HIV man acquitted after unprotected sex...Let the discussion begin

http://www.thelocal.se/20131029/51080

 

This is going to FORCE a discussion about HIV as a crime. 

 

He had consensual sex and NONE of the women are HIV positive!  READ that again!  So what did he do wrong? 

 

Yes, he is HIV+ and yes he had unprotected sex...just like millions of human do everyday...He is on medication and is undetectable...so what CRIME did be break and don't use the unprotected sex BS argument any more...EVERYONE has natural sex - if we didnt we would not be on the planet...Get over it...

 

Lets focus on the virus and what crime did he commit?  Each partner has a role and part to play in with whom they have sex and what type of sex...condom..no condom...whips...chains...whatever...

 

If the public health officials want to spread the "TEST and know your status" then they have to support, at least to stop "Take the TEST and not risk arrest"  That RISK is precluding your public health strategy more then many will acknowledge.

 

The HIV medical community has embraced the fact that we can control the disease if people know their status, and this strategy is panning out to be true.

 

PEP and PrEP are all over the news and communities...The question about an undetectable viral load is still a hot topic.

 

So how about the Public Health community getting on board and aggressively supporting the end of criminalization HIV The virus is not a crime.

 

Let the lawyers prove malicious intent in these cases...STOP telling putting people in jail for having sex!And lets not forget...STOP prosecuting men and women for FALSE ALLEGATIONS!!!

FEAR - STIGMA - HATRED - JAIL - walk in my shoes then talk to me

"So why, then, don't more people come out about being HIV-positive? No one is more familiar with the perils of living with HIV, in terms of everything from social stigma to draconian criminalization laws, than I am."

 

http://www.huffingtonpost.com/mark-s-king/why-arent-you-out-about-your-hiv-positive-status_b_4148586.html

 

I went to jail for 272 days because I am HIV+... they trumped up charges and a bullshit story from a sociopath Lieutenant that admitted to stealing passwords, lying to the prosecution and to investigators and to hacking into an email and website...and you say you are more familiar with criminalization laws?

 

I enjoy what you write Mark and support your advocacy 110%, but please don't tell those of us that you are more familiar with criminalization until you spend time in jail and are required to register as a sex offender for 25years to life...

 

I was open about my status to the people I love in my life and my chain of command, but the Army "believed" an admitted liar, theft and hacker...all because I am HIV+...

 

They went as far as calling physical witnesses liars and denying FACTS about the complaining witness having years of bareback sex that he admitted to...

No Physical evidence or Medical evidence was ever presented by the prosecution...

 

So you want to know why people are still afraid of telling others about their HIV status...

FEAR - STIGMA - HATRED = JAIL Those are pretty powerful reasons to stay silent and its a sad reality.

 

Its not just a gay community issue...its a HUMANITY issue...HIV knows to boundaries, but yet humans have decided to make living with HIV a potential crime...

 

HIV is NOT a CRIME the Wrongful prosecution of HIV is.

 

 

Preserving Error is a Key to Defending the Truth

Preserving Error a key to victory

"A trial is intended to be a win at the trial level. Good trial lawyers never litigate just for an appeal, but at the same time must remember to preserve error for appellate review in case."

As any true strategic thinker will tell you, you can take many if not all of the Rules of War and apply them to everyday life.

The battle in the courtroom is no different.

In this link, attorney Phil Cave, actually demonstrates the "requirement" of any good attorney to not just litigate the trial but also think strategically and prepare for the "deep fight"

Many of us in uniform, know the practise well...Sometimes it is a strategic benefit to "lose" the initial engagement or battle...The enemy will normally expose operational flaws and weaknesses for you to use later in your preparations and planning...These "insights" given to you by the enemy will allow you to ultimately "Win the War."

I may have lost the initial battle at trial, but I believe that I am in a very strong position to WIN THE WAR and regain my name and honor.

The unbelievable actions and mistakes the US Army made against me will not go unnoticed by a 3-member panel of military appellate judges.  I don't just have the hope, but I truly Believe that they like so many others who have read my record of trial, will in fact get very upset and professionally embarrassed that this case even took place...and do the right thing to preserve justice and overturn my trial decision with prejudice.

If you are facing a courts martial, it is up to you to work with your attorney's and not only prepare the "near term battle" but you MUST prepare for the "Deep Fight" to win the war.

Thank you Phil Cave for your vision and professional support of the innocent men and women in the Armed Forces.

"False Allegations" on the net...

False Allegations of sexual assault

Just click the link to see the 770,000 hits on False Allegations of Sexual Assault

How about just "false allegations" and you get the 17,400,000 hits!

