Court Of Appeals Rules HIV Not Likely To Be Spread Through Unprotected Sex

In a landmark legal case that has received little attention outside the United States, the highest military court in the US recently overturned decades of rulings regarding the likelihood of spreading HIV through unprotected sex.

In late February, the U.S. Court of Appeals for the Armed Forces (CAAF) unanimously threw out a 2011 convictionagainst a US airman, Sergeant David Gutierrez of Kansas, for committing “aggravated assault” when exposing multiple sex partners to HIV at swinger parties in Wichita, reports Press Dispensary UK. According to defence attorney Kevin McDermott, the decision reversed a 25-year precedent that had allowed military personnel to be convicted of aggravated assault solely on the basis of a positive HIV test.

“The key to the decision was that the convicted airman was not accused of actually infecting anyone with HIV, only of having had sex with them after a positive HIV test, and his conviction was overturned because the US government could not prove that any of his acts were likely to transmit HIV to his partners. The second highest court in America has unanimously rubbished the myth that being found HIV positive makes someone an automatic risk to others.”

So said Joan Shenton, London-based author of the recently republished anniversary edition of the book “Positively False – Exposing the Myths around HIV and AIDS.“

Shenton continued:

“The US government was unable to prove a likelihood that an HIV person is a risk, even during unprotected sex, because there is no proof. And if the transmission of HIV is now in such doubt, the entire edifice of the infectious hypothesis for AIDS will surely come tumbling down.”

The absence of any definitive medical evidence about HIV transmission was highlighted when defense lawyers argued that the risk ranged from a 1-in-10,000 to 1-in-100,000 chance per sexual encounter, and prosecutors countered that the exposure risk was closer to 1 in 500. The court determined that even if the risk were 1 in 500, transmission of the disease was not “likely” to occur.

Clark Baker, of the Office of Medical Science and Justice (OMSJ), which was the driving force behind Sergeant Gutierrez’s appeal, said this week:

“While gratified that the highest US military court unanimously agrees that HIV does not pose the existential threat claimed by government-funded propagandists, I am sickened by the millions of innocents around the world whose lives have been destroyed by this $400 billion marketing scam to promote unreliable tests to sell deadly HIV drugs.  This ruling is long overdue.”

David Crowe, president of Rethinking AIDS, said this week:

“HIV is the only disease to be highly criminalized in the modern era. If courts truly believed in ‘beyond a reasonable doubt,’ they would not rely on tests that produce false positives that cannot be eliminated, nor on biased analyses that cannot tell the direction of transmission, but do set juries in the direction of conviction. Society talks about privacy of an HIV diagnosis, but then mandates that all HIV+ people reveal their status, unless they want to remain celibate for life while still facing the likelihood of isolation, prejudice and violence if their status becomes public.”

Dr. Christian Fiala, medical director of the Gynmed clinic in Vienna, added this week:

“This ruling confirms what is evident from all epidemiological and medical studies: there is no heterosexual transmission of HIV or any illness labelled as AIDS. This ruling also takes into consideration the fundamental problems and contradictions of the HIV test and the definition of AIDS, which has been changed several times over the last 30 years and which is very different in different countries. Even the manufacturer of the HIV test states ‘At present there is no recognized standard for establishing the presence of absence of antibodies to HIV-1 and HIV-2 in human blood.’* It is now up to other courts and governments to recognize the clear evidence and to stop terrorizing those who are labelled HIV positive.”

Joan Shenton concluded:

“For everyone who has long argued that those found HIV positive are not automatically guilty of some heinous crime if they have unprotected sex, this is one of the most significant court judgements in years, particularly as it was a unanimous verdict from the highest military court in the US. Potentially it unlocks the shackles for millions of people worldwide who have been declared HIV positive.”

Joan Shenton’s seminal book, “Positively False – Exposing the Myths around HIV and AIDS,” was first published in 1998. The thoroughly updated anniversary edition was launched at London’s Frontline Club in February, together with a new film, Positive Hell. Both are raising the temperature once more on the HIV and AIDS controversy.

What are your thoughts on the CAAF’s ruling? Do you support their decision? Share with us in the comment section below!

Source: Press Dispensary UK