Court of Appeals rules HIV not likely to be spread through unprotected sex
March 30, 2015, London, UK. Press Dispensary. 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 judgements 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 conviction against a US airman, Sergeant David Gutierrez of Kansas, for committing "aggravated assault" when exposing multiple sex partners to HIV at swinger parties in Wichita. 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 defence lawyers argued 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:
David Crowe, president of Rethinking AIDS, said this week:
Dr Christian Fiala, medical director of the Gynmed clinic in Vienna, added this week:
"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:
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.
* See Abbott Laboratories Package Insert - http://aidswiki.net/documents/AbbottHIVEIA.pdf Page 6, under Sensitivity and Specificity.
- ends -
Notes for editors
Her independent production company Meditel Productions has won seven television awards and was the first independent company ever to win a Royal Television Society Award for an episode of Channel 4's Dispatches. It has produced eight network documentaries for Channel 4, Sky News and M-Net, South Africa on the AIDS debate. "AIDS - The Unheard Voices" won the Royal Television Society Award for Current Affairs.
Her book Positively False – Exposing the Myths around HIV and AIDS was originally published by I.B. Tauris in 1998 and is now not only reprinted but updated, including contributions from 20 leading dissident scientists and journalists, plus Peter Duesberg et al.'s withdrawn 2009 paper for Medical Hypothesis and the script of the film Positively False.
Positively False – Birth of a Heresy, a 90 minute documentary co-produced with director Andi Reiss, was nominated for best documentary at Lucerne and Marbella international film festivals.
Having conducted thousands of criminal and civil investigations since 1980 with the LAPD and as a licensed investigator, Mr. Baker founded OMSJ in 2009 after witnessing the reluctance of government agencies and research centres to investigate allegations related to medical and scientific corruption (aka junk science).
Mr. Baker has earned more than eighty commendations from local, state and federal officials.
Dr Christian Fiala
Available in paperback and Kindle from Amazon. Visit www.positivelyfalsebook.com for links.
Tel: + 44 (0) 20 7727 6301 / + 44 (0) 7957 585 515
Book site: www.positivelyfalsebook.com
Film site: www.positivehell.com http://bit.ly/HIVappeal
Images for download
Click on any image to view or download in higher resolution.