False Allegations

My point, again, is that False Allegations are REAL! 

Look at the latest news from San Diego
Bob Filner Pleads Guilty

I will not stop telling the FACTS that the US Army Criminal Investigation Command unit at Fort Myer, VA did NOT complete or conduct an investigation about the false allegations made against me.
They chose not to investigate the Lieutenant making the allegations against me.
They chose not to investigate and/or validate the physical evidence fabricated about my home by the complaining witness.
They chose to ignore medical evidence
They chose to ignore published evidence from the complaining witness on the Internet about his distrust and dislike of the US Army in his "emancipation from the Army" posting on FACEBOOK
They chose to ignore the years of risky sexual activity he posted all over the Internet on multiple sex websites, and
They chose to ignore his own testimony about the number of sexual encounters he had during the same year time frame as the allegation
TNTC - To Numerous To Count

Why MG Linnginton would you accept a recommendation from your staff, when you knew the allegations were false?

How could the military judge find anyone guilty with ZERO physical or medical evidence?

HOW can you live with yourselves knowing that you destroyed a mans life/career and family?

In the end...Your actions will have caused more harm to the Army and to the Armed Forces then any false allegation against me...

I am Innocent and you know it. 

I will not stop until my name is cleared and you are held accountable for your actions.

The High Costs of Wrongful Convictions

The High Costs of Wrongful Convictions

The emotional damage cannot be quantified...

Its difficult for many to truly understand How this can happen in the United State of America.
A Nation founded on principles of Liberty and Justice for All...and yet some how we have allowed ourselves to drift away from these core principles.  Yes "we" all have allowed this to happen, and "we" can force it to change.

When basic, and expected steps in the process of mainting law and order go this far astray...we must stand up and protest with all the energy and conviction that the founding fathers did in establishing these principles.

These are not just empty words to me or my family.  I believe them and swore to defend them with my life.

When the Army I love can turn its back on the oath we all swear to uphold and NOT conduct a complete investigation, deny direct evidence related to the allegation, call witnesses liars just because they are your family and were in the house, believe an admitted liar, theft, hacker and sex addict (all admitted under oath), present no medical evidence or physical evidence that a crime occurred and find a man guilty??  Then I submit to you that there is an deeper problem at hand.

This article is just one way to spin the dollars involved in wrongful prosecutions...These malicious acts,  in the name of justice, do more harm then any perceived good to our Nation as a whole.

I AM INNOCENT

Scientist tackle HIV from unusual angles to find cure - MedCity News

Scientist tackle HIV from unusual angles to find cure - MedCity News

We can only hope that the medical science community can maintain this energy and excitement in these new approaches.

HIV is a chronic manageable disease...not a death sentence as the Army seems to believe in their wrongful prosecutions.

False allegations and ignorance are an evil combination especially in the hands of biased fear based commanders and staff judge advocates.

When there are FACTS to prove that a complaining witness has been having risky sex for years, in his own testimony and admission to the CDC and eye witnesses that it was impossible that he was ever alone with anyone in the home, then why how can you live with yourself and your decision?

HIV is not a crime...

US Army ignores its own guidance on the conduct of investigations

Legal Guidance to Commanders FM 27-1

It may have been released in 1992, but its still relevant and dare I say "Common Sense" !

If we, as an Army, take time to write regulations and guidance then it is the professional responsibility of all Commanders to adhere to that guidance.

This is a direct quote from Chapter 3 -

 

"You must ensure that all reported offenses are quickly and thoroughly investigated. You may conduct the preliminary inquiry yourself or direct someone else to do so. (See MCM, R.C.M. 303.) In serious or complex criminal cases, you should seek the help of law enforcement personnel.

When collecting information that may prove or disprove allegations of misconduct, investigators should ask three primary questions:

• Was an offense committed?

• Was the suspect involved in the offense?

• What is the character and military record of the suspect?

Investigators must always remain impartial.

"A one-sided investigation may result in an injustice to the accused and an embarrassment

to the command."  

SO I have to ask...Why didn't my Command (or so many other Commands) follow written Army Guidance? 

What was MG Linnington so afraid of , that he couldn't even have the professional courage to ensure that a thorough and complete investigation of the allegations took place?

It is now a part of my record of trial.
 
You did not conduct a complete investigation.
You did not investigate the Lieutenant making the disgusting allegations against me.
You ignored FACTS that your own SJA staff discovered about the complaining witness.
You ignored the sworn testimony of the complaining witness at the Article 32 - of his admitting to lying to CID, lying to the prosecution, stealing passwords from my home, hacking and identity theft to my email and a website, presenting false information about another person...All under Oath.

