Fear of gettting tested....

[pozdanny]

There is a discussion going on at "Queerty" regarding the criminalization of HIV and how people are not getting tested for fear of prosecution. POZ voices are important in the discussion. If feel like reading it, go to:

http://www.queerty.com/first-person-why-i-refuse-to-get-tested-for-hiv-20120616/

[einathens]

i'm in favor informed decisions and honest answers. after years of not getting tested, i finally did, and learned that i am negative. now when i'm asked i can say so, instead of 'i'm not sure.'

without having rea the above article, my question is, if you get an anonymous test, how can anyone else prove what you did and didn't know, and when you did or didn't know it?

[pozdanny]

The law is very nasty in this particular sense. If you are poz and you don't have a way to prove that you notified the other individual, you are to blame by default. This laws are based on fear and the assumption that the positive individual acted in an irresponsible fashion. The Positive person has no way to defend himself.

[Hotload84]

i'm in favor informed decisions and honest answers. after years of not getting tested, i finally did, and learned that i am negative. now when i'm asked i can say so, instead of 'i'm not sure.'

without having rea the above article, my question is, if you get an anonymous test, how can anyone else prove what you did and didn't know, and when you did or didn't know it?

You're right at one level, Einathens, but I at least some of the question may come down to "If at trial, could the individual who is under scrutiny lie well enough to convince a jury he truly (a) didn't have the test, and ( didn't know, or should reasonably have known, he was poz?" A trial seldom boils down to absolute proof. More generally, to obtain a guilty verdict, the state or private party bringing suit must satisfy one of the three Legal Burdens of Proof, either the Preponderance of the Evidence test (AKA more likely than not (the 51/49% test)), the Clear and Convincing Evidence test (requiring somewhat more than the Preponderance of Evidence test, or the highest burden, the Beyond Reasonable Doubt test. The legislature that drafted the charging statute will either directly or indirectly stipulate the burden of proof. As to how a jury decides if the burden of proof has been met - well, certain trials with which we're all familiar clearly demonstrate juries can be swayed by their hatred or empathy for the defendant, more so than the facts of the case.