A 50-year-old HIV positive Melbourne man was sentenced on Friday to 18 years and nine months in jail, with a minimum of 13 years and nine months. He has already served two years and nine months.
According to media reports, he was diagnosed in 2000 and had unprotected sex without telling his partners he had HIV and arranged "conversion parties" to infect people so that he would have a greater pool of sexual partners available to him, the Victorian County Court heard.
Australia's The Age newspaper reported that Neal who met his victims mainly at gay venues, on gay websites or at gay beats, wore a genital piercing to make it easier for him to infect people. The father of three - and grandfather of four - further told a psychiatrist he had a dark side and enjoyed infecting people.
Neal's offending behaviour continued up until his arrest despite the Victorian Department of Health serving him with three letters and four orders under the Health Act between November 2001 and April 2006 to practice safe sex and tell partners of his status.
His case shone a spotlight on the Victorian Government's approach to HIV related criminal cases and ultimately led to the sacking of Victoria's chief health officer Dr Robert Hall.
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Reader's Comments
Yet another reason why gay people need to be out and open. Unless people meet lots of they will not understand our diversity. Ignorant people might think this criminal represents the gay world.
Sociopathy and sadism are likely as widely spread through the gay and straight worlds... only being out and letting people know that good people like you (I hope this includes YOU) are also gay.
I think that most people in Australia would recognise his behaviour for what it is and not jump to the conclusion that this is indicative of gay's and therefore I can't see this case as a reason why Gays should out themselves to the broader community, especially in some of the more repressive societies of Asia and Africa. Don't forget outing yourself in some countries could lead to a long prison sentence or even death. Not all readers are living in countries where it's legal to be gay.
Personally I can think of no punishment too cruel or severe for a man like Neal. I cannot begin to understand the culture of bugchasing and conversion parties, but at least those people are willing, however misguided. To deliberately infect people, including children, against their will and without their knowledge, is evil of a level I can not comprehend. I'm glad his victims are finally seeing some justice, and sorry this case was so poorly handled in my country.
"Bug Chasers & Gift Givers at Bug Parties" are probably such a taboo and distasteful concept to a public jury that a conviction is inevitable, so who knows what really happened.
All I know is that criminalizing people who know their HIV status and fail to disclose, encourages gays not to want to know their status, and hence discourages HIV tests. This is bad for everyone.
Anyhoo, glad that this guy has his just desserts.
Some people risk their lives jumping out of planes for fun, or engage in extreme sports for a thrill. Some people fight bulls or fight fires, or engage with violent criminals, and risk their lives in doing so. Their reasons, their choice, their life.
Surely it is their choice? Who am I to try and prevent someone from taking as much risk with their life as they please? If we were talking about rape, it would be a different matter, but bug parties are just not forceful, so not rape.
"he was diagnosed in 2000 and had unprotected sex without telling his partners he had HIV and arranged "conversion parties" to infect people so that he would have a greater pool of sexual partners available to him"
If he's having unprotected sex and NOT telling his partners, that is a completely separate event from his conversion parties. So, some people out-right know and want HIV, while others are just hooking up with him separate from his conversion parties, not knowing.
This story does not state if he lied about his status to men. This story just states "gay venues"... that could be anything from internet dating, internet hook-up sites, or Pottery Barn and Starbucks.
HIV is still considered a life-long debilitating disease and public health risk. Not everyone can afford the drugs, not everyone is emotionally prepared to deal with HIV, not everyone can live with it's ordeal.
Unprotected sex happens. Alcohol, drugs, or sometimes a general malaise can lead to unprotected sex. THIS DOES NOT MEAN ONE IS CONSENTING TO WANTING HIV!
I once had a partner who I told I was HIV neg and was hoping to stay that way. I thought I asked him his status, or maybe I guess since I brought mine up he was negative too. We dated and had sex for over a month. Then one day he started to cry... he was HIV poz and decided to tell me. He had been for over 2 years.
