More Comments on HIV Criminalization
Concurring Opinions:
The video posted by Kaimi is pretty funny, but it makes the point negatively as well as positively. The negotiation is extensive, involving everything from sexual positions to meeting the parents, but there is still no mention of STDs or protection.
Matthew Weait, who has written brilliantly on the subject, made the most important point to me off line: opposition to criminalization must fundamentally reject criminal law as the appropriate lens for judging sexual behavior. He criticizes a couple of aspects of my discussion of the Swiss case:
•Continental Europe of course draws heavily (directly and indirectly) from Roman law principles, and so sees nothing strange about imposing general / positive legal obligations on people - in contrast to common law jurisdictions, where the duty relationship is (relatively) narrowly circumscribed.
•You say that “smart” sex is not a fair standard to apply to A or X … I agree, but…