Should HIV non-disclosure be a crime?

[closeupready]

13. As with everything, it depends, IMO.

I believe if someone HIV- knows what HIV is and how it is transmitted, but sleeps with everyone on the first date without asking about HIV status, or goes to sex parties or clubs and still consents to engage in inserting a bare phallus (or more) in their mouth or rectum (or vagina), then it's a bit like gambling - legal activity which you know is risky, but you enjoy it, you may even enjoy taking sperm in your body and take the risk anyway. If you lose, you can't fairly blame others because you knew the risk - put that way, it seems absurd.

Consider, as an example, the guy who appeared in gay porn and later tested HIV+, but wanted to blame the porn production company because he claimed that he did not know he could do it while wearing condoms. I just can't believe that anyone can be that stupid, and even if some people are, HIV counseling is, I believe, part of the deal when you film such stuff.

Thus, I don't see the crime here, and it would be very difficult for me to convict someone.

Additionally, criminalization drives people away from getting tested, even though studies show that the mere knowledge of one's status does actually change sexual behavior. In other words, getting tested leads to adaptive behavior, whereas criminalization means people who get tested and test positive, who do not have access to regular health care, for example, believe (or know) that 1) they won't get treatment and will die just the same; and 2) run the risk of being isolated as a result of testing HIV+.

But I'm open to other arguments.