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HIV, Sex and Jail Time in Canada


TRIBE Member
David Crowe -
Canada is getting into the habit of throwing people in jail because they have sex without revealing to their partner that they are HIV-positive. Even when sex is completely consensual, it is reclassified as aggravated sexual assault, or even murder, under these circumstances.

Late in 2005 a Barrie, Ontario woman plead guilty to aggravated sexual assault and was sentenced to house arrest for having unprotected sex with a soldier without telling him she is HIV-positive. [CBC, 2005a] At about the same time a BC man was found guilty of the same crime under similar circumstances [CBC, 2005b] In 2004 an HIV-positive Winnipeg man was jailed for two years because he did not tell his lover that he was HIV-positive. [McIntyre, 2004] A previous case in Manitoba resulted in an eight-year sentence, two for each of four women the man had sex with. In Montreal in 2004, a man got a little more than two years for each of three women he had sex with. [McKenzie, 2004]

Not yet decided are the fates of other Canadians facing similar charges. Most seriously of all, Hamiltonian Johnson Aziga might be convicted of first-degree murder because two women he had sex with later died of AIDS. [Herald, 2005]

Trevis Smith, a Saskatchewan Roughrider football player was charged in British Columbia with aggravated sexual assault after having consensual sex with women without telling them he was HIV-positive. [Fong, 2005]

Facing a record for the most such charges is a Windsor businessman charged more than 20 times with aggravated sexual assault, once for each woman he had sex with. [UPI, 2004]

In order to treat these situations with such severity it is obvious that police and prosecutors must believe that:

1. HIV is sexually transmitted.
2. HIV tests are extraordinarily accurate.
3. HIV almost always leads to AIDS.
4. AIDS is almost always fatal.


HIV is surprisingly difficult to transmit sexually. The best estimates are that the risk of HIV transmission through sex is less than 1/1000 (actually a probability of 0.0009, i.e. 0.09%) based on a ten year California study. [Padian, 1997] Someone would have to have sex with someone who is HIV-positive almost 1,000 times to have better than even odds of transmitting HIV!

People who are highly promiscuous, such as prostitutes, stand even lower odds of being infected, because relatively few of their partners will be HIV-positive. If 10% of ‘Johns’ were HIV-positive (more than ten times higher than the average rate throughout the population) they would have to have sex almost 10,000 times before the likelihood of becoming HIV-positive reaches 50%.

It might surprise people who believe that HIV is sexually transmitted to know that prostitutes are not a group at risk for HIV or AIDS unless they are IV drug users. [Potterat, 2004] Further, there has not been a single case of occupationally acquired AIDS among surgeons and paramedics in the United States, two groups that are particularly at risk of uncontrolled exposure to HIV-positive blood. [CDC, 2000]

Many people believe that the high rate of HIV-positivity in Africa is proof that HIV can be transmitted sexually. However, there have been a number of scientists who have questioned this, noting that there are a large number of anomalous cases, for example monogamous HIV-positive women with an HIV-negative husband instead and HIV-positive children with HIV-negative mothers. [Gisselquist, 2002]

A recent survey in South Africa showed that 23.3% of black women are HIV-positive, but only 6.4% of black men, yet the same survey showed (to nobody’s surprise), these same men are more promiscuous than the women [Pettifor, 2005]. This is precisely the opposite pattern than one would expect.

The pattern of HIV-positivity then, does not always look like a sexually transmitted disease should. Either there are a significant number of HIV cases that are transmitted in a different fashion (e.g. dirty needles) or there are many more false positive HIV tests than currently estimated.

In either case it should give pause to think: Having sex with a man is not the only way that a woman could become HIV-positive. In the case of a false positive HIV-test, neither sex nor viruses may have anything to do with the situation. A person cannot be guilty of transmitting HIV if a person’s HIV test is positive for some other reason, or even if there is a reasonable doubt about how the person became HIV-positive.

HIV test manufacturers routinely claim that their tests are more than 99% accurate. They do this by comparing new test kits against the performance of older test kits. Original test kits were checked by the number of people with AIDS who tested positive.

The problem is that no HIV tests actually test for a virus. So proving that Test A gives very similar results to Test B does not prove that either test is accurate.

The most common type of HIV test used is the antibody test. In fact, most people are diagnosed HIV-positive solely with the use of two different types of antibody tests, two or three ELISA tests followed by a single Western Blot. One problem with antibody tests is that antibodies are formed in reaction to a virus, not because the virus is present. Only the assumption that HIV is an incurable condition allows antibody tests to be used to indicate current infection rather than immunity (as with most viral conditions). Furthermore, antibody tests are subject to false positive results due to reactions with other viruses, diseases or compounds.

