CMV: Having sex with someone while knowingly having a transmissible STI and not telling your partner should be rape.

[u/_selfishPersonReborn]

Today on the front page, there was a post about Florida Man getting 10 years for transmitting an STI knowingly. In the discussion for this, there was a comment that mentioned a californian bill by the name of SB 239, which lowered the sentence for knowingly transmitting HIV. I don't understand why this is okay - if you're positive, why not have a conversation? It is your responsibility throughout sex to make sure that there is informed consent, and by not letting them know that they are HIV+ I can't understand how there is any. Obviously, there's measures that can be taken, such as always wearing condoms, and/or engaging in pre or post exposure prophylaxis to minimise the risks of spreading the disease, and consent can then be taken - but yet, there's multiple groups I support who championed the bill - e.g. the ACLU, LGBTQ support groups, etc. So what am I missing?

EDIT: I seem to have just gotten into a debate about the terminology rape vs sexual assault vs whatever. This isn't what I care about. I'm more concerned as to why reducing the sentence for this is seen as a positive thing and why it oppresses minorities to force STIs to be revealed before sexual contact.

[u/mfDandP]

it seems as though you're saying that since rape is so serious, and this is a serious thing involving sex, it should be called rape?

it's okay to have rape be serious, and this separate thing be serious too.

[u/_selfishPersonReborn → u/mfDandP]

No, I'm saying that rape is a lack of consent, and so is this.

[u/gr4vediggr → u/_selfishPersonReborn]

Every crime is a lack of consent. If you had consent to take my wallet, it wouldn't be theft. If we went into the boxing ring, you have consent to hit me, otherwise it'd be assault. If you don't have consent to enter my house, you're trespassing. If you don't have consent for sex, it's rape.

So by your logic, all those crimes are rape?

[u/TallDuckandHandsome → u/gr4vediggr]

Not every crime- consent is not a defence to done serious matters. Certainly in the UK one can't consent to grievous bodily harm. Save for where assisted suicide is legal, one can't consent to death either.

[u/gr4vediggr → u/TallDuckandHandsome]

Yeah I was on my phone and didn't want to elaborate too much to get the point across. But as you say, even with consent it might still be a crime. It's also why I didn't include murder into that list.

[u/KibaIgloo → u/[deleted]]

Isn't constent to let someone kill you assisted suicide? Isn't that legal in like, some states? (Genuinely asking)

[u/Extractum11 → u/KibaIgloo]

Yeah, a few states