Florida high court to define ‘sexual intercourse’ in HIV case

WiG

The Florida Supreme Court is considering the definition of sexual intercourse in a case involving a gay man charged with not letting a partner know he was HIV-positive.

Arguments were held on Feb. 4 in the case involving Gary Debaun, who is trying to have a charge dismissed under a 1986 law designed to prevent the spread of the human immunodeficiency virus.

Lawyers for Debaun argue that the law says it’s illegal not to disclose an HIV infection before “sexual intercourse,” but that the definition in Florida applies only to traditional sex between a man and a woman — not two men.

A lower-court judge dismissed the charge against Debaun, but an appeals court reinstated it, saying the law was clearly intended to include other sexual activity with a risk of transmitting the virus.