Editor's
Note: The following appeard in the Monday, April 12, 2010 issue of The Lexington
Herald Leader newspaper.
Fla.
Case Puts HIV Laws in Spotlight
Olympic
Rider Facing Felony Charge
By Katie Thomas
New
York Times News Service
In
Ocala, the heart of Florida's horse country, equestrian rider Darren Chiacchia
is a boldface name.
Chiacchai is an Olympic bronze medalist who gained
national attention in 2008 when he was thrown from his horse in an accident that
put him in a coma and led to a heated debate about the safety of his sport. He
jokes that he is Olcala's second-most-famous resident behind John Travolta.
In
late January, however, Chiacchia made headlines of a different sort. He was arrested
by the Marion County Sheriff's office after a former sexual partner accused Chiacchia
of exposing him to HIV, the virus that causes AIDS.
Chiacchia,
who pleaded not guilty in February, faces up to 30 years in prison under a Florida
law passed in 1997 that makes it a felony for people with HIV to have sexual intercourse
without informing their partners of their condition. His trial is scheduled to
begin in June, his lawyer said.
Florida
is one of at least 32 states nationwide that have criminal statutes specific to
HIV, many of which date to the height of the AIDS epidemic in the 1980's and 1990's.
As the science and treatment of HIV and AIDS have changed considerably in the
ensuing decades, fear of infection has subsided. However, the laws remain on the
books, and prosecutors continue to enforce them.
In Pennsylvania and Louisiana,
people with HIV can be sentenced to as much as 10 years in prison for spitting
at or biting another person, even though scientists have long concluded that transmitting
the virus through saliva is virtually impossible. In Missouri, people can be sentenced
to life in prison if they infect others without their knowledge.
Although
many of the laws were created in the wake of highly publicized cases in which
people exposed dozens of sexual partners, the statutes make little distinction
between such extreme situations and more nuanced recent cases like Ciuacchia's
which involved a consensual relationship.
Advocates for people with HIV
and AIDS argue that criminal laws cause more harm in that they discourage people
from being tested. But those who support the laws say they are necessary to punish
people whose reckless behavior puts others at risk.
"Failing
to inform somebody can put their life at risk," said Timothy McCourt, the
assistant state attorney in Chiacchia's case. "And I think in a real sense,
you're playing Russian roulette with another person's life." Chiacchia's
lawyer, Baron Coleman, said the law under which Chiacchia is being charged is
unfair because criminal acts can be prosecuted under more generic laws. "If
you're trying to kill somebody, there are statutes to protect against that,"
Coleman said.
James Subjack, a former district attorney in upstate New
York, disagreed. Subjack was the prosecuter in the case of Nushawn Williams, accused
in 1997 of infecting more than a dozen women with HIV. Subjack said the absence
of such laws in New York hampered his prosecution of Williams who pleaded guilty
to four felonies.