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The laws “place all of the responsibility on one party: the party that’s HIV-positive,” said Scott Schoettes, a lawyer who supervises HIV litigation for Lambda Legal, a national gay-rights advocacy group.

“And they lull people who are not HIV-positive — or at least think they are not HIV-positive — into believing that they don’t have to do anything.

“Shifting the burden of HIV disclosure from the infected person, who is aware of a known danger, to one who is completely unaware of their partner’s condition smacks of a ‘blame the victim’ sort of mentality,” Jerry Vander Sanden, a prosecutor in Linn County, Iowa, wrote in an email to Pro Publica.

“It would be like telling a rape victim that they should have been more careful.” Even many people with HIV support the laws.

That’s not a surprise, because Rhoades used a condom.

And medical records show he was taking antiviral drugs that suppressed his HIV, making transmission extremely unlikely.

In a recent survey of HIV-positive people in New Jersey, 90 percent said that people with the virus bore most of the responsibility to protect their partners.

More than half approved of the kind of laws that resulted in Rhoades’ sentence.

“There’s no reason why we should be singling out HIV for this kind of treatment,” he said. Department of Justice has opened at least 49 investigations into alleged HIV discrimination.Officially, the charge, buried in Chapter 709 of the Iowa code, is “criminal transmission of HIV.” But no transmission had occurred.The man Rhoades had sex with, 22-year-old Adam Plendl, had not contracted the virus.The information contained in an offender's record does not imply listed individuals will commit a specific type of crime in the future, nor does it imply that if a future crime is committed by a listed individual what the nature of that crime may be.The TBI makes no representation as to any offender's likelihood of re-offending.




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