Member Rara Avis
Yes, in the questions I offer, at least one if not both parties know that an actual case of AIDS is involved.
Actually, I think you just changed it again, John. If only one party knows, as was the suggestion in your original question, then yea, that person is guilty, though of exactly what they're guilty, I wouldn't even pretend to know.
If both parties are aware, however, you have an entirely different situation. It is no longer one person taking advantage of another, but two people drawing to an inside straight. Examine the science, and there is a clear suggestion those two people have a better chance of surviving the next several years than you and I do when we crawl into an automobile every day. Unprotected sex and driving on the freeway are both gambles, and I think a case could be made that both are potentially BAD gambles. Such arguments, however, rarely account for the positives. When you jump into your car to go to work, you get something in return for gambling with your life. Do you really want someone else saying that benefit isn't worth your life, so you won't be allowed to take it?