it was a black dude wit a funny eye den you know what im talking bout

I was going through the basic channels last night as I am not sure but I think I saw the most disgusting ridiculous thing ever on T.V.
There was a Police Officer's Photo up with some information in regards to the Sexual Offenders Act (or something like that).
Anyway, I started to read it and it said (please correct me and I hope that I am wrong but it said) that ANYONE WHO IS KNOWINGLY INFECTED WITH HIV/AIDS AND HAS SEX WITH SOMEONE AND DOES NOT TELL THEM THAT THEY ARE POSITIVE FOR THE VIRUS, THEY WILL ONLY GET UP TO A 5 YEAR JAIL SENTENCE.
What kind of garbage is that?
I thought the most ridiculous law in the Bahamas was the 7 year max prison sentence for a beast who would rape an innocent angel and leave her in the bushes near B.E.C. on Blue hill road fa dead but this just as bad or even worse to a certain extent because HIV/AIDS is an automatic earlier death sentence.
Off course we are all going to die but we all know that HIV/AIDS robs you of the rest of your life/dreams/goals/future (or at least most who are not strong enough like others to carry on) without any hope (and the only possible thing you can do is put your life in Gods hands).
But come on man, supposed that very same child who was raped by that beast was infected because of that piece of thrash. She cant have a family (cause from what I know, her womb had to be removed because of how badly she was destroyed), she probably wont even make it to High School or College. Her future is gone.
But that same piece of thrash who serves less than 5 years will be out to roam and infect more persons again.
What is wrong with these people who have the ability protect society?

Yes someone who has HIV/AIDS that has sex, gets a tattoo or any medical treatment that involves body fluid and they do not inform the others is way out of line. But discrimination against people with HIV/AIDS is out of hand as well.
Having HIV does change ones life forever but it is manageable. Let’s not talk about the year one has to wait to be 100% sure one is not infected after exposure. It’s a way of life you kind of get used to and I am not referring to the thought of death but in living.
I know a good bit of people living with HIV one of which is considered as family in our house.
HIV/AIDS is a big problem in prison systems around the world but especially the Caribbean especially amongst MSM.

I will put it like dis, keep him away from society to intentionally infect others and most importantly, if its a male, along wit life in prison, Castration, what he need dat for, only man in prison, plus it would prevent him from spreading it to another who is not in prison for life, one life saved is worth it in my opinion........life in prison for females but ya cyan cut off dey fingers, toes or especially dey tounge cause dey still datta talk so females is a rough one.......
pure ignorance talking here.
if someone wants to spread HIV even if they are castrated it will not stop them.
one prick of the finger and a drope of blood in someone eye and the deed is done..

Intention can be proved. If you are notified that you are HIV positive, then having unprotected sex with another is criminal.
you missed something here only if they do not inform the other person/s

Yes someone who has HIV/AIDS that has sex, gets a tattoo or any medical treatment that involves body fluid and they do not inform the others is way out of line. But discrimination against people with HIV/AIDS is out of hand as well.
Having HIV does change ones life forever but it is manageable. Let’s not talk about the year one has to wait to be 100% sure one is not infected after exposure. It’s a way of life you kind of get used to and I am not referring to the thought of death but in living.
I know a good bit of people living with HIV one of which is considered as family in our house.
HIV/AIDS is a big problem in prison systems around the world but especially the Caribbean especially amongst MSM.

You sure didn't waste time switching from the term GAY to MSM (Men who have Sex with Men). That's the dumbest term I've ever heard of. And the request to have the term changed is even dumber.

(Not calling you dumb.)

dats sad an all dat, but if dey new dey had it den dey gon out and grin den dey is a murderer.
:bouncy::bouncy:
Really!!!

Witness testimony??
:)
...are we assuming voyeurism??
hehee... LOL!!...ya never know these days...

i meant though perhaps discussions of the act of knowlingly infecting someone went on between a seperae party whose testimony may or may not be permitted in court...

Oh yeah yeah yeah dat intentional part actually slipped my mind
I say marked dem, all da ppl convicted of doing that sen um to jail then dye they hair pink/purple so eeryone cud know stay away wen dey cme out
yeah and give all the Jews yellow stars to have to wear while you are at it.

Yes someone who has HIV/AIDS that has sex, gets a tattoo or any medical treatment that involves body fluid and they do not inform the others is way out of line.

Very true

But discrimination against people with HIV/AIDS is out of hand as well.

Very true and I see people all the time with it and thats the number 1 reason why they give up. I know of a fella who is an exception who lives at the camp, still dresses up and goes to work and the company where he works for is a very rare exception because his co-workers know he has it but others are not so fortunate. The one thing I will always remember though is hearing from a few infected persons who all agree that infected persons SHOULD NOT WORK IN CERTAIN HIGH RISK AREAS, E.G. DOCTORS, COOKS, DAYCARE/SCHOOLS ETC. They said it themselves but again, anyone can get it at anytime, tatoo, dentist etc.


Having HIV does change ones life forever but it is manageable. Let’s not talk about the year one has to wait to be 100% sure one is not infected after exposure.

It could even be longer and always get more tests if you are + from other doctors, dont just take one doctors results.....along with your Arts.
It’s a way of life you kind of get used to and I am not referring to the thought of death but in living.
I know a good bit of people living with HIV one of which is considered as family in our house.
HIV/AIDS is a big problem in prison systems around the world but especially the Caribbean especially amongst MSM.


In regards to prisons, at least for men, one simple solution, CASTRATION:hammer::hammer::hammer:

Not in this life time, execuution, our PLP/FNM does not have the testicular fortitude to even dream dat.......no matter how much people the criminal kills
So you are saying that people who have unprotected sex do not knowingly accept the risk they may get HIV and that they bare no responsibility for their exposure?