An HIV-positive gay man who was arrested after allegedly biting an assailant when defending himself from an assault has been charged using terrorism legislation in the US state of Michigan.
Reports in The Michigan Messenger and on the criminalhivtransmission blog note that the individual has been charged with assault with the intent to maim, assault to cause great bodily harm, and possession or use of a harmful device. The final charge is based upon a Michigan state law dating from 2004 which was passed in response to the September 2001 terrorist attacks on the USA.
This is the latest in a series of cases where exposure to saliva, or bites have been considered grounds for prosecution of HIV-positive individuals.
The accused had been the victim of homophobic harassment and assault for several years from his neighbours. During the latest incident, he is alleged to have bitten one of attackers on his lip whilst defending himself.
US TV network Fox News found out that the man was HIV-positive, and this formed the basis for further charges.
At a preliminary hearing in this case, the presiding judge, Linda Davis, said: “"He knew he was HIV-positive, and he bit the guy…that on its own shows intent.”
HIV exposure and transmission is criminalised in many US states as well as other countries around the world. The terrorism charge in the Michigan case shows the lengths to which the criminal law will be used in such cases.
Moreover, the use of terrorism legislation provides an indication of the extremely stigmatising attitudes that are prevalent amongst prosecutors and the judiciary towards HIV.
This point was picked up by Bebe Anderson of Lambda Legal Defence, who told the Michigan Messenger: “It’s very important to try to get in front of the judges and prosecution accurate information about HIV. I think what happens is that these prosecutions are fuelled by ignorance, then unfortunately the ignorance gets compounded because the judge makes a ruling based on fear and myths of HIV and not the actual risk posed by particular conduct.”
There has never been a case of HIV transmission involving spitting or exposure to saliva.
A handful of HIV transmissions attributable to biting have appeared in the medical literature. All involved exposure to HIV-infected blood, and crucially data from the era before antiretroviral therapy became available. The accused is taking HIV treatment and has an undetectable viral load, meaning that the risk of transmission from him, even during high risk activities during unprotected sex, is very low.
The accused lawyer will be mounting a robust defence. He is quoted by the Michigan Messenger as saying: “Ultimately, the eyes of the public will open up to the fact my client is not only not guilty, but is in fact the victim of a hate crime – a gay bashing.”