DES MOINES, Iowa (AP) — A gay rights organization says it will appeal to the Iowa Supreme Court the conviction of an Iowa man charged with violating the state’s HIV transmission law.
Lambda Legal, a Chicago-based gay rights group, says it is appealing the conviction of Nick Rhoades, an HIV-positive Iowan who had a one-time sexual encounter in 2008 with another man during which they used a condom.
The group says it is asking the state’s highest court to review the case. The Iowa Court of Appeals ruled Oct. 2 that Rhoades had violated the HIV transmission law. Rhoades must register as a sex offender for life.
Lambda Legal says appeals court judges misinterpreted Iowa’s law because a person using a condom as Rhoades did does not have the intent required to support a conviction.