A Cincinnati judge has sentenced former professional wrestler Andre Davis (right) to 32 years in prison for not telling women he was having sex with that he was HIV+. Davis, who wrestled under alter egos like “Gangsta of Love” and “Sweet Sexy Sensation” was convicted in November of 14 counts of felonious assault after having unprotected sex with more than a dozen women.
CBS 12 in Cincinnati reports Davis’ condition was revealed, “when the mother of his two children found his testing paperwork [and] passed it on to many of his other girlfriends.”
Ohio state law requires those who test positive for HIV to inform prospective sex partners, which he failed to do. But Davis’ lawyer claimed the statute was unfair because it didn’t require proof that there had been malicious intent.
Davis was rejected by the WWE in 2009 after testing positive for HIV and thus failing his physical.
Criminalizing unsafe sex is a risky proposition, especially for the gay community. While we hope everyone, positive or negative, takes on the burden of safe sex themselves, the law generally doesn’t see it that way: Drunk drivers, for example, are prosecuted for killing their passengers—even if the passenger should’ve known better than to get into the car with them.
At the same time, we can imagine without much difficulty a situation where a law like this would be abused by homophobic lawyers and judges to harass gay couples.
Should laws like this be stricken from the books or do they provide a necessary safety net to an unsuspecting public?
Share your thoughts in the comments.