The only way that an HIV could be validated would be through the purification of the virus, and the subsequent analysis of the genetic material and proteins that it is made up of. If 99% of people from which virus can be purified test positive on antibody tests, and 99% of people from which virus cannot be purified test negative, then (and only then) can genuine claims be made about the accuracy of an HIV test.

HIV purification has been attempted many times, but it has always failed. Despite the billions of dollars spent on HIV research, HIV has never been purified, not even once. Two analyses of what had previously been claimed as ‘purified HIV’, published in the same journal in March, 1997, showed that at least 90% of this material was impurities. In fact, 100% of the material being examined might be bits and pieces of cells and not originating from a virus. [Bess, 1997; Glushchankof, 1997]

Many people think that the association between a positive HIV test and illness is proof that the tests are accurate. But this is not necessarily true because it could be a variety of diseases processes that result in the generation of antibodies (e.g. auto-antibodies to proteins found in dying cells) and because the diagnosis of a disease may cause the prescription of drugs which, in the case of HIV/AIDS, are highly toxic and have well documented side effects which are often debilitating and are sometimes fatal (e.g. see aras.ab.ca/azt.html and aras.ab.ca/haart.html).

It is commonly claimed that everyone who is HIV-infected will die. Well, apart from the obvious fact that everyone, whether HIV-positive or not, will eventually die, the question is whether HIV infection results in a high probability of a significantly shortened life.

This is very difficult to determine because many groups of people who are HIV-positive or have AIDS, such as IV drug users or malnourished Africans, have many other health risks.

It is clear that HIV is not rapidly fatal in most cases because the best estimates are that it takes an average of 10 years to go from HIV infection to AIDS, both in America where AIDS drugs are available, [Munoz, 1995] and in poverty stricken parts of Africa where they are not available. [Morgan, 2002]

In fact, a special acronym, LTNP (Long Term Non-Progressor) has been created for people who are HIV-positive, healthy for many years (often over a decade), have no or minimal signs of immune system decline and are not taking AIDS drugs.

One of these people is Christine Maggiore, a Los Angeles woman, who was diagnosed HIV-positive in 1992. Her case illustrates both that HIV-positive people do not always benefit from AIDS drugs and also that HIV tests are sometimes inaccurate. She has never used AIDS drugs and remains in good health more than a decade later. Her HIV tests have sometimes been positive, sometimes negative and sometimes ‘indeterminate’ (meaning that the results are ambiguous, but are usually taken as meaning HIV-negative). She founded an organization, Alive & Well, as a support group for people who want science-based information from a broader spectrum than that available from their doctors. Many HIV-positive people feel that she has saved their life by giving them the information they need to stop taking AIDS drugs or to never start.
Why Have I Never Heard This Before?

Many readers may never have come across these concerns about the science behind HIV and AIDS before. This is because HIV and AIDS science is imposed dogmatically through a hierarchical medical and public health system. Scientists or doctors who disagree with the mainstream view are ostracized and removed from positions of influence.

One good example is the experience of Dr. Peter Duesberg at the University of California at Berkeley. Prior to 1987 he was one of the world’s most respected virologists and cancer researchers, recipient of many grants and awards. In fact, he had never had a grant application turned down.

This all changed in 1987 when he published a detailed article in the scientific journal “Cancer Research” that detailed many reasons why HIV could not be the cause of AIDS.

Following this Duesberg became a scientific pariah, cut off from both grant funding and most access to publications. Because decisions to providing funding and to allow publication are performed by anonymous review committees it is very easy for the main body of opinion to completely isolate those who are proposing alternate theories, or merely pointing out major flaws in the majority opinion.

Almost 20 years later, Duesberg still questions mainstream HIV/AIDS science but, with his research options terminated, he has gone on to innovate studies of the cellular processes that result in the initiation of cancer tumors.
Rethinking the Criminalization of HIV

The current trend in Canada towards the criminalization of sex by people who are HIV-positive will isolate them from society. They will have a choice of being blatantly public about their HIV status or becoming a hermit, avoiding any possibility of intimacy with another person that might lead to a sexual relationship.

This incredible violation of their human rights could arguably be justified if the mainstream view of HIV and AIDS was scientifically sound and that these people really were carrying around a sexually transmitted, uniformly fatal virus.

