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16 Jan 2009

Aussie man jailed 18 years for trying to spread HIV

A HIV positive man has been sentenced to 18 years jail for trying to infect his male partners with the virus.

A 50-year-old HIV positive Melbourne man was sentenced on Friday to 18 years and nine months in jail, with a minimum of 13 years and nine months. He has already served two years and nine months.

Michael Neal, was found guilty by a jury in July last year on 15 charges, including two of rape and trying to infect eight people with HIV between 200 and 2006. He was diagnosed as HIV positive in 2000.

According to media reports, he was diagnosed in 2000 and had unprotected sex without telling his partners he had HIV and arranged "conversion parties" to infect people so that he would have a greater pool of sexual partners available to him, the Victorian County Court heard.

Australia's The Age newspaper reported that Neal who met his victims mainly at gay venues, on gay websites or at gay beats, wore a genital piercing to make it easier for him to infect people. The father of three - and grandfather of four - further told a psychiatrist he had a dark side and enjoyed infecting people.

Neal's offending behaviour continued up until his arrest despite the Victorian Department of Health serving him with three letters and four orders under the Health Act between November 2001 and April 2006 to practice safe sex and tell partners of his status.

His case shone a spotlight on the Victorian Government's approach to HIV related criminal cases and ultimately led to the sacking of Victoria's chief health officer Dr Robert Hall.

Australia

讀者回應

1. 2009-01-16 19:51  
Sounds like the man is sociopathic and proud of it...nasty type of sadist.

Yet another reason why gay people need to be out and open. Unless people meet lots of they will not understand our diversity. Ignorant people might think this criminal represents the gay world.

Sociopathy and sadism are likely as widely spread through the gay and straight worlds... only being out and letting people know that good people like you (I hope this includes YOU) are also gay.
2. 2009-01-16 23:52  
What can a person say about a case such as this? How many more are doing the same thing over anger,resentment or just plain evil?
3. 2009-01-18 12:50  
I wouldn't be in too great a rush to classify this man as gay as some readers might. If the report is accurate then it might be wiser to assume he's bisexual rather than gay, if making any assumptions at all.
I think that most people in Australia would recognise his behaviour for what it is and not jump to the conclusion that this is indicative of gay's and therefore I can't see this case as a reason why Gays should out themselves to the broader community, especially in some of the more repressive societies of Asia and Africa. Don't forget outing yourself in some countries could lead to a long prison sentence or even death. Not all readers are living in countries where it's legal to be gay.
4. 2009-01-19 00:04  
I don't think this article puts any label on Neal's sexuality, nor do I think it is particularly relevant. Whether he considers himself gay or bi, he's a man who has sex with men. There are just as many evil people among that group as among men who have sex with women. While there are plenty of wonderful gay people, I know plenty of guys who have been abused, raped, experienced physical and sexual violence from other gay men, sometimes from their partners. It is important that every MSM is aware that not everyone is nice, that you need to know how to protect yourself. Be aware of drink spiking, the dangers of hookups, beats and any sexual encounter. Negotiation of safe sex. Discussion of sexual health. Letting friends know who you might be leaving a bar with, or to whose house you might be going to. Know the law, and what recourse you have to protect yourself, where you can find help. In the worst case scenario, Post Exposure Prophylaxis (PEP), if available in your country.

