The Lollipop Man wrote:
Just get on top and mention that you've got AIDS. Make sure to use no protection.
Free rodeo!
AFAIK that (to tell someone if you are HIV+) is a Legal requirement in many countries. It is a legal obligation if you are infected, to inform the other person
before having a bonk if you are infected.positive. (Certainly it is a serious criminal offence here in Aus, up with Causing Death by dangerous driving, manslaughter and other charges related to the taking of another life)
In fact I dont even think it has to be full AIDS that one has, just to be HIV positive and have sex without informing the other person can and has led to many of those guilty of the crime to be currently serving jail sentences.
There are three categories of classification for new cases or the spread of HIV infection.
'Intentional Criminal Transmission of... ', or 'Reckless Criminal Transmission of...', and finally 'Accidental Transmission of HIV.'
FYI
Intentional is if it can be proven that the deception (of not telling the person if you are HIV+) was part of a deliberate attempt to infect that other person, either by practising unsafe sex or by sharing needles etc.
Reckless is when transmission took place as part of the pursuit of 'sexual gratification' rather than because the HIV positive person intended to give their sexual partner HIV antibodies. A person not telling the partner of their HIV status / condition (and the risks of unsafe practices on the HIV negative person), BEFORE SEX or not wanting to be safe if they are aware that they are HIV+. A person who knows they are HIV+ who does not tell the other person before sex, but practices safe sex, only for say the condom to fail through no fault of their own, or if it is a product failure, and it results in the negative person becoming infected, the already infected person is still guilty of (Reckless) Criminal Transmission of HIV, and would be up for a (slightly shorter) term behind bars than if it had been proven Intentional.
Had the infected one told the other person,
before sex / unsafe practices, of their HIV+ status, and safe sex had taken place
with consent and knowledge of the risk, and then the condom failed, resulting in an infection, then clearly no criminal act has taken place. The infected person met his or her obligations and informed the other one, who then made an informed decision to ignore the risks and potential consequences..... so It becomes a case of 'Shit Happens when you play with fire', with a non punishable Accidental Transmission tag on it.
Accidental transmission is also applicable where the already infected person is totally unaware of their HIV status, so had nothing to tell.
It is also classified as accidental if transmission of the infection was the consequence of an infected and uninfected person, prior to having sex / unsafe things, and had discussed their status re HIV infection, the risks etc, and still agreed to have sex regardless of the risk, and despite all the information having been made available, yet still the uninfected partner ends up becoming infected regardless of how it happened..
In a nutshell (so to speak)
Obligation is 100% with the infected person, who MUST inform the other person of their status if infected with HIV and the risks, BEFORE doing anything unsafe.
Passing the infection on, either intentionally or recklessly,
without prior discussion or fessing up, is a serious criminal offence with jail likely for those found guilty, whereas if Mr HIV+ had already told the other person of their status and the risks it automatically becomes a matter of Legal 'shit happens', with no legal consequences whatsoever.