But if HIV tests are not perfectly accurate, if HIV is rarely or never transmitted sexually or if HIV is not always fatal, then there is no justification for jailing people for the crime of not revealing their HIV status before having sex with another person.

Everybody has a responsibility to educate themselves on this issue, not just with information that comes from a heavily funded bureaucracy of doctors, public health officials, drug companies and activist groups, all of which have a vested financial interested in maintaining the current level of fear about HIV and AIDS. Even governments have heavily invested their money and pride into the infectious theory of HIV and AIDS. Their information too is biased, and does not consider non-infectious explanations for the syndrome of diseases known as AIDS.

Our society, the Alberta Reappraising AIDS Society, provides extensive lists of quotations from scientific, government and industry publications that contradict many commonly held views. Our website, http://aras.ab.ca, is regularly accessed by people from all over the world, and the information we provide has led to many people refusing HIV testing or, if already known to be HIV-positive, refusing AIDS drugs. Others have reviewed our information and decided that they prefer the information that they are getting from their doctors. In neither case we are proud that we have helped people to make a more fully informed decision.

Funding for our society comes from small private donations, none comes from organizations that are in any way associated with HIV or AIDS testing or treatment. --------------------------------------------------------
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TRIBE Member
I find this incredibly difficult to swallow. I laughed out loud at least twice.

I wonder why AIDS is such a huge epidemic in Africa, China and Russia while, apparantly, it's EXTREMELY DIFFICULT to transmit. Must be more of those CIA lies aimed at spreading global Anglo hegemony! Maybe AIDS is actually a lie altogether...I bet NOBODY has AIDS! Take magic johnson for example...look at him...he's fit as a fiddle! He's OBVIOUSLY lying about having AIDS.

Ya learn something new every day. Awesome.


TRIBE Member
How you got nobody has AIDS from this is a mystery to me??? Perhaps a re-read is needed. Not sure what the CIA has to do with the article too. Hummm I am confused.


TRIBE Member
DTD said:
How you got nobody has AIDS from this is a mystery to me??? Perhaps a re-read is needed. Not sure what the CIA has to do with the article too. Hummm I am confused.

I was being dirissively sarcastic...a little too much so.


TRIBE Member
HaHa Sellycat. Good one. :D


What about this:

The Myth of Sexual 'AIDS'

Sex has nothing to do with 'AIDS'
Result of the largest and longest study of the heterosexual transmission of 'HIV' in the United States:

We followed 175 HIV-discordant couples over time, for a total of approximately 282 couple-years of follow up [...]

We observed no seroconversion after entry into the study.

Padian NS et al. Heterosexual transmission of Human Immunodeficiency Virus (HIV) in Northern California: Results from a ten-year study. American Journal of Epidemiology. 1997;146(4):350-7.

David W. Rasnick, PhD, member of the Scientific Group for the Reappraisal of AIDS, also present this study in Sex has nothing to do with AIDS, a letter published by the British Medical Journal.

The 'Prostitute' Paradox

If 'AIDS' ('HIV') was sexually transmitted, we should find it in sex-trade workers. The following references, including five studies published in prestigious scientific journals, demonstrate no sexual transmission.

In this study, the authors estimated overall and cause-specific mortality among prostitute women. They recorded information on prostitute women identified by police and health department surveillance in Colorado Springs, Colorado, from 1967 to 1999. The authors assessed cause-specific mortality in this open cohort of 1,969 women [...]

Violence and drug use were the predominant causes of death, both during periods of prostitution and during the whole observation period. [...] Deaths from acquired immunodeficiency syndrome occurred exclusively among prostitutes who admitted to injecting drug use or were inferred to have a history of it.

Potterat J J et al. Mortality in a Long-term Open Cohort of Prostitute Women. Am J Epidemiol 2004;159:778-785.

During a 36-month period, a multidisciplinary team manned a van that visited the major location of open prostitution in the Tel Aviv area [...]

All 128 females who did not admit to drug abuse were seronegative.

A thorough search of recent literature fail to demonstrate unequivocal seropositivity among British, French, German, Italian, or Dutch prostitutes without drug histories.

Modan, B et al. Prevalence of HIV antibodies in transsexual and female prostitutes, American Journal of Public Health. 1992;82(4):590-592.

Michael Wright also report this study in A Former AIDS Researcher Has Second Thoughts, part one: Manufacturing the AIDS Scare.

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