Florida Supreme Court Asked to Define Sexual Intercourse

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News Release: Associated Press
February 4, 2015

TALLAHASSEE, Fla. (AP) -- The Supreme Court will consider the definition of sexual intercourse in a case involving a gay man charged with not letting a partner know he was HIV-positive.

Arguments in the case will be held Wednesday. Gary Debaun is trying to have a charge dismissed under a 1986 law designed to prevent the spread of the human immunodeficiency virus.

Lawyers for Debaun argue the law says it's illegal not to disclose an HIV infection before "sexual intercourse," but that definition only appeals to traditional sex between a man and a woman -- not two men.

A lower court judge dismissed the charge against Debaun, but an appeals court reinstated it saying the law was clearly intended to include other sexual activity where there is a risk of transmitting the virus.



 
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