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Lambda Legal Appeals Conviction of HIV-Positive Man

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June 14, 2012

Today Lambda Legal filed an appeal on a petition for post-conviction relief in the Iowa Supreme Court on behalf of an HIV-positive Iowa man, Nick Rhoades. Rhoades was sentenced to 25 years in prison and lifetime registration as a sex offender after having a one-time sexual encounter with another man during which they used a condom.

"The law only applies to those who intend to expose others to HIV," said Christopher Clark, Senior Staff Attorney for Lambda Legal. "This conviction cannot stand because someone who engages in safe sex is not guilty of criminal transmission of HIV.  Nick's use of a condom clearly indicates that he was protecting his sexual partner from exposure."

The case is Nick Rhoades v. State of Iowa, read the brief here.