Luckily for me, I used protection each time, but I did suck his dick from time to time without using a condom.
I still knew I had to test. I made a choice to still see him. Ultimately, it was just a few weeks until I found out he'd also been sleeping with plenty of other men when I thought we were exclusive.
So it came down to this: I told him I couldn't see him anymore... that he was selfish. He said, "well, you know what those commercials say - always protect yourself because the other person may have it."
I had to remind him, those commercials are geared towards people who DON'T have it, or are generally thought to be HIV negative.
Maybe there needs to be a new commercial geared to HIV poz men.
"You know how awful it was to find out you had HIV. Be kind, not selfish - save lives and be upfront about your status when in sexual situations... because you know you probably wish you had the same opportunity."
This has nothing to do with self hatred or the victimization of gays... HIV is unspecific to sexual orientation. This is about public health... both physical and mental.
If you go to conversion parties... well I guess you had it coming... but alas, a lawyer could argue these folks may have mental health issues and didn't know what they were agreeing too.
As far as I'm concerned, not telling your sexual partner(s) is like shooting a gun aimlessly in the air. Sure, your INTENT may not be to kill someone, BUT if someone gets hit, so be it.
HIV can, and usually does, change the course of peoples lives. It's pure cruelty to knowingly engage in infecting others.
If these folks have no regard for human lives, then they should be quarantined because they are a human health risk.
As for my friend, when he told me he was HIV, I didn't know what to do. I had feelings for him so I was planning on staying with him. I did research on Magic Johnson and couples who one was negative and one was positive. I did research on the best condoms. I was planning on being there for him. I was someone who was willing to give him a chance... but alas, he wants to have sex with whom ever, whenever he wants.
I can't respect that. It's selfish. Insufferable. Cruel. Heartless.
To me, gay men who behave this way have no regard for themselves, or human life.
There is more to life than just sex. If sex is how you define your entire existence, when there are handicap people who can't and others who can't for other reasons, your existence is to me is trivial.
There is more to life than SEX!!!
You have to ask yourself, what is more important - you getting off for 10 minutes or someone's life. If you pick "10 minutes" you disgust me.
Plus, gay men have to admit, we have the luxury of not getting each other PREGNANT!
We take dead beat dads to court... I don't see the problem in taking gay men who knowingly try to impregnate other men with HIV.
WAKE THE F*** UP! It's not just about you!
It's called INTENT. INTENT TO KILL.
It's also called LIABILITY.
Look, both are hard to prove, but according to this story, the 50 year old man professed to wanting to infect others. Therefore, that's INTENT.
If a Nuclear Power Plant found out their toxins were seeping into the water system and giving locals cancer THEY ARE LIABLE. If the power plant covers up their mishap and mislead the public, then the mishap becomes a CRIME and now there is INTENT.
This isn't about a witch hunt against HIV poz men, the story is about intent and liability.
If your lover says, "strangle me during sex" and you do, and they die, you may not be found guilty of INTENT but you will be found LIABLE for their death.
Semen that is HIV poz can be viewed as extremely dangerous. If your INTENT is to infect others - you could be viewed as liable... but since we can't validate who's semen infected who, it's impossible to claim anyone responsible.
On the other hand, if someone says "my intent is to infect people" and their behavior dictates this, they are preying upon the shame and insecurities of gay and bisexual men.
We don't know if he lied to sex partners saying he was negative and did his best to convince them to go bareback. We don't know if he tried to break condoms on purpose. We do know he wore piercings that, in his own perception, could help make the anus bleed and cause infection faster, and he told his therapist he wanted to infect people.
He's handed authorities everything they need to know that his INTENT is to harm and that he is LIABLE for his actions.
Wake up boys! Stop defending him!
A County Court jury cleared him of 11 other charges, including two counts of causing another person to be infected with HIV.
He also had child pornography.
http://criminalhivtransmission.blogspot.com/2008/07/australia-michael-neal-not-guilty-of.html
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