Will Charlie Sheen’s Sexual Partners Be Able To Sue?

Charlie Sheen, known for his crazy partying and sexual exploits just announced that he is HIV positive and has been for the past four years. Apparently, people who knew he had the illness had been blackmailing him for a lot of money for their discretion. Say what you will about the dude, but announcing that to the world takes some serious balls considering the stigma surrounding the disease. Not surprisingly, that stigma has caused some problems for the Two and a Half Men actor. Ex-lovers and partners and even an on-screen love interest, Jenny McCarthy are coming forward with the question on everyone’s minds, can they sue him for not disclosing that he had the STD?

Charlie Sheen has made it very clear that once he knew he was diagnosed he got on the anti-viral medications, disclosed the information to his sexual partners, used condoms and even had some of his partners under his doctors care just to make sure they felt safe. However, one ex-partner has stated that he never told her he had the disease and that they used lambskin condoms which are not as effective in stopping the spread of STD’s. She was tested and came back negative for HIV, but still was it unlawful for him to not tell her? And now Jenny McCarthy, who played a love interest on the show Two and a Half Men is questioning his discretion considering there was some physical contact involved. She has explicitly stated she knows it cannot be contracted through kissing, but she said on her SiriusXM radio show, “I feel like in playing a love interest, you would think there would be some type of, I don’t want to say criminal issue, but I don’t even know how to feel about that.” Well according to California law, there is no criminal issue.

Under the California Health and Safety Code section 120291(a) “Any person who exposes another to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status, and acts with the specific intent to infect the other person with HIV, is guilty of a felony punishable by imprisonment in the state prison for three, five, or eight years.” So basically unless Charlie had unprotected sex with a partner knowing he had HIV with the specific intent of passing it to them he did not break the law.

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