HIV-as-terrorism case draws national attention

Michigan Court of Appeals as well as a statute,” Galen said of the 2 November hearing. “Absolutely it troubles me,” Galen said of the terror charge. “I did not expect any additional charges.”

Both Galen and Allen said they were “shocked” and “dismayed” at the inclusion of the terrorism charge, which was added after Fox 2 News reported he was HIV-positive. Smith told local news media he would seek additional charges as a result of that revelation.

Galen believes Smith responded to outside pressure in lodging the terrorism charge against Allen, and he said the potential impact if this case goes to trial on those living with HIV in Michigan is unmeasurable. “The legislature never intended or foresaw this [law] being used this way,” Galen said, echoing comments from Michigan House Judiciary Chairman Mark Meadows (D-East Lansing), who said that the charges were “silly.”

Haywood writes that other taw makers have questioned the charges. These law makers said that the wording of the relevant law would likely be changed.

Risk of transmission of HIV very low

One argument likely to be made in court will be based on Allen’s medical records. Allen says that his viral load — a measure of how much of the HIV virus is present in the bloodstream — has been undetectable for two years. If documented for the court, experts will likely testify that the odds of transmission of the virus were exceedingly low in such circumstances.

That, experts say, is a key piece of information in this case, as a higher viral load could have made the possibility of infection through a bite wound — although very low — slightly higher. The Swiss High Court last year ruled that a person on successful antiretroviral medications with a continuous undetectable viral load for six months or more and no other sexually transmitted infections was legally no longer infectious.

The Centers for Disease Control and Prevention (CDC) in Atlanta said it has one case on record where it believes HIV was transmitted through a human bite. The case, out of South Carolina, is of an older man who claims to have had no other risk factors except being bit by a sex worker who was infected with HIV. That sex worker claims the man refused to pay for her sexual services, and she bit him in an attempt to get her money.

Even allowing for that case, experts say there are other factors to consider. In 2003, the most recent year available for statistics on the CDC Web site, about 1 million people in the United States were living with HIV/AIDS, putting the prevalence of HIV transmission via biting at .000000001 percent.