The Herald reports HERE
that a woman who has HIV has been accused of attempted murder of a police officer by expectorating on the officer. (For you robed readers, that means “spitting”)
Just how will the prosecution prove intent?
1) Isn’t it very difficult to spread the HIV virus? Doesn’t there need to be an exchange of body fluids? Doesn’t the CDC say that it is almost impossible to spread the HIV virus with saliva? But let’s take it to the next level: lets say the woman threw a vial of her blood on the back of a police officer who was in uniform? As vile as the throwing of the vial may be, there is virtually no chance of contracting HIV. So how can an act that has almost no chance of succeeding be considered attempted murder?
2) Is contracting HIV a death sentence? While we do not minimize the problems associated with HIV, aren’t millions of Americans living with the disease as chronic illness as opposed to dying? Doesn't there need to be at least a proximate cause between the act and the intended consequence?
Again, we do not minimize the conduct of the woman nor do we disvalue the life and well being of the officer. We are not saying the act is not a crime.
We are saying that we do not see how the crime of attempted murder can be proved.
See You In Court.
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