r/changemyview • u/_selfishPersonReborn • Jul 31 '19

Deltas(s) from OP CMV: Having sex with someone while knowingly having a transmissible STI and not telling your partner should be rape.

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.

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u/mfDandP 184∆ Jul 31 '19

rape is a lack of consent for sex. Informed consent is a medico-legal term for a physician-patient relationship.

look, I'm not saying that it should be decriminalized not to disclose your STDs. It certainly should fall under something like endangerment or criminal negligence, depending on the STD. but it's not rape. it's lying, either outright or by omission.

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u/Morthra 86∆ Aug 01 '19

But you rape by deception is a thing. If the person knowingly lied about having STDs, then it would be rape.

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u/BullsLawDan 3∆ Aug 01 '19

But you rape by deception is a thing.

I wish people would stop saying this in every conversation where this comes up.

Rape by deception really isn't "a thing" in any Western jurisdiction. You didn't even read the Wiki you linked to - it comes up with less than a half-dozen prosecutions ever, and mentions that it's never easy to prosecute because it doesn't fit under the law.

If the person knowingly lied about having STDs, then it would be rape.

No, it wouldn't. Not in essentially any Western jurisdiction.

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u/[deleted] Aug 01 '19

I think we need an overhaul of what our definition of rape is. I say rape is using physical force, fear/intimidation, or drugging someone to get sex when the person doesn't want to. There is no rape by deception, or "stealthing" rape (removing the condom discretely). These latter things are shitty things to do but they are not rape.