Facts: Calvin Stark tested positive for HIV and was informed of his results on March 25, 1988. From June 30, 1988 to October 3, 1989 the staff at the Clallam Health Department had five meetings with Stark and he went through extensive counseling about his infection. Not only was Stark informed about safe sex, he was also informed about the risk of spreading the infection and the necessity of informing his partners before engaging in sexual activity. Upon learning that Stark was having sex without informing his partners of his HIV status, the public health head doctor, Dr. Locke, issued a cease and desist order on October 3, 1989 authorized by RCW 70.24.024(3)(b).
Stark continued to have sex with partners and on March 1, 1990, Dr. Locke sought the prosecutor’s assistance pursuant to RCW 70.24.034(1) to obtain judicial enforcement of the cease and desist order. The prosecutor advised Dr. Locke to file a police report and the State then charged Stark with three counts of assault in the second degree under the RCW 9A.36.021(1)(e).
Three victims testified that they had engaged in sexual intercourse with Stark. Each victim testified they had…show more content… State v. Aver, 109 Wn.2d 303, 306-07, 745 P.2d 479 (1987). If a person must guess as to the statute’s meaning and differ on applications, then the statute is unconstitutionally vague. O’Day v. King Cy., 109 Wn.2d 796, 810, 749 P.2d 142 (1988). A reasonable person would understand that the statute is not criminalizing HIV transmission to another non-human being. A reasonable person reading the statute would understand that the term refers to engaging in conduct that can cause another person to become infected with the virus. Stark engaged in unprotected sexual intercourse with other human beings after being counseled that such conduct would expose partners to the
