Florida Defines Sex to Include Same-Sex Intercourse

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After a two-year deliberation, The Florida Supreme Court declared that “sexual intercourse” isn’t solely between a man and woman.

The decision comes from a Key West trial against a man charged with a third-degree felony for not disclosing his positive HIV status with his same-sex partner. Gary Debaun, according to Pink News, allegedly gave his partner a fake medical report claiming he was free of HIV.

He was charged in 2011, with prosecutors stating he admitted the charge in a recorded phone call.

In Florida law, it is illegal for an HIV-positive person to fail to disclose their status to someone they have “sexual intercourse” with. Debaun’s lawyer argued the 1986 law’s definition of “sexual intercourse” only applied to heterosexual sex.

The judges took to the dictionary to make the final decision.

“The term ‘sexual intercourse’ is commonly understood to broadly refer to several sex acts – including the sexual act at issue here,” the ruling stated, deciding that the term includes “acts beyond penile-vaginal intercourse” and was not meant to only include heterosexual sex.

With the decision, the case will now return to trial court to proceed.


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