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  1. #1
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    Are you kidding me?

    An HIV positive homeless man rapes a woman who is sleepwalking, most likely as a result of prescription drugs she is taking, and his attorney is arguing there should be implied consent because how did the homeless man know that the woman was sleepwalking??? And I am sure she consented to unprotected sex with a diseased man as well...

    http://www.wlwt.com/news/14561039/detail.html

  2. #2
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    OMG how horrible... I hope this don't sound like a stupid question but does this mean now that the victim is going to be HIV positive as well?

  3. #3
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    She may or may not, MGS. She also won't know for sure until at least 6 months have passed.

  4. #4
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    Oh that poor girl..I just could not imagine that. First being raped by some stank loser then being dealt a death sentence.. I pray to God that somehow she made it out of this with no horrible disease.



    Quote Originally Posted by JanetElaine View Post
    She may or may not, MGS. She also won't know for sure until at least 6 months have passed.

  5. #5
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    It is possible that she's not infected... I have no statistics on hand about this, but my guess would be that this is the smaller chance though. I feel so very sorry for this woman.

    She's probably going through this right now: http://en.wikipedia.org/wiki/Post-exposure_prophylaxis

  6. #6
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    Quote Originally Posted by JanetElaine View Post
    It is possible that she's not infected... I have no statistics on hand about this, but my guess would be that this is the smaller chance though. I feel so very sorry for this woman.
    I can remember, years ago, when the AIDS scare was a really big thing. The media made it sound like everyone could contract the disease. I visited my doctor and told him that I wanted an AIDS test. He said that this thing was blown way out of proportion and that AIDS was hard to catch for the normal person. So, I hope that this young woman will not have the disease. I know that the next several months will be absolutely horrifying for her. I just cannot imagine being in her position, to not only have been raped but to also have the chance of contracting AIDS. My prayers are with her.

  7. #7
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    Assuming he meant HIV is blown out of proportion (HIV and AIDS are not the same thing, AIDS is caused by HIV but only eventually and not always, HIV will only show up eventually too at first), I would not say it is blown out of proportion though - many years have passed since then and it is now pandemic. In the US, each year there are 20,000 new HIV infections. Also in this case I don't think you can base any hope on what that doctor said even if it still is/was true - the man that raped her is HIV positive which greatly increases her chances of becoming infected. I think you made a little typo in the next sentence btw... ('I hope the next months will be horrifying for her').

  8. #8
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    No you do not definitely catch HIV from a person who is infected and there are drugs they can give you now if you are exposed to greatly reduce you risk of becoming positive. If hospital workers are exposed they are automatically put on prophylactics to prevent it from happening. She has a good chance if they found out right away he was positive.

  9. #9
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    When there was the porn star HIV cases a few years ago, I did a lot of research into HIV. I thought the porn stars would be a perfect epidemiological point to look at ease of infection - you should be able to trace every potential infection from the first case. What it seems is that it is difficult to contract HIV unless there is some sort of open wound or (this is graphic) ripping during intercourse. This is why the porn stars who perform anal or DV were more likely to contract the disease.

    Hopefully they got this lady on antivirals right away. If so, her chances are excellent to remain negative. I really feel for her. Six months is a long time to worry without an answer.

    However, they should be able to do viral PCR tests and she can know in a matter of weeks. This is what the porn stars have to do to be able to work. They must have a documented negative test every two weeks to report on set. There is a clinic in LA run by a former porn star who does these tests at a reduced rate.

  10. #10
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    Quote Originally Posted by bnhall View Post
    However, they should be able to do viral PCR tests and she can know in a matter of weeks. This is what the porn stars have to do to be able to work. They must have a documented negative test every two weeks to report on set. There is a clinic in LA run by a former porn star who does these tests at a reduced rate.
    Yes, they can test sooner than 6 months, but even if it's a negative then it could still turn into a positive during those 6 months. So to really really be sure it will still be that long.... It's going to be a very scary time for her.


  11. #11
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    Look at the rap sheet on this guy-what she really has to worry about is Hep b and C not to mention your potential basic cleanlieness issues and your common std's. 50 year old homeless man and 23 year old sleep walker outside on the ground behind White Castle...I guess the defense could be considered creative, but how about doing the guy and society a favor and putting him somewhere where he can be contained and treated.

  12. #12
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    Quote Originally Posted by JanetElaine View Post
    ... I think you made a little typo in the next sentence btw... ('I hope the next months will be horrifying for her').
    Yikes! Thanks. I did NOT mean to say that!! I'm correcting right now!!

  13. #13
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    I do not know what the CDC guidelines are now for HIV testing, but a test used to be considered 100% accurate at 90 days past possible exposure. The testing nowadays though is so sensitive, that it generally picks up antobodoes to the virus in less than 30 days.

    They can give drugs immed after exposure that can help reduce the risk of transmission but in order to be effective I think they have to be taken within 72 hours of exposure.

  14. #14
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    Quote Originally Posted by nanandjim View Post
    I can remember, years ago, when the AIDS scare was a really big thing. The media made it sound like everyone could contract the disease....
    I think your doctor just meant you can't catch HIV from casual contact.

    But unprotected sex with an HIV+ individual is very, very high-risk activity, even though, no, it doesn't automatically mean she will contract HIV.

    I believe this thread was started to discuss the legal defense of the homeless man. I don't think his lawyer's claims are automatically outrageous. Not that the woman isn't an innocent victim and entirely worthy of our compassion, but if she was sleepwalking, who knows what she may have done and whether she may have appeared to consent?

    Just because we think it's "obvious" that such a woman would not want to have sex with a homeless man doesn't mean she didn't appear willing to him.

  15. #15
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    Quote Originally Posted by Nova View Post
    I think your doctor just meant you can't catch HIV from casual contact.

    But unprotected sex with an HIV+ individual is very, very high-risk activity, even though, no, it doesn't automatically mean she will contract HIV.

    I believe this thread was started to discuss the legal defense of the homeless man. I don't think his lawyer's claims are automatically outrageous. Not that the woman isn't an innocent victim and entirely worthy of our compassion, but if she was sleepwalking, who knows what she may have done and whether she may have appeared to consent?

    Just because we think it's "obvious" that such a woman would not want to have sex with a homeless man doesn't mean she didn't appear willing to him.
    Agreed, however the police could tell she was still sleeping when they arrived.Beyond that, do you think the perp told her his status when he was obtaining her "consent?" This is the part I am even more curious about...

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