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My trial has been postponed! An update from Norway

| 6 Comments
Trial postponed

Six days before my trial was about to begin the 15th of October 2012, it became clear that it had to be postponed.

The complainant and the prosecution's main witness has previously withdrawn the prosecution request and wished for the case to be closed. This is not possible with the the penal code that is used in this case and the indictment against me have been maintained.

The complainant has decided to leave the country for a longer period of time waiting for the trial negotiations to finish in court.

Both the defense counsel, the prosecutor and the court agreed that the case can not be processed without the complainant present, in person, for his immediate explanation is necessary for a proper clarification of the case.

There is now a medical report from a court-appointed independent expert. It is again confirmed that the complainant's infection did not originate from me. After specific questions from my defender it is otherwise determined by the expert that I, in practice, could not have exposed an already HIV-infected person for risk of infection, - so even within the strict legal framework of applicable Norwegian laws, my defender is now having a hard time finding my "crime".

A new trial has been scheduled for February 2013.

After AIDS 2012 in Washington

When I started to go public 10 months ago, I had no idea how many times I would tell my personal story as one living with HIV and experiencing being criminalized.

I do understand the symbolic value of someone coming forward with a story like mine, in the fight against HIV-criminalization and stigma. At the same time my HIV-activism has evolved.

Personally I have looked forward to defend myself against the indictment and the prosecutor in court this week. There is not much more to be said about this case, that's not already out there in the public. Only thru being "granted" access to a trial, can I really put the Norwegian "HIV-law" to a test.

In the meantime my primary goal have been to address the public and the politicians about the latest knowledge (from AIDS 2012) on the positive effect of decriminalizing HIV and how to bring down the infection rates, by implementing a more easy accessible HIV-test system to increase the test rates. And how the two of them are connected to each other. Also together with a group of very skilled people living with HIV, to put up the first Norwegian organization since 1999, run by people living with HIV (http://louisgay72.blogspot.no/2012/07/the-new-norwegian-patient-network.html).

At this point, Norway has granted it's first "minute" HIV-test earlier this autumn and plans are made to actively work to raise the test rates within the high risk groups of HIV-infections.

At the same time some of our more prominent HIV-specialized doctors remains skeptical to an early medical treatment as a way to lower the infection rates (http://www.dagensmedisin.no/nyheter/norske-leger-sier-nei-til-tidlig-hiv-medisinering--/).

Some of the arguments against such "test and treat" approach are; costs for the society, prioritizing the lack of medication in underdeveloped countries and increased problems with resistant virus.

Friday 19th of October 2012, the Norwegian Commission Report (the Syse-committee) on the "HIV-law" will be published here: http://www.regjeringen.no/mobil/nb/dep/hod/dok/nouer.html?id=1908. There should be an English summary published with it, as far as I been told.

This Commission Report will be the foundation of the continuing discussion on HIV-criminalization in Norway and other countries. Until the politicians in the Parliament finally makes a decision about to what extent the sexuality of people living with HIV should continue to be criminalized.

Happy week

Louis Gay
Norway

6 Comments

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Comments on Louis Gay's blog entry "My trial has been postponed! An update from Norway"

With this disease there will always be the argument of 'stigma' and 'criminalization'
To disclose or not to disclose is a personal matter. Let's face it. The biggest fear with this disease is that people with hiv are 'contagious'. Education will only go so far to the most ignorant people. Everybody now know the rules of HIV. This is not new anymore.
Until there is a cure I don't see and end to any of this ongoing feud. I have had this disease long enough and bonded with other hiv 'peoples' to compare. "WHATCH OUT WHO YOU TELL. IT MAY COME BACK TO BITE YOU EVEN IF YOU WERE DISCLOSING IN GOOD FAITH."

I have been positive since 1987, I was raped in high school by a teacher who was a predator. In the beginning I was ashamed and afraid, and also angry. There were no laws then, and I let my anger control my dic%, and never told anyone. When I was able to deal with the fact that I was going to live, I knew I had to make changes in my life. I now disclose my HIV status when I meet them, if I believe that we are going to have sex. I have been doing this since the 90's. If you are in a bookstore, or bathhouse, you need to realize that ... people who go to them are infected, and with possibly even worse than HIV. It is a matter of respect, do you respect yourself? I have decided to create an HIV Disclosure Contract, and make sure that the person that you are going to be with understands that you are protecting both of your interests if you are going to play. This will help in the event of he said/he said..or whatever you are in to..Just be honest, it makes life so much easier when dealing with the HIV thing.. This is my opinion, and I happen to believe it is a good one...Take care of you, and the ones you care about..

My lover of 10 years lied to me about his status .When i first meet him i decided i wonted to be with only one person that was the best protection and safe sex . I was tested neg 1990 and i asked if he had been tested he said yes in the arm forces and it was neg in1988 .for 10 years he hid hisHIV issues not taking any medication , because i am a nurse and he knew that i would know thatthe meds were for. one sat he came in the er where i was working witha nose bleed that would not stop , his plaltets were life threating low . then that when i found out that he had been pos sence 1888. he informed me that he also gave me the HIV infection that was in his blood many times over the years in my drinks and on my food . I asked him why he looked me in the eyes and stated because {i did not wont to be alone !!}. i thought that if you had it you would not leave me !!!!. that worked out well for him , i left work and packed me stuff and left !!!. It is still very hard to think about , Ive Not had sex with anyone 12 years i will not pass what he gave me to another person it will die with me !!! are you wondering if it changed my life Hell yes!! am i still mad hell yes !! at myself mostly i have been pos for 22 years and i will try for another 22.

Why do you think having an intimate partner will pass it to them? It's not hard to avoid transmitting it. Why would you do that to yourself?

I have had many bareback encounters in my past life with prostitutes. One day, i caught like the biggest f++king flu ever, which would not go away like for months. I was educated about what that could possibly mean, and I had planned to go get tested 3 months after my most recent risk contact, but in the meantime there was a witch hunt in the tabloids, someone was accused (and later convicted) of not disclosing. That was when I decided not to get tested, so there wouldnt be any leverage against me. Again, i mostly had bareback sex with prostitutes, they know the danger involved, i've always known, and it NEVER EVER crossed my mind to prosecute that last prostitute that in my mind got me infected, because I KNEW ABOUT THE DANGER. No one in his right mind has to be told nowadays about sleeping with persons you dont know if they are poz or not. But there are many a++holes that like to blame others instead of themselves and like to sue, so thats why i did not take the test for two and a half years. Finally I went because I had repeteadly been so sick, I couldnt take it anymore. Guess what, turns out im negative after all!

I am really shocked hearing that story.

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This page contains a single entry by Louis Gay published on October 16, 2012 10:28 AM.

A clarification before arriving to AIDS 2012 in Washington DC was the previous entry in this blog.

A Christmas 'carol' from an HIV-criminalized advocate is the next entry in this blog.

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