Florida Supreme Court Rules “Sexual Intercourse” Includes Same-Sex Conduct With Respect to HIV Exposure Conviction

The Supreme Court of Florida has ruled the term “sexual intercourse” applies beyond “the penetration of the female sex organ by the male sex organ” to include same-sex oral and anal sex and upheld an HIV transmission conviction against a man who lied to a sexual partner about his positive HIV status in Debaun v. State of Florida, 2017 Fla. LEXIS 583, 2017 WL 1024526 (March 16, 2017).

The Florida statute at issue, Section 384.24(2), Florida Statutes (2011) provides that “it is unlawful for any person who has human immunodeficiency virus infection, when such person knows he or she is infected… and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person… [unless the sexual partner knows of the infection and consents to the intercourse].”

For the full story, access the April 2017 issue of LGBT Law Notes.