Purpose: Health textbooks are often lacking information on legal issues concerning HIV/AIDS. However, health educators have a duty to teach accurate information on HIV/AIDS prevention and transmission. The Center for Disease Control,CDC,(2006) has extimated that 40,000 new cases of HIV/AIDs are reported each year. Approximately 1,280,000 diagnosed individuals in the USA have aids. Of women who have HIV/AIDS, 78% were infected by heterosexual contact. Among men, 81% were infected through homosexual and heterosexual contact(CDC 2006).
Legal Research Methods: Some individuals knowingly transmit the HIV virus to other people. This study investigates the legal aspects of transmitting HIV/AIDS. The study uses standard legal research methodology, including an examination of appellate court decisions, statutes, constitutions, and administrative regulations. A discussion of appellate court decisions is presented that is helpful to the health educator and to the development of school and businesses policy. State statutes are presented. Conclusiions are drawn based on statndrd legal research methodology.
Results: The results of the investigation include issues related to assault criminal felony, assault with a dangerous instrument or dangerous weapon, wanton endangerment, child molestation, attempted murder, order to protect and failure of schools to protect. For example, in Ohio a person's failure to disclose being HIV positive and then having sexual intercourse is a felonious assault. The criminal penalty is prision, two to eight years. Over one-half of the states have laws related to such criminal behavior. In Kentucky, a person is guilty of wanton endangerment if he/she wantonly engages in conduct creating a danger of death or serious injury, a criminal offense, when HIV exposure is concerned (Matthews v Commonwealth, 2001). HIV cases have involved attempted murder, (State v Haines, 1989), assault with a dangerous instrument,(State v Gongeles,2003), and sex with minor children, (State v Monk, 1999). In the U.S. military, cases litigated my involve a violation of "safe sex orders",(United States v Dumford, 1990). Increased litigation includes school cases which involve a faliure to protect children under the equal protection clause of the U. S. Constitution. The results of the present study indicate a growing body of litigation that influences health education, school policy and business policy.
Recommendations: Health education should contain information that accurately informs victims that they have legal recourse. School and business policies should be enforced to help protect children from sexual HIV positive preditors.