Personally I can think of no punishment too cruel or severe for a man like Neal. I cannot begin to understand the culture of bugchasing and conversion parties, but at least those people are willing, however misguided. To deliberately infect people, including children, against their will and without their knowledge, is evil of a level I can not comprehend. I'm glad his victims are finally seeing some justice, and sorry this case was so poorly handled in my country.
5. 2009-01-19 09:54  
Yeah... another 'skanky queer'...he should have been incarcerated first time around, I turned a guy in just like him some years ago after he infected my friend, he never warned him (as is required by law) he was HIV+ and ON HIS BIRTHDAY got him drunk my friend insisted on condoms how ever a little while later, "oops it's in" and kept going. I was pretty p!$$#@ that he was only given counseling and warnings he should have been imprisoned to take him out of circulation, they are too soft on them here, these creeps make it harder for the image of decent HIV+ Gay/ Bi men who do try to do the right thing.
6. 2009-01-19 13:45  
Upon reading this article, I am disappointed in his selfish attitude. That's why I keep warning my friends to stay away from those kinds of gay saunas but again, it is their lifestyle. That I'll have to respect as they are my friends. There are some good and bad gays. Bad gays are such as those who mind other's past, indugle in groundless rumors/ gossips and judge people too quickly. Seems that there are too many bad gays.
7. 2009-01-19 21:38  
Consensual acts occur at conversion parties. You and I may not approve, but who are you to judge someone else's lifestyle choice?
"Bug Chasers & Gift Givers at Bug Parties" are probably such a taboo and distasteful concept to a public jury that a conviction is inevitable, so who knows what really happened.
All I know is that criminalizing people who know their HIV status and fail to disclose, encourages gays not to want to know their status, and hence discourages HIV tests. This is bad for everyone.
8. 2009-01-20 16:50  
hmm.. I find that he MAY neither be bisexual or gay. He has children (I assume he married) and he fathered 3 kids (he must loves p*ssies). Perhaps he is straight, but like we agreed, he is sadistic psycho who targets gays in spreading HIV. Perhaps, he's angry at the gay community? Or perhaps he hates the gay community? Or perhaps, majority of his vitims are gays, but were there women victims as well? The rape charged sounds probable.

Anyhoo, glad that this guy has his just desserts.
9. 2009-01-21 23:22  
Bug Chasing and conversion parties are not a matter of personal choice as far as I am concerned. How you take your coffee, or what you wear for the prom are personal choices. Getting purposely infected with a deadly transmittable disease affects everyone else around you, it puts others at risk and perpetuates a disease that ruins the lives of millions. People who purposely seek to host the bug should not be encouraged. They should be pressurized into NOT doing it. Political correctness be damned.
10. 2009-01-23 04:16  
Reading some of the comments, I can understand why HIV+ men feel so ostracized by society, and why HIV is such a taboo, because there is so much intolerance, even in the gay community. How sad.
Some people risk their lives jumping out of planes for fun, or engage in extreme sports for a thrill. Some people fight bulls or fight fires, or engage with violent criminals, and risk their lives in doing so. Their reasons, their choice, their life.
Surely it is their choice? Who am I to try and prevent someone from taking as much risk with their life as they please? If we were talking about rape, it would be a different matter, but bug parties are just not forceful, so not rape.
11. 2009-01-26 20:15  
This guy is SICK. And I don't just mean HIV-wise.
回應#12於被作者刪除。
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16. 2009-02-02 02:12  
The reason why there are so many conflicting views on this story is because of a particular sentence in the third paragraph which appears confusing.

"he was diagnosed in 2000 and had unprotected sex without telling his partners he had HIV and arranged "conversion parties" to infect people so that he would have a greater pool of sexual partners available to him"

If he's having unprotected sex and NOT telling his partners, that is a completely separate event from his conversion parties. So, some people out-right know and want HIV, while others are just hooking up with him separate from his conversion parties, not knowing.

This story does not state if he lied about his status to men. This story just states "gay venues"... that could be anything from internet dating, internet hook-up sites, or Pottery Barn and Starbucks.

HIV is still considered a life-long debilitating disease and public health risk. Not everyone can afford the drugs, not everyone is emotionally prepared to deal with HIV, not everyone can live with it's ordeal.

Unprotected sex happens. Alcohol, drugs, or sometimes a general malaise can lead to unprotected sex. THIS DOES NOT MEAN ONE IS CONSENTING TO WANTING HIV!

I once had a partner who I told I was HIV neg and was hoping to stay that way. I thought I asked him his status, or maybe I guess since I brought mine up he was negative too. We dated and had sex for over a month. Then one day he started to cry... he was HIV poz and decided to tell me. He had been for over 2 years.

Luckily for me, I used protection each time, but I did suck his dick from time to time without using a condom.

I still knew I had to test. I made a choice to still see him. Ultimately, it was just a few weeks until I found out he'd also been sleeping with plenty of other men when I thought we were exclusive.

So it came down to this: I told him I couldn't see him anymore... that he was selfish. He said, "well, you know what those commercials say - always protect yourself because the other person may have it."

I had to remind him, those commercials are geared towards people who DON'T have it, or are generally thought to be HIV negative.

Maybe there needs to be a new commercial geared to HIV poz men.

"You know how awful it was to find out you had HIV. Be kind, not selfish - save lives and be upfront about your status when in sexual situations... because you know you probably wish you had the same opportunity."

This has nothing to do with self hatred or the victimization of gays... HIV is unspecific to sexual orientation. This is about public health... both physical and mental.

If you go to conversion parties... well I guess you had it coming... but alas, a lawyer could argue these folks may have mental health issues and didn't know what they were agreeing too.

As far as I'm concerned, not telling your sexual partner(s) is like shooting a gun aimlessly in the air. Sure, your INTENT may not be to kill someone, BUT if someone gets hit, so be it.

HIV can, and usually does, change the course of peoples lives. It's pure cruelty to knowingly engage in infecting others.

If these folks have no regard for human lives, then they should be quarantined because they are a human health risk.

As for my friend, when he told me he was HIV, I didn't know what to do. I had feelings for him so I was planning on staying with him. I did research on Magic Johnson and couples who one was negative and one was positive. I did research on the best condoms. I was planning on being there for him. I was someone who was willing to give him a chance... but alas, he wants to have sex with whom ever, whenever he wants.

I can't respect that. It's selfish. Insufferable. Cruel. Heartless.

To me, gay men who behave this way have no regard for themselves, or human life.

There is more to life than just sex. If sex is how you define your entire existence, when there are handicap people who can't and others who can't for other reasons, your existence is to me is trivial.

There is more to life than SEX!!!

You have to ask yourself, what is more important - you getting off for 10 minutes or someone's life. If you pick "10 minutes" you disgust me.

Plus, gay men have to admit, we have the luxury of not getting each other PREGNANT!

We take dead beat dads to court... I don't see the problem in taking gay men who knowingly try to impregnate other men with HIV.

WAKE THE F*** UP! It's not just about you!
17. 2009-02-03 14:00  
I read more responses... people keep taking this story personally as if they were HIV poz they wouldn't want to be judged... BUT THAT'S NOT THE POINT.

It's called INTENT. INTENT TO KILL.

It's also called LIABILITY.

Look, both are hard to prove, but according to this story, the 50 year old man professed to wanting to infect others. Therefore, that's INTENT.

If a Nuclear Power Plant found out their toxins were seeping into the water system and giving locals cancer THEY ARE LIABLE. If the power plant covers up their mishap and mislead the public, then the mishap becomes a CRIME and now there is INTENT.

This isn't about a witch hunt against HIV poz men, the story is about intent and liability.

If your lover says, "strangle me during sex" and you do, and they die, you may not be found guilty of INTENT but you will be found LIABLE for their death.

Semen that is HIV poz can be viewed as extremely dangerous. If your INTENT is to infect others - you could be viewed as liable... but since we can't validate who's semen infected who, it's impossible to claim anyone responsible.

On the other hand, if someone says "my intent is to infect people" and their behavior dictates this, they are preying upon the shame and insecurities of gay and bisexual men.

We don't know if he lied to sex partners saying he was negative and did his best to convince them to go bareback. We don't know if he tried to break condoms on purpose. We do know he wore piercings that, in his own perception, could help make the anus bleed and cause infection faster, and he told his therapist he wanted to infect people.

He's handed authorities everything they need to know that his INTENT is to harm and that he is LIABLE for his actions.

Wake up boys! Stop defending him!

18. 2009-02-03 15:18  
Judge Parsons said Neal was given repeated warnings by DHS about his sexual behaviour and simply ignored them. He denied his HIV status to his victims, misled them or told them he was HIV negative, Judge Parsons said.
19. 2009-02-03 15:19  
Defence lawyer George Georgiou said his client's serious offending had taken place as part of a culture where the "notion of individual responsibility was cast aside by the participants''.
20. 2009-02-03 15:22  
Michael John Neal, 49, was found guilty yesterday of 15 charges, including attempting to infect another person with HIV, rape and administering a drug for the purpose of sexual penetration.

A County Court jury cleared him of 11 other charges, including two counts of causing another person to be infected with HIV.

He also had child pornography.
21. 2009-02-03 15:53  
The COMPLETE story!

http://criminalhivtransmission.blogspot.com/2008/07/australia-michael-neal-not-guilty-of.html

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