Criminal Law Keyed to Lee
State v. Hinkhouse
Hinkhouse learned that he had been diagnosed with HIV but nonetheless continued having sexual intercourse with various women without disclosing that he was diagnosed with the deadly virus. Even when he was asked if he was HIV positive, he would deny being so. Hinkhouse’s probation officer informed and educated him about the deadly consequences of the virus and how one sexual encounter with another individual could cause them to contract the virus. Despite stating that he understood the information, he continued to have sexual intercourse with women without disclosing the virus or using any protection. He agreed to submit in writing to his probation officer whenever he had a sexual encounter, but failed to do so. Hinkhouse was indicted on several counts of attempted murder and sexual assault. At trial, Hinkhouse moved for a judgment of acquittal based on expert testimony that showed Hinkhouse had a personality disorder that caused him to ignore all the possible consequences of the HIV virus.
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