HIV case headed to Minnesota Supreme Court draws national interest

At issue is a 17-year-old Minnesota law that criminalizes transmission of the disease.

Medical experts and civil liberties advocates nationwide are weighing in on the Minnesota Supreme Court case of an HIV-positive Twin Cities man convicted and later cleared of a felony for having unprotected sex, arguing that the 17-year-old state law under which he was convicted should be rewritten in the interest of science and justice.

At issue is Daniel Rick’s felony attempted assault conviction in Hennepin County, even though a jury found he informed his partner he was HIV positive. His attorneys argued that the law he was convicted of applied to medical procedures, not sexual intercourse. Opponents of the law argue that it has a chilling effect on the rights of those who are HIV positive to engage in consensual sex when they’ve informed their partner.

The American Civil Liberties Union, Minnesota AIDS Project and a handful of national groups have filed friend-of-the-court briefs in State of Minnesota vs. Daniel James Rick. Oral arguments have not yet been scheduled in the case, but are expected to draw intense interest nationwide.

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