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http://www.channelnewsasia.com/stories/singaporelocalnews/view/1177526/1/.html

Man gets 18 months' jail for not disclosing HIV status before sex

Channel News Asia

18 January 2012 1412 hrs

SINGAPORE: A man infected with the HIV virus was on Wednesday sentenced to 18 months' jail for failing to inform another man of his status before they had sex.

The 27-year-old former civil engineer was found guilty of one charge of contravening the Infectious Diseases Act.

He is also the first person to be sentenced under the new Act, which was amended in 2008 to increase the maximum punishment to a jail term of ten years and a S$50,000 fine.

The court was told that the two men engaged in oral and anal sex sometime in January 2009.

The offender did not inform his partner of the risk of contracting HIV from him, despite being aware of the consequences of his actions.

In his mitigation, he said he found it difficult to disclose his HIV-positive status.

He said the intention was not to harm the victim, but was one of "self-protection" as he was afraid of being "abandoned by his social circle".

He told the court his condition was under control by medication when he met the victim and that they had protected sex.

However, the prosecutor for the Ministry of Health, K Kalaithasan, called for a jail term of more than a year, saying the victim would not have engaged in sexual activity if he had known about the man's HIV status.

The court also heard that the victim is currently infected with HIV as well, although the source of the virus is not known.

In sentencing, District Judge Siva Shanmugam said the nature of the offence was "grave".

He said by failing to inform the victim for his "own selfish reasons", the offender had "endangered the safety of others".

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He said the intention was not to harm the victim, but was one of "self-protection" as he was afraid of being "abandoned by his social circle".

What kind of excuse is this? He should be charged of trying to kill another person with intention. Son of the bitch.

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This is a tragedy. It is likely that it was not a one-night stand but that the convicted person knew the other party and disclosed his status. It both were just chance encounters why would he be so stupid to say so? And it was safe sex. So, isn't that is what medical doctors are always saying... practise safe sex?

No one is saying a HIV person cannnot have sex at all. Yes the risk is still there but if he had done without protection then he should have been punished.

The victim is not that innocent either. His is now infected and probably he was had sex with more than one infected person and did not have safe sex. And I wonder why he reported this person? Before or after he found out he was found to have HIV? If before, the did he not practise safe sex after that encounter?

For the convict, his whole life is just about ruined. He spent long years to become a Civil Engineer. Forever he has to lie if he travels overseas and not disclose that he has been convicted before. And he better not try USA which will put him into jail should they find out he lied. The US authorities has a massive database and one never knows what foreign data has been entered.

For those who live in fear, research with an open mind about Urine Therapy. There are claims it can help in HIV and AIDS. You have nothing to lose to try alternative therapies.

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Guest munchkix

The news report is rather general. No specific details on how they met and how many sexual contacts they had.

If the victim himself also had sexual contacts with other strangers, and not knowing that some may have HIV,

the offender himself is also a victim. The report didn't state where the source of the virus came from, which

means to say, there are chances that the victim himself may have gotten the virus from someone else.

Isn't it? But of course, I'm not saying that the offender is right, just that he would be outcasted immediately in this

circle if people were to ever know of his case, and probably only the true friends would be there for him.

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Guest Ironrod

2 points we need to take note on this case

1) He told the court his condition was under control by medication when he met the victim and that they had protected sex.

2) The court also heard that the victim is currently infected with HIV as well, although the source of the virus is not known

By this 2 points it proves that guy just wants revenge on somebody, he don't even know if it's really that 27yo guy that infected him.

A sad case i would say.

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Many gays think with their dicks and not with their brains. e.g. people having and think its cool to have unprotected sex in saunas etc. and invited sex using phone apps. Your life will be ruined and worst, your family and loved one will get hurt the most.

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2 points we need to take note on this case 1) He told the court his condition was under control by medication when he met the victim and that they had protected sex. 2) The court also heard that the victim is currently infected with HIV as well, although the source of the virus is not known By this 2 points it proves that guy just wants revenge on somebody, he don't even know if it's really that 27yo guy that infected him. A sad case i would say.
cant trust the law in singapore. got a feeling there arent concrete evidence to charge the guy... probably he is scapegoat use to publicise this act and make a case.

the charge is for "not disclosing status before having sex" while knowing that he has HIV. it is not about infecting the other person. by his own admission, it is enough, no need to link to the other person, regardless of whether the other person is infected or not eventually.

