The Prestrud v. Blanco case gives us one example of ways in which the law cannot enter our bedrooms: you cannot sue someone for having a sexual relationship with your spouse. Commonwealth of Pennsylvania v. Cordoba provides us with one example of how the courts *can* have a say in our sexual lives.

In Commonwealth of Pennsylvania v. Cordoba the Superior Court of Pennsylvania rules that Cordoba should be prosecuted for reckless endangerment for having oral sex with a sexual partner before disclosing that he is HIV +.

From “Pennsylvania Appellate Court Says It’s a Crime for HIV+ Man to Have Oral Sex” (also in the Summer 2006 edition of Lesbian/Gay Law Notes, page 29):

Section 2705 of the Pennsylvania criminal statutes provides, “Recklessly endangering another person: A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.”

Judge John T. Bender’s opinion tells us that Cordoba and his partner had a consensual sexual relationship which included approximately five to six instances of oral sex, during which neither man used a condom. Cordoba’s sexual partner started to suspect that Cordoba had HIV after finding prescription medication bottles with Cordoba’s name on them.

According to testimony Cordoba never ejaculated in his partner’s mouth, and the Superior Court “did note that there was no testimony that either of the participants suffered from open sores or other potential venues of transmission.”

“Approximately four to five days to a week after the last time the defendant and the alleged victim had oral sex with each other, the victim ‘confronted’ the defendant with the suspected HIV-AIDS prescription medication. The victim testified that he threatened to ‘expose’ (Defendant) to the people at the bar where they had met each other. During this verbal confrontation, the defendant admitted that he had ‘HIV or that he had AIDS.’

“The alleged victim became quite upset upon learning that the defendant may be HIV positive and subsequently he reported this to the police because he was very angry that the defendant failed to inform him that he was HIV positive before they engaged in consensual oral sex with each other.

Read more here.