Is there a legal definition for "penetrative sex"?

[chaoticbear]

As a person who has been (fairly) recently diagnosed with HIV, they had to inform me that I must notify people of my status (in AR) before engaging in “penetrative sex”, according to the law, and gave me a printed-out copy of it.

The internet seems to not have a solid consensus on whether or not oral sex counts. Except for the rather impractical matter of gloryholes, in which case I feel like if you’re sticking your dick through a hole in the wall, you obviously don’t care, I’ve managed to tell everyone, and take the rejection if it comes.

But sometimes I just want to simplify my life, and not get rejected for an almost zero-risk activity (for them). Anyone know if there’s a legal definition for “penetrative sex”?

[Captain_Amazing]

I’m not a lawyer, but here’s how the Arkansas code defines it:

© (1) As used in this section, “sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into a genital or anal opening of another person’s body.

(2) However, emission of semen is not required.

It does appear that oral sex falls under this definition. Best of luck to you, and I hope you’re able to stay healthy.

[chaoticbear]

Oh, well they didn’t print THAT part out! Guess it’ll be business as usual then. According to that definition, even using a dildo on someone requires disclosure! I couldn’t find an example of any lawsuits in my state arising from it, but better to take the high road, I suppose. Thanks for digging that up!

EDIT: Never mind, I found a case of it from a couple weeks ago. Hmm.

[Captain_Amazing]

You don’t just have to worry about civil liability. In Arkansas, “Exposing another person to human immunodeficiency virus” is a class A felony, which is punishable by from 6 to 30 years in prison.

[Markxxx]

Just so you know it’s very possible to transmit HIV through oral sex. The best known study from San Francisco put the number at 8% of the people in the study

I don’t want to change the topic of the thread, but just so you’re aware.

It is thought that HIV is spread via the cuts in the gums, as most Americans by age 30 have gum disease and virtually everyonoe in America has some sort of gum issues by age 40.

This type of gum disease will cause bleeding and cuts most people aren’t even aware of but give HIV an opening

[Elendil_s_Heir]

Ohio law defines it very similarly to Arkansas - “any penetration, however slight,” etc.

Hope you stay healthy and law-abiding, chaoticbear.

[Zeke_N.Destroi]

Wow, that truly bites man.

I hope you stay healthy and find a loving partner who will accept you and try work around it.

My absolute best wishes to you!

[chaoticbear]

@Markxxx

Just so you know it’s very possible to transmit HIV through oral sex. The best known study from San Francisco put the number at 8% of the people in the study

I don’t want to change the topic of the thread, but just so you’re aware.

It is thought that HIV is spread via the cuts in the gums, as most Americans by age 30 have gum disease and virtually everyonoe in America has some sort of gum issues by age 40.

This type of gum disease will cause bleeding and cuts most people aren’t even aware of but give HIV an opening

It’s funny you mention that, because the SF AIDS Foundation is the source that I cherrypicked to support my views. I know that ANY sexual activity, condom or no, can theoretically transmit HIV, but I’m talking about relative risk. From SF AIDS Foundation:

Oral sex (mouth-penis, mouth-vagina): The risk from oral sex is very minimal as the mouth is an inhospitable environment for HIV, for several reasons. Saliva contains enzymes that break down the virus; also, the skin of the mouth is sturdier than in the anus or vagina. There are, however, a few documented cases where it appears that HIV was transmitted orally. These cases are all attributed to ejaculation in the mouth (i.e., exposure to semen, not exposure to vaginal fluid or pre-seminal fluid).

Receiving oral sex is not risky because one is exposed only to saliva.

I’m not disputing the fact that under certain circumstances, it could be transmitted through insertive oral sex, but in a damn adult bookstore, there’s probably enough HIV floating in the air to infect someone.

All I want to do is suck a dick or two without people freaking out.

(and thanks for the well wishes, and again, I have and plan to continue following all statutes blah blah blah)

[Chronos]

Oh, well they didn’t print THAT part out! Guess it’ll be business as usual then. According to that definition, even using a dildo on someone requires disclosure!

On the other hand, it looks like insertion of the penis into any orifice other than the vagina, anus, or mouth isn’t mentioned, so nasal sex and aural sex are still OK.

[umop_ap_sdn]

@chaoticbear

All I want to do is suck a dick or two without people freaking out.

But what happens if you don’t disclose and one of them catches HIV from you? They will have been unaware of your infected status - legal or not, that’s completely unfair.

[Shot_From_Guns]

IMHO territory:

Partners deserve to know about your HIV status, even if you think your chance of transmitting it to them is negligible. If you want, you can think of it as being a mixed-race person who could pass for only having European ancestry: wouldn’t you rather screen out the racist assholes *before *they freak out the first time they see a family photo?

Black humor territory:

Too bad it’s not herpes, or you could go kayaking!

Sympathy territory:

Well, that blows. Best of luck keeping up with all the medication, and best wishes for further medical progress on treating it.