You prosecuted my because I am HIV +  that is a fact.  If I was HIV - there was no case or allegation.

If you had followed Army Guidance and conducted a true investigation, you would have found that the complaining witness is a liar and you had the FACTS to prove it, but you failed...You took the easy way out...

You chose to "CYA" and send it to a wold in judges robes...No evidence whatsoever...just a story from a liar and some how that man with the robes on said the word guilty.

I am innocent and you know it and so does the complaining witness.

I will remain unwavering in my LIFE to show the truth about the broken UCMJ process and the abortion of justice carried out by the Military District of Washington Command.

The Appellate Judges are going to see the FACTS that were hidden and disallowed by both the prosecution and the military judge.

The Appellate Judges are going to also see FACTS about the complaining witness of what he did the night before he testified at trial...better yet his family is going to see what he did and so will the world. 

I plead Not Guilty because I am NOT GUILTY.
















 

Legal ignorance about HIV - Fear and prejudice alive and well in Iowa

Iowa HIV case and the ignorance about HIV

I was on the phone with my friends at The SERO Project while monitoring the Iowa Appeals Court website this week waiting and hoping that Iowa would have shown a level of maturation in both law and humanity in its opinion involving Nick Rhoades...

Sadly they did not...the Iowa Appeals Court blindly hid behind their barbaric HIV statute and failed to recognize the valid science and facts in this case.

I am still angry and very upset for Nick, but I know he will get through this.  I hear he has been able to raise enough money to move out of the state and start a new life.

I am also really angry at some of the down right mean comments I've been reading to the coverage of this case...but I guess there will always be those closeted fear mongers sharing their stupid opinions on everything

All in all, this case confirms EXACTLY what many HIV advocates and Public Health officials have been saying for a very long time... HIV Criminalization is causing real harm to public health...

Let me explain...I spoke to a blog writer just yesterday and I asked him this question...

"What "good" comes from prosecuting a person with HIV for just being HIV + ?"

Think about the question...What does the public get from prosecuting and incarcerating a person for having HIV?

Let me expand on on my question...Unlike any other "criminal statute the element of intent is not found...Every other criminal charge in this country has to prove some element of intent.

Take Nick's case...there was no litigation that he maliciously, with intent, infected a person with HIV.

Nick's case is about not telling a person you have consensual sex with that you have a virus...
He used a condom during intercourse and there is no orgasm during oral sex.  So no exposure as defined by the worlds medical community occurred

So, the facts say that he DID NOT expose or infect anyone...but because he didn't say 3 words, "I am HIV +" he is now a convicted felon and sex offender!  Are you serious? 

Nick is still HIV +.  He is healthy and undetectable.  No person was ever harmed by Nick Rhoades.

SO what did we all get from this "successful" prosecution?


All of the science and public health data tells us that HIV today is still, for the large majority, transmitted by the unknowing, untested population around the world...

Sadly, there have been a few very sick individuals that have maliciously and with intent infected people...

Those are the people the law should go after, but NOT because of the virus, but rather for their ACT!

When are we going to stop criminalizing sex?

HIV is not the crime.

Having SEX is not a crime.

The real crime is the wrongful prosecution and waste of public resources prosecuting these cases.

I invite you to read and educate yourself on HIV at The SERO Project http://seroproject.com/

HIV is NOT a death sentence!

HIV is not death sentence

Before the introduction of antiretroviral therapy in the 1990s, an HIV diagnosis meant death within a few years. According to the Centers for Disease Control and Prevention, an estimated 1.1 million people are living with HIV in the United States, but thanks to better treatments, people with HIV are now living longer — and with a better quality of life — than ever before.
Today, a 20-year-old diagnosed with HIV can live well into his or her 70s with proper treatment. HIV is still serious; there is no effective cure or vaccine.

Not only has treatment improved, but the drugs themselves are coming with fewer side effects. This is important considering HIV patients take multiple drugs simultaneously and these drugs, after a few years, have to be alternated with other medications to keep the virus from developing a resistance. Less than 10 years ago it was common for HIV patients to run out of drug options. Today, with new developments, there is little reason the viral load cannot be managed — transitioning HIV from a fatal disease to a chronic condition when properly treated

Please take time to read the link and educate yourself on HIV

HIV does not discriminate like the humans it infects do

HIV is not a crime

HIV stigma must stop

HIV criminalization is pure discrimination