Convict questions effectiveness, consistency of Iowa’s HIV transmission law

Nick Rhoades is the first to admit that he was wrong, and that he deserved a reprimand for failing to disclose to an intimate partner that he had tested positive for HIV, the virus that causes AIDS. What he isn’t sure of, however, is the effectiveness of the decade-old Iowa law with which he was charged.

Nick Rhoades (Courtesy Black Hawk County)

Just four months ago, Rhoades, 34, entered a guilty plea in Black Hawk County to criminal transmission of HIV, a Class B felony. Rhoades, whose only previous offense had been a 2006 operating-while-intoxicated conviction, was sentenced to 25 years in prison and a lifetime of parole — the most severe penalty available. In handing down his sentence, District Court Judge Bradley Harris allowed a 12-month window for reconsideration of the case. That reconsideration hearing, complete with letters for and against and evaluations of Rhoades, took place last Friday. That evening, Rhoades walked out of jail and began a five-year period of probation.

“There is no denying the fact that there was a victim involved and that [this] derailed his life for several months of uncertainty,” said Rhoades, referencing the consensual encounter he had with another man in early summer 2008 that led to his ultimate conviction.

“It’s something that I think anyone who is infected has been through. It’s frightening — not only for him, but for his family and friends. It disrupts everything in your life while you are going through that time of just not knowing. It can be terrifying. I know what it was like, and I never would have wished it on anyone else. So, I do understand exactly why he would feel the way that he did and does.”

The decision by Judge Harris to provide Rhoades “a taste of prison” and then significantly reduce the sentence to only probation came as a shock to Rhoades, who was expecting to remain behind bars for several years. But even as he sat in jail he began to notice what he termed as “inconsistencies” in his sentence even as it related to other felonies of the same class. For instance, another man who had brutally attacked his girlfriend and cut her throat was given a 15-year prison sentence.

“When compared to other crimes and other laws on the books, it seems [my sentence was] a stiff penalty — especially considering the fact that it wasn’t considered a violent crime, that it was a consensual situation between two adults and that there was no infection [of the victim] showing up to this day,” he said. “It does seem that 25 years is excessive to me.”

According to Iowa law, the fact that Rhoades did not disclose his status prior to having intimate contact with another person is the chief issue in determining guilt. That is, the Iowa law specifically states that actual transmission of the HIV virus does not have to occur in order for someone to have violated the law. Iowa code, written and adopted in 1998, also makes no allowances for other variances well known within the medical community as factors in determining the potential spread of the virus — condom use and viral-load counts. At the time of the encounter, Rhoades’ viral count was non-detectable, meaning that the possibility of him transferring the disease even without condom was greatly reduced.

“Unfortunately, lay men and even people within the judicial system are not up to date with how fast progress has been made,” Rhoades said. “I think that is a problem considering the law and how it is imposed and the sentences provided in conjunction with it.”

Although Iowa has laws on the books that are used in general public health areas, HIV is the only medical condition singled out for regulation by the state.

“It is the most stigmatized medical condition that I can think of,” said Rhoades, adding how humiliating it was for his status to be “strewn across the media” and become fodder for the gossip mill. He believes that there is still a lot of misinformation and a lack of understanding about the disease and its risks.

“My family is very, very close, but I do have a step-brother who is not informed — despite attempts by myself and other members of the family to educate him about HIV,” Rhoades said.

When Rhoades, his mother and step-father planned to visit, the step-brother specifically asked that Rhoades not come. The family had welcomed the addition of a new child and “he was afraid that somehow I was going to infect his baby.”

“It just goes to show how widespread the ignorance is — even when it is family and there is a first-hand opportunity for knowledge,” he said.

While in prison, Rhoades informed cell mates of his status to offer them the opportunity to change cell assignments if they were uncomfortable with his disease. One of the cellmates told Rhoades that he didn’t understand, that he believed that, regardless of condom use or other factors, anyone who had intimate contact with someone who was HIV positive would automatically be infected.

“Again, that’s just another example of ignorance of the virus,” he said. “Actually, I hate saying ‘ignorance,’ because I think that comes across as an insult and I don’t mean to be insulting. Perhaps ‘naiveite’ is a better way to put it.”

Now that Rhoades is on probation, he is attempting to get his life back on track. He has already checked in with state officials and has begun a job search, but he knows that life after prison or as a registered sex offender isn’t going to be easy.

“It’s difficult to fill out applications, you know? I’m a criminal and have to list that on the forms,” he said.

Prior to his conviction, Rhoades had volunteered with HIV/AIDS awareness and education groups. Although he wants to continue to help others and give back in that way, he isn’t yet comfortable with the idea of putting himself before large groups.

“In some ways this has been liberating,” Rhoades said, indicating that before the court case he had only openly shared such private portions of his life with family and close friends. “I’m not at all proud and I do take responsibility for my own actions and mistakes. But there is no denying that it is all out there now.”