Florida law makes it a crime for a person with HIV to knowingly have sex with another person without telling their partner about the infection. The defendant, who is HIV positive, allegedly forged a lab report to indicate that he was not infected with the disease. He showed the forged report to another man with whom he was in a relationship before the men engaged in oral and anal intercourse, according to the court.
That court reached the same conclusion. On appeal, however, the Third District in Miami disagreed. The differing decisions left it up for the state Supreme Court to weigh in. The Court, in a decision by Justice Charles Canady, said the defendant broke the law by engaging in oral and anal sex without telling his partner that he is HIV positive. He noted that various dictionaries defined the term as including a wide range of sexual activity. He also noted that HIV can be transmitted via oral and anal intercourse and that anal intercourse presents the greatest risk of infection.
If you or a loved one has been charged with a sex crime in Florida, it is essential that you seek the advice and counsel of an experienced lawyer. Petersburg sex crime attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at or contact us online to speak with Mr. Hanlon about your case. Petersburg Criminal Lawyer Blog. As a result, the Court said the defendant should be convicted.
