Should Spreading an Std be a Crime – No

Coming from a historical view, back in the “old days,” fornication was the word used for unmarried sexual relations. Morality and sex is not the issue at hand, but the spread of STDs or sexually transmitted diseases. It can be argued that if you are sexually promiscuous, then you are playing with fire in this day and age.

Random sexual encounters often result in STDs. Any adults involved in the world of promiscuity or sex with multiple partners are well aware of the STD risks. If they are not, then one could venture to say they lack enough intelligence to even be having sex. No one is stopping you or your sex partner from getting an STD test. Whether your sex was a mistake in the heat of passion or a purposeful random encounter, you know the risks and free STD tests are available to you at any time.

In modern times, sex is often considered “freedom” to many feminist women, and also as part of the “players game” to men. There are no gender favorites here, and men are, in general, the ones who seduce promiscuous women or seek out sex with prostitutes. However, the women’s movement sought to empower single woman by declaring sex to be some sort of freedom to make them equal to men. The show Sex and the City is a prime example. The era of hippies is the biggest real life example. The 1960s are gone, people.

Obviously the craving for sex is genetic. Without sex, we would not have a survival of the species. A man and woman must have sex and successfully fertilize an ovum to create a new human being. In the United States, there are currently no laws regarding sex between two consenting adults of the opposite sexes.

Some states still have sodomy laws against homosexuality, but none of them are ever enforced. In essence, two or more adults, with consent, can have sex with whomever, whenever, and however they want. There are no restrictions, other than bestiality. There are also no laws specifically targeting those who spread STDs.

There have been a few cases where someone with HIV purposely went out and had sex with others to spread the disease and were charged with assault. Honestly though, if no rape occurred, and it was consensual, then knowing the risks and options of STD testing, you can only see this as harsh lesson on failure to be careful sexually or a reason to be monogamous.

The question is not whether spreading an STD is a crime, but whether both parties involved knew the risks. If you place an ad on Craigslist to have a casual encounter, then you know your partner may have an STD. That is a flip of the coin. Those who participate in casual sex know what they are getting into.

Unless there is some form of rape, prosecuting those with STDs with the crime of spreading it, means the victims are at no fault, even after consenting to the sex. If a victim jumps in front of a car knowing that they will be injured or killed, the nature of the crime of hitting a pedestrian has changed. The same goes for sex. If you sexually throw yourself in front of a car, you might get an STD or even worse, an incurable STD.

Since the risks are known, spreading STDs should not be a crime. Use protection, and avoid casual sex. If you are having sex with someone, nothing is stopping you or your partner from going to get tested. But to later blame your sex partner for your lack of personal responsibility is an insult to the justice system. What if your partner didn’t even know they had an STD?

It is not a question of morality, but a question of obvious facts and risks. Buyer beware rules come into play. You know the risks. You can get your partner tested at any time before having sex. Either accept the rules of sex or don’t play “the game.”