Recent cases filed in Florida court ask important questions about a seemingly straightforward sex crime law. In the majority of states, including Florida, it is considered a sex crime to have sexual intercourse with a partner if you have a sexually transmitted disease and have not disclosed this information to your sexual partner. This law seems fairly straightforward at first glance.
However, a recent case involving an HIV-positive woman who did not disclose her disease to her female partner has suddenly made the law potentially more complex. An appellate court threw out the criminal case against the HIV-positive woman, citing the rationale that the statute intends for sexual intercourse to mean a physical union between a man and a woman.