In 1997, the state of Florida made it a felony for someone who is HIV positive to have sexual intercourse without telling their partner. Now…what do you think that means in a state that very specifically defines sexual intercourse only as vaginal sex between a man and a woman.
Last month, the court of appeal overturned a Bradenton woman’s conviction for exposing her female partner to HIV because the sexual acts were between two women. The law “does not apply to her actions,” the 2nd District Court of Appeal said.
The ruling applies statewide, meaning gays and lesbians cannot be convicted of hiding their HIV status from their sex partners, at least for now. Neither can anyone who only engages in sexual acts that do not fit the state’s legal definition of intercourse — “the penetration of the female sex organ by the male sex organ.”
So when Sarasota County authorities arrested an HIV-positive man this week on charges he had anal and oral sex with a 14-year-old boy, the sexual battery charge may stick, but the HIV charge will not…
This reminds me of another case, I think it was also in Florida, where it turned out a man could either not be charged by the state or not be sued by his estranged wife for adultery, because his sexual dalliance was committed with another man not another woman. In this case the oversight was, as the article notes, “…a glitch in the statute that nobody noticed before…” I can’t imagine why.
Well…yes I can. The thinking here clearly is that if we’re written out of the law then they don’t have to worry about some activist judge finding that we have these things called “rights”. So as far as the law is concerned in Florida, only heterosexuals have this thing called sex, and for that matter only when one man’s penis is entering one woman’s vagina. At some point they may also want to specify the missionary position for further clarity.