Alleged Rapist With HIV Could Face Different Charges for Same Crime in Different States

Alleged rapist Carlton Tambaoga, 25, currently sits in the Denton County jail after his arrest for aggravated sexual assault, his second arrestthe Carrollton police believe the suspect is HIV positive and that there might be other victims not only in North Texas, but in Houston and Atlanta.

Because the suspected assaults happened in Texas, Tambaoga won’t face any charges that are specifically related to his HIV status. Instead, that illness plays into his being charged with aggravated assault instead of standard assault, although according to the department, it wasn’t the sole reason. However, the charges may very well look different if he ends up being charged with sexual assault in Georgia.

There is no criminal law specifically against the exposure or transmission of HIV or other sexually transmitted diseases in Texas. Once there was such a law, but it was repealed in the 1990s . That’s not to say it’s legal to transmit or expose sexual partners to STDs without first disclosing the status, however.of six counts of aggravated assault with a deadly weapon in a Collin County court for knowingly exposing and infecting six sexual partners to HIV.

Tuegel remembers hearing the discussion involving how civil rights played into the repeal of the Texas HIV criminalization laws in 1994.

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