Adult consensual sex is a basic human right. But if you are suffering a sexually transmitted disease or have human immunodeficiency virus (HIV), you could be at risk of losing your freedom, say sex crimes defense attorneys in Gainesville.
Florida Statute § 384.24 makes it unlawful to engage in sexual intercourse knowing that you have HIV or one of these STDs:
- Granuloma Inguinale
- Lymphogranuloma Venereum
- Genital Herpes Simplex
- Nongonococcal Urethritis (NGU)
- Pelvic Inflammatory Disease (PID)
- Acute Salpingitis
However, the statue may not apply in some situations. For instance, law holds that you must clearly inform your partner that you have the disease and that the disease may be communicated to him or her through sexual intercourse. If your partner consents to intercourse despite your clear warning, you have not violated the statute.
Know that if you fail to disclose an STD for which you have been diagnosed and or treated by a doctor, and police file charges or your partner files a legal complaint, your medical records can be subpoenaed – even without your being notified. If the information in your medical records is found to be relevant to arguments in the case against you, they may be entered into court as evidence and offer to the jury for inspection.
To best protect your rights in a case involving potential transmission of an STD, you will need the help of an experienced sex crimes defense attorney. Gainesville’s Law Offices of Edwards & Jones have helped many accused of such crimes clear their names and protect their families, careers and freedoms. Contact us at (352) 329-3632.