The seven-member Ohio Supreme Court unanimously rejected a free speech and equal protection challenge to the state’s law making it a felony assault for a person who knows he is HIV-positive to engage in “sexual conduct” with another person without disclosing his HIV-positive status to this sexual partner. State of Ohio v. Batista, 2017-Ohio-8304, 2017 WL 4838768, 2017 Ohio LEXIS 2172 (Oct. 26, 2017). The court divided 4-3, however, on the appropriate legal analysis leading … <Read More>
HIV disclosure
Florida Courts Disagree About Whether Sexual Intercourse Can Occur Without a Vagina
Is gay sex “sexual intercourse”? I’m trying to be polite here, so I’ll speak clinically. When a man takes another man’s penis in his mouth, or inserts his penis into another man’s anus, are they having “sexual intercourse”? In Florida — and many other states — this remains a serious question of criminal law, even after Lawrence v. Texas decriminalized consensual gay sex, because Florida has a statute making it a crime for somebody who … <Read More>