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omg...wondering if these ppl visit sauna and fuk around. gay saunas sld be banned.

We cannot deny there are no such people going to saunas. So, if you want go sauna, play at your own risk especially in the dark maze where you cannot even see his face.

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It is likely that this guy confessed while under police interrogation. Sex is between two of them in a private apartment. That means they probably know how to contact each other. Unless the convicted person has confessed under interrogation where is the witnesses to what was said or not said?

The law is one sided. Perhaps everyone should be oblidged to ask the other party before sex (oral, anal, etc.) whether he or she has HIV or AIDS or STD. Otherwise both parties are equally responsible for failing to ask. If the infected party tells a lie he or she is quilty per the law. But then what if the infected person insist that he did disclose, who is to believe whom? This is not a rape case whereby the Court tends to believe the woman who was raped.

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1. The above ChannelNewsAsia report wrote "However, the prosecutor for the Ministry of Health, K Kalaithasan, called for a jail term of more than a year, saying the victim would not have engaged in sexual activity if he had known about the man's HIV status."

2. The charge was pressed by Ministry of Health (MOH) in the courts. It was NOT the police who prosecuted the offender.

3. My hypothesis

a. The victim was diagnose with HIV in one of the hospital/clinics.

b. In accordance to law, the doctor had to report the victim's name to MOH.

c. MOH then initiated contact-tracing of people who may have sex with the victim to ask them to go for testing too.

d. One of the victim's sex partner contact-traced was the offender.

e. MOH has a confidential register of people with HIV. MOH realised the offender had violated the Infectious Disease Act by still having sexual contact without informing the victim.

Hence MOH prosecuted him.

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I think the question is why in the first place would he appear in court when he had protected sex? What is in the mind of the "victim" for him to want to pursue this case?

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Just picture yourself in a gay sauna,

do you actually ask the person if he has the virus first before putting his dick into your mouth?

Most of us dont think twice, right?

Yes we demand a rubber for anal.. what about oral?

i read in another posting, no1 wish to do an oral with a condom and he blames it on the immune system

guess the person have to understand deeper about STD disease

i started putting on recently too after a.............

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2 points we need to take note on this case 1) He told the court his condition was under control by medication when he met the victim and that they had protected sex. 2) The court also heard that the victim is currently infected with HIV as well, although the source of the virus is not known By this 2 points it proves that guy just wants revenge on somebody, he don't even know if it's really that 27yo guy that infected him. A sad case i would say.
Intelligence quote i like.. cannot agreed more on that.. 3 cheers from me.. Edited by Friendly
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Just picture yourself in a gay sauna, do you actually ask the person if he has the virus first before putting his dick into your mouth? Most of us dont think twice, right? Yes we demand a rubber for anal.. what about oral?
This is the question that many have been asking again and again.. many have believe its all right or so they want to believe.. Some think its 1 in 4000 that you are at risk.. some use high risk and low risk way to talk about it..
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2 points we need to take note on this case 1) He told the court his condition was under control by medication when he met the victim and that they had protected sex. 2) The court also heard that the victim is currently infected with HIV as well, although the source of the virus is not known By this 2 points it proves that guy just wants revenge on somebody, he don't even know if it's really that 27yo guy that infected him. A sad case i would say.

There are some flaws in this "Under Control" argument:

What is meant by UNDER CONTROL? Under control with reference to what?

If the doctor tells him it is under control, it means the situation hasn't worsen, it won't cause more damage and it won't develop into AIDS yet. IT DOES NOT MEAN he can have sex with another person without running a HIGH RISK of infecting the person.

If he had asked the doctor "Under control means I can have sex with another without infecting him?" I am sure the doctor will disagree.

In addition, he is not a medical professional to assess his own situation and think that by having protected sex, he would not infect his partner.

If he had revealed his HIV status to his partner and the partner agreed to have protected sex, then he would not be convicted in this case.

(2) The partner now has HIV. But who knows if it was the engineer's doing. There is no way to trace. Having protected sex only lowers the risk, not eliminate it. So it could be the engineer or any other person he sex after the engineer

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Is it true that HIV+ people are routinely ostracized?

