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Continued: HIV case headed to Minnesota Supreme Court draws national interest

  • Article by: ABBY SIMONS , Star Tribune
  • Last update: March 30, 2013 - 12:19 AM

“Criminalizing knowing, consenting conduct would interfere with the ability of an HIV positive couple, or a couple with one positive partner, to create a family,” she said. “That’s very troubling.”

Horberg said that while the organization condones safe sex, “If both adults are informed, that is their decision. We certainly would not want to be involved in those bedroom politics.” He added that criminalizing such an act could discourage Minnesotans from getting tested for the disease.

Freeman remains steadfast that the statute is unambiguous, even when it comes to informed sex. Rick’s case is the only one prosecuted by his office under the statute. As for the language in each of the subdivisions of the statute, he said: “We cannot separate the two. We used an existing law passed by the legislature to prosecute a sexual predator, and I don’t back off that one iota.”

He said he’s pleased to learn about advances in technology, but that they don’t apply to people like Rick, whom he said preys on victims.

“If he wants to have sex, use a condom,” Freeman said. “That’s what people do all the time, regardless of whether they have AIDS or not. What makes Mr. Rick different?”


Abby Simons • 612-673-4921

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