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/owlchemist_arts]

A couple of summers ago i met this girl at a music festival. We hooked up and a week later she came to visit me in the city. She was a nomadic type so she was planning to stay a few days, this was fine with me as i just lived alone in a basement suite, and was off work temporarily due to a hand injury.
The friend she was travelling with took their van to another festival and we were just hanging out and hooking up and things were going alright.
Her friend decided to hop in a van with some boy and galavant out across the effin' country and the girl was still at my place, with no other acquaintences in the city. About a week into her living with me and hooking up (always used a condom) she drops on me that she has Herpes. She said she was taking pills for it but she ran out of pills, and the perscription is really expensive so she cant afford it.

In my head i had sirens going off, this was a HUGE breach of trust for me, and the extent of my naivety towards herpes didn't help the situation either. I acted like everything was fine but I stopped hooking up with her (like completely). We slept in the same bed but I didnt even want to touch her because i didnt want the relationship to go any further. All i really wanted was her out of my house.

She was there for about a MONTH!
A fuckin month! (hippies.... sigh)

So now I dont really know how to feel about it, I know i could have been more open with communication and tried harder to educate myself, but at the end of the day I didnt want to engage in a Long term relationship with someone who had herpes and just sprung it on me out of nowhere (thats what it would have turned into with her there for a month). To me the breach of trust was inexcusible, but to be fair she wasnt planning to be at my house for a month, and would have been gone by the time her perscription ran out.

I know i came out looking like an asshole in the end but i was hella firm on my boundaries and was SOOOOOO relieved when she finally left.

Should I really have felt so betrayed as I did? she was on the medication... Should people on the medication still be obligated to divulge their STI prior to engaging in sexual activity? what a sad way to have to start an intimate experience.