Any personal experience to share?

Whatever it is, it's unethical to hide HIV+ status from sexual partners.

It's never ok to kill for a moment of our own selfish lust.

We need tougher deterrent measures for those who knowingly endanger the lives of others. They are worse than drunk drivers who kill by accident.

But the toughest laws won't stop a heartless person from sacrificing others to gratify his own lusts. So the ultimate responsiblity for self-protection lies in our own hands.

Don't expect a stranger you barely know in a sauna to act in your best interests. Always protect yourself.

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  • 2 weeks later...

A second HIV-infected man who had oral and anal sex with a 37-year-old victim without revealing his HIV status was jailed for 18 months on Friday.

Straits Times Feb 3, 2012

By Elena Chong

The 48-year-old man, who is married, had admitted to engaging in sexual activity with the victim at the married man's home in May 2009 without letting him know the risk of contracting HIV infection and getting his voluntary agreement to accept that risk.

Last month, a 27-year-old former engineer - also HIV-infected - was jailed 18 months for sex with the same victim in January 2009.

The court heard that the older accused, diagnosed with the incurable virus in 2006, was fully aware of his HIV infection and the high risk of transmitting it to others through sexual activity.

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The same 37yo victim? With a 27 yo then a 48yo married man? That easy to find Aids infected men?

oh boy, am I glad that I always insist on no condom no honey. 37yo and still get cheated?

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The HIV-infected probably now feel that it is better to go sauna for anonymous sex so that they cannot be contact-traced and prosecuted. Otherwise, if arranging for sex elsewhere, an exchange of phone numbers is usually done, and subsequently contact-tracing can be done via the phone numbers.

Saunas might get attract more business now.

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Today's Straits Times has another article with more details about the case. The 48-year-old married man said that he could not have infected the 37-year-old, as he had been on the receiving end in that casual encounter, and it was protected sex.

But the prosecutor said that the 37-year-old was unable to confirm that a condom had been used.

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Some guys have the perception that married men are "safer", especially those who invite you to their homes, because it might be assumed that having sex at home means that they are less likely to visit saunas for casual encounters.

So those guys who prefer married men, please be careful.

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The other time i went to Keybox.....

Then I found this hot looking young dude... he's only 21.... Super fit.. Super toned... and had great looks..

I saw him being hookd up by many guys.. but 1 by 1 walked away after touching him etc etc...

Out of curiosity, I go grind,,, touch abit abit at him.. and I've managed to hook him up...

But... he told me.. he has HIV+.. that is kinda turn me off..

But i like his honesty...

I told him we'll skip sex.. and we'll just chat... and now... we're friends...

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I have a question. Sorry if i may sound silly by asking this. Im not into sex and dont really have any knowledge about that.

If a person, named A for example, is HIV+, that means he cannot have bareback with a person who are HIV- because he will spread the HIV to the HIV-

Even if A wore a condom, there is still a possibilty that he will spread the virus. So he cannot have sex with those who r HIV- at all.

A also cannot have sex with a person who is a HIV+. I read a news in yahoo long time ago that if those who HIV+ engaged in sexual activity with a HIV+ person, the virus will some sort of make it to be worse. So A cannot have sex with HIV+ too.

My question is, that means once you are HIV+, there is no way for you to have sex UNLESS you lied to your sex partner. Is it true?

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Guest Anonymous

If I am not wrong, sexual intercourse between HIV+ and HIV+ individuals are not advisable might be due to the different strains of HIV that the person might be infected with. So, there is a possibility that the HIV will be resistant to the drug that is adminstered by the doctor which makes the treatment more complicated to treat/suppress the viral infection. But whatever it is, if an individual knows about his/her HIV+ status and lied with the intention just to have sexual intercourse is definitely a NONO!! This is really horrible and it comes down to the morality of the individual.

*P.S. If I have said anything wrong with regard to HIV+ and HIV+ sexual intercourse, please do correct me. Thanks. =)

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The other time i went to Keybox.....

Then I found this hot looking young dude... he's only 21.... Super fit.. Super toned... and had great looks..

I saw him being hookd up by many guys.. but 1 by 1 walked away after touching him etc etc...

Out of curiosity, I go grind,,, touch abit abit at him.. and I've managed to hook him up...

But... he told me.. he has HIV+.. that is kinda turn me off..

But i like his honesty...

I told him we'll skip sex.. and we'll just chat... and now... we're friends...

what a pity. such a young age. but you're sweet for befriending him. must have sucked to get rejected over and over again. (no pun intended).

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The other time i went to Keybox..... Then I found this hot looking young dude... he's only 21.... Super fit.. Super toned... and had great looks.. I saw him being hookd up by many guys.. but 1 by 1 walked away after touching him etc etc... Out of curiosity, I go grind,,, touch abit abit at him.. and I've managed to hook him up... But... he told me.. he has HIV+.. that is kinda turn me off.. But i like his honesty... I told him we'll skip sex.. and we'll just chat... and now... we're friends...

It is quite sad that this guy is HIV positive. But at least you have not rejected him and become friends with him. That is really great as you did not shun him and instead accepted his friendship :thumb:

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the best is to self masturbate or have fetish play only, dont oral or anal...... fetish play can just jerk off onto the person body or uniform or boots or sneakers loh P

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It is quite sad that this guy is HIV positive. But at least you have not rejected him and become friends with him. That is really great as you did not shun him and instead accepted his friendship :thumb:

yeah... I know its damn miserable... but what to do.. best i can do is to be a friend of his.. :) he's cute though.

the only thing that is not happen is sex la.. other that that.. I'm positive about him... :)

what a pity. such a young age. but you're sweet for befriending him. must have sucked to get rejected over and over again. (no pun intended).
It is quite sad that this guy is HIV positive. But at least you have not rejected him and become friends with him. That is really great as you did not shun him and instead accepted his friendship :thumb:

yeapz... it just struck me that he says to me.. if i want to suck for him.. can.. but with condom.. if without.. the risk is there...

that sentence suddenly felt like a BIG GIANT BELL that RANG on my HEAD!!

i was like! fxxk SHIT!!! ORAL SEX ALSO GOT CHANCES OF GETTING???

OMG... from that day on, i don anyhow oral with anybody already...

RISKY....

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Guest Safe sex always
So many evil guys around! Feels apprehensive about going sauna tonight >.<

Have anonymous sex with total strangers at saunas at your own risk.

This type of responsibility-free and accountability-free sex is the most dangerous.

Anybody who believes that total strangers has our best interest at heart is utterly delusional.

Sex is safer (but not 100% safe) the better you know your sex partner. So take time to get to know that person. Better still if you and your partner can develop some kind of caring relationship. It's harder to deliberately kill someone you care about, unless that person is totally inhuman and heartless.

Best to assume your partner is HIV+ until proven otherwise.

Sex is definitely safer within the context of a loving and exclusive relationship.

Always use a condom no matter how well you know that person.

Anyone who knowingly infects others with a deadly virus is a heartless murderer and deserves the heaviest punishment. Period.

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yeah... I know its damn miserable... but what to do.. best i can do is to be a friend of his.. :) he's cute though.

the only thing that is not happen is sex la.. other that that.. I'm positive about him... :)

yeapz... it just struck me that he says to me.. if i want to suck for him.. can.. but with condom.. if without.. the risk is there...

that sentence suddenly felt like a BIG GIANT BELL that RANG on my HEAD!!

i was like! fxxk SHIT!!! ORAL SEX ALSO GOT CHANCES OF GETTING???

OMG... from that day on, i don anyhow oral with anybody already...

RISKY....

What about all the other fun things you could be doing with him that would be safe?

Mutual jack off

Frottage

Nipple play

Dildo/vibrator play

Dueling Fleshjacks or Tengas

Massage each other

Even if you don't feel comfortable with sucking him, you could still lick and kiss his body from head to toe.

You could put on strip show for him and give him a sexy lap dance

Try out some kinky play like spank him or tie him up, blind fold him and torture him by slowly milking him to orgasm.

There is a trick a few cheeky gay masseurs have used on me for the happy ending. They had me laying on my back and they were on top of me. They put my cock between their legs and then moved up and down. The sensation was very much like I was inside them. It felt so good it didn't take long for me to come and when I did the orgasm was so strong it was awesome :thumb:

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