Member Directory
Member Directory

HIV Disclosure Law Sparks Unique Legal Battle in Florida

person holding a tablet with the national trial lawyers news webpage on the screen

Miami Herald; November 18, 2013

In Florida, and almost three dozen other states, it is a crime to have intercourse without disclosing a sexually transmitted disease.

So prosecutors thought they had a solid case when they charged a Manatee County woman who failed to tell her female partner that she was HIV-positive. A Tampa appeals court, however, threw out the case, ruling that “sexual intercourse” could take place only with a penis and a vagina — in other words, between a man and a woman.

But last month, a South Florida appeals court issued a conflicting opinion, upholding charges against a Key West man whom police had accused of lying about being HIV-positive to his male partner. The ruling more broadly defined intercourse, finding that it did not require opposite genders or specific body parts.

Contact Us Today

Read More Legal News

The National Trial Lawyers White Logo for Footer
© Copyright 2022, All Rights Reserved | National Trial Lawyers
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram