Citation

AIDS Policy Law 1996; 11(10): 6-7.

Copyright

(Copyright © 1996, Buraff Publications)

DOI

unavailable

PMID

11363503

Abstract

The Texas Court of Appeals, rejecting the contention that HIV infection evidence was inappropriate in this case, upheld a 25-year sentence imposed on an HIV-positive man who engaged in oral sex with an 8-year-old boy. Stephen Joe Sellers' wife baby-sat the boy several times in 1989. On one of those occasions, Sellers forced oral sex on the boy and demanded the boy reciprocate. Sellers argued that the trial judge should have withheld information about his HIV status from the jury. The court rejected the notion, stating that a defendant's AIDS status is especially relevant in circumstances in sexual assault cases where there is evidence of an exchange of body fluids. Although HIV can be transmitted through male-to-male oral-genital sex, researchers have found few documented cases. On appeal, Sellers argued that giving jurors information about his HIV status amounted to an indictment for an extraneous offense. The Court of Appeals disagreed, stating HIV status is a medical condition.

Language: en