New California Bill Could Make Hiding Your HIV Status From Sexual Partners A Misdemeanor
If you were about to enter into an intimate, physical relationship with someone, would you want to know if they carried a potentially deadly disease? How would you feel if you contracted HIV or AIDS from someone who hid their status from you?
In California, doing so is a crime—a felony that could earn you up to seven years in prison. However, a proposed measure spearheaded by Sen. Scott Wiener (D-San Francisco) could change all of that. Instead of a felony conviction, a new California bill will make it a misdemeanor for hiding your HIV status.
Wiener says that the new law would encourage people to be more transparent as opposed to hiding in shame. "When you criminalize HIV or stigmatize people who have HIV, it encourages people not to get tested, to stay in the shadows, not to be open about their status, not to seek treatment," he said.
The scope won't be limited to just sexual relationships though. The felony penalty would also be reduced to a misdemeanor for people who donate blood or semen without disclosing their statuses in advance.
California Assemblyman Todd Gloria (D-San Diego) believes that the current law discriminates against those who live with HIV. Because of recent medical advances in the treatment of HIV, a diagnosis no longer means that one is always contagious or faces imminent death.
But, here's the kicker. The California Department of Health reported that the monthly costs of treating HIV range from $2,000 to $5,000. "With the life expectancy for HIV patients increasing, the lifetime cost of treatment in today's terms is estimated at more than a half-million dollars," they reported. That's hefty. The question here is whether or not people will be able to afford and have access to the treatment regimen with the looming changes in healthcare established under the Affordable Care Act.
There are many a person opposing this measure on moral grounds. Sen. Joel Anderson (R-San Diego) believes that the fact that people can live with HIV longer than in previous years is no reason to give reckless, selfish, and sadistic people a pass. Their victims will be faced with their own mortality and will have to foot hefty medical bills too. "Because they are so disrespectful of the people they are willing to engage in a sexual act with and risk their life, that's the reason why they need to go to prison. They can't be trusted in society as a responsible person," Anderson said.
Look. Lawmakers can do what they will, but until access to healthcare is available to all Americans, reducing this crime from a felony to a misdemeanor could make matters worse. On another note, contracting a deadly disease is a helluva price to pay because someone wanted to enjoy sex while avoiding a stigma. What do you think? Is there a way to protect everyone's rights here?
