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Thursday 23 October 2008

US: North Carolina man under house arrest for having an STI

The 23 year-old North Carolina man previously named, shamed and given a 45 day suspended sentence for disobeying North Carolina's public health laws, and allegedly having unprotected sex without disclosure, has now been sentenced to six months' house arrest and 30 months' probation.

'Proof' that the man had violated his previous probation order was that he had acquired a new sexually transmitted infection (STI). However, it is completely plausible that he could have acquired an STI via oral sex - there are no STI's that can be diagnosed in a man's penis that can be exclusively acquired via unprotected anal sex.

This man has been the subject of intense media scrutiny - witness, the three articles below, which are just the tip of the iceberg in terms of TV and print time this case has taken up in local media. And for what 'crime'? Not for "spreading HIV", which is what the press say he is doing. For doing what most gay men of his age actually do - allegedly having sex without condoms without first talking about HIV risks.

HIV-positive DJ given house arrest for violating court order about sexual contact
McClatchy News Service/The Times News
October 22, 2008

RALEIGH -- Health officials are so worried Joshua Weaver will keep spreading HIV that a probation officer will now monitor Weaver's every move with an electronic bracelet.

Weaver, a 23-year-old disc jockey from Raleigh, has been under the close watch of health officials -- and now the court system -- since August, when he admitted to disregarding rules about alerting sex partners of his status and wearing a condom during intercourse. The judge ordered him to a 30-month probation, insisted he wear a condom during sex and told him to steer clear of night clubs unless he had secured a job as a DJ.

Weaver admitted Tuesday that he had strayed from his probation orders. A Wake County public health official caught Weaver when he came to the clinic infected with another sexually transmitted disease that would have been blocked if Weaver had worn a condom, said Boz Zellinger, Wake assistant district attorney.

"His behavior hasn't changed,'' Zellinger said after the hearing.

District Court Judge Jacqueline Brewer put Weaver on house arrest for six months. She barred him from leaving his father's home for anything other than probation-approved employment. Further, she ordered him to undergo a mental health assessment and to follow through on whatever recommendations the therapist suggests.

Man with HIV accused of breaking probation for health violation

RALEIGH - An HIV-positive man is being held in the Wake County jail, accused of violating probation by having sex without using a condom.

Joshua Weaver, 23, was put on probation in August for violating a little-used provision of the public health code. Weaver, a disk jockey who is widely known in the dance club circuit in Wilmington, was ordered to refrain from sex without a condom and steer clear of nightclubs unless he was hired to spin.

Earlier this month, Wake County health department staff contacted Weaver's probation officer to say they believed he had engaged in unprotected sex, said Keith Acree, spokesmen for the state Department of Correction, which oversees probation officers.

If a judge agrees, Weaver could be sentenced to 40 days in jail. He currently is in the Wake County jail awaiting an Oct. 21 hearing on the probation violation.

The state's public health code gives public health officials the right to tell infected patients how to behave in the privacy of their bedrooms.

This summer, Weaver became the second Wake County person in more than 15 years to face criminal charges for violating a contract he must sign when diagnosed with HIV, the virus that causes AIDS. Weaver didn't heed the county's orders to alert sexual partners that he has HIV or protect them by wearing a condom during sex, according to court records. In August, he agreed to a plea deal that spared him prison but put him under the close watch of a probation officer.

Across the state last year, health officials convicted 16 people of violating public health law. Most were infected with tuberculosis, and a trip to jail or a hospital guaranteed they would receive a treatment that would cure them.

Club DJ with HIV arrested on probation violation
Oct. 16, 2008

A Raleigh man who pleaded guilty in August to charges that he failed to use a condom and notify sexual partners that he has HIV has been arrested on a charge that he violated the terms of his probation.

Joshua Waldon Weaver, 23, was arrested in April on charges brought under North Carolina Administrative Code 10-41 A.02020 (1)(a)(e), which addresses control measures regarding HIV, and North Carolina General Statute 130A-144 (f), which requires all people to comply with measures controlling communicable diseases.

A DJ in Raleigh and Wilmington, Weaver pleaded guilty in August and received a 45-day jail sentence that was suspended and 30 months of supervised probation under the conditions that he comply with the public health laws under which he was charged.

He was also ordered to undergo a mental health and substance abuse assessment and stay away from nightclubs unless he is working.

Weaver was arrested Oct. 8 and was scheduled for a bond hearing Thursday. His probation hearing is scheduled for next Tuesday.

He was in jail Thursday under a $50,000 secured bond.



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