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South Dakota

Former student charged with exposing two other students to HIV

Saturday, November 9, 2013

BROOKINGS, S.D. — A former South Dakota State University student is accused of intentionally exposing two other students to the virus that causes AIDS.

HIVDemetrius Colaites, 19, is charged with two counts of intentional exposure to HIV infection and one count of sexual contact with a person incapable of consent. He faces a maximum penalty of 40 years in prison on the three charges.

An 18-year-old student claims Colaites had unprotected sex with him and did not tell the student he was HIV positive, court documents show. Colaites is also accused of having sexual contact with a 19-year-old student, who claims he was too drunk to give consent. He is being held in jail on $20,000 bond.

The case is a reality check, SDSU student Jordan Determan told KELO-TV.

“It’s scary. That’s a life-changing event,” he said, responding to the idea of this happening to a fellow student.

A school spokesman told KELO in a statement that Colaites is no longer attending SDSU.

“Additionally, the university has numerous programs and services to educate students and ensure their wellness needs. We encourage our students to seek and utilize those services,” said Mike Lockrem, the school’s director of marketing and communication.

SDSU sophomore Savanna Ihnen said the case should convince people to learn more about HIV and how to practice safe sex.

“They try to educate us as much as possible, but it’s not really known around here, so we don’t talk about it on a daily basis. Now that he’s bringing it into the picture, I guess it’s going to be talked about now,” Ihnen said.

Court documents say Colaites has been HIV positive since birth

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30 more reader comments:

  1. such a horrible person…remember PROTECTION folks! Better to be safe than sorry.

    Posted on Sunday, November 10, 2013 at 4:18am
  2. I agree

    Posted on Sunday, November 10, 2013 at 4:21am
  3. The guy is a real ass :( but we all know about protection, any time you have sex you’re taking the chance

    Posted on Sunday, November 10, 2013 at 4:23am
  4. Timely reminder to not have unprotected sex.

    Posted on Sunday, November 10, 2013 at 4:27am
  5. more like timely reminder not to get tested and not to disclose if you get it... or not having sex at all

    Replied on Sunday, November 10, 2013 at 12:45pm
  6. If you don't disclose your HIV status, it is a crime and should remain so because of the huge gravity of the problem that causes other people.

    Replied on Sunday, November 10, 2013 at 12:47pm
  7. only stupid asses don’t fucking wear protection. ugh! just don’t have sex then if you won’t use protection. don’t nobody got time for aids, unwanted kids, or stds.

    Posted on Sunday, November 10, 2013 at 4:29am
  8. Amen to that! Aint nobody got time for that!

    Replied on Sunday, November 10, 2013 at 12:47pm
  9. It’s so easy to call this other person an ‘ass’, a ‘horrible’ person etc. The article does not mention whether or not the person in question was on medication for example. That would be an important piece of information. The real problem is the ongoing criminalization of people with hiv. It only furthers stigma, which lead to more people not disclosing. It’s a vicious circle. Everybody is responsible for their own safety.

    Posted on Sunday, November 10, 2013 at 4:32am
  10. That last sentence. THANK. YOU.

    Replied on Sunday, November 10, 2013 at 5:45am
  11. I disagree that having HIV since birth changes anything about the mandated nature of reporting HIV. HIV is not like other STIs, it is a life-threatening illness and not reporting it is extremely irresponsible. Yes, society stigmatises HIV sufferers too much, though thankfully less now days. But it isn't stigma that causes such laws- it is regard for other people and public health concerns. I also disagree that everyone is responsible for their own safety, people don't have sex taking into account the minutiae of the probability that other people might have other STIs, so it is imperative that HIV+ people disclose this fact as this isn't a risk that others can rationally factor in.

    Replied on Sunday, November 10, 2013 at 12:50pm
  12. Dan, I don't recall anyone stating that his status's origination changes the nature of the mandate; we're simply pointing out that a lot of facts are missing from the article. It begs the question, what else is this article leaving out? What are the circumstances of encounters related to the allegations? Was there actually any intent? But since you bring it up, if your contention that it isn't stigma that "causes" such laws were true, then by that logic people would have to disclose their Hep-C status which is known to take more lives these days than HIV. So please explain to me again how stigma doesn't play a role into public health laws. As for personal responsibility, do you blame a person who is newly infected and even after infection has tested negative for infecting others if they decide not to have protected sex? Putting the onerous completely on the infected only perpetuates the disease. One should assume at all times that one's partner is infected with any number of STIs at all times unless you have such a trusting relationship that ones STI status is unquestionable; even then I would presume some level of risk. To do otherwise is to be both ignorant and foolish.

    Replied on Sunday, November 10, 2013 at 1:24pm
  13. With a name like ‘Demitrius’ the message is clear. Don’t have sex with black people.

    Posted on Sunday, November 10, 2013 at 4:40am
  14. rick fowle it dont matter about race black or white can get hiv u dumb ass

    Posted on Sunday, November 10, 2013 at 4:47am
  15. THIS IS JUST PLAIN WRONG…..PLAY SAFE….DO NOT HURT OTHERS

    Posted on Sunday, November 10, 2013 at 4:49am
  16. Wow, this is not how I wanted my old university to make the news. /facepalm.

    Posted on Sunday, November 10, 2013 at 5:01am
  17. Good one Rick Fowlie, gotta love the ignorant comments. Remember that next time you are asking not to be judged..

    Posted on Sunday, November 10, 2013 at 5:07am
  18. yea cause your not responsible for your own safety. they weren’t worried about it when they didn’t use a condom so how is it all this dudes fault. sorry but i don’t believe that other dude was date raped. he found out that guy was poz and decided to just say that. why to you vicious pigs just kill all of us poz people so we don’t have to live around you dumb ass uneducated people and continuously be treated like monsters. that’s what the rest of you want to do anyway!!!

    Posted on Sunday, November 10, 2013 at 5:08am
  19. No, not really.

    Posted on Sunday, November 10, 2013 at 5:30am
  20. get real people hiv is REAL xo

    Posted on Sunday, November 10, 2013 at 6:57am
  21. The problem with this is why didn’t the other student insist on using protection? Unless the person was raped sex is a two way street.

    Posted on Sunday, November 10, 2013 at 7:40am
  22. since it is so easy to arrest someone who is hiv+ then soon no one will get tested and no one will ever disclose anything… everyday looks more and more like hiv people are one break up away from prison… a bitter ex lover now can make up a story and put them in prison for 40 years regardless if anything happened since the actual transmission of the virus is not even required in order to arrest. 30+ years of aids activism just went out the window in this country… congrats persecutors, your student loan debt will be finally paid by putting hiv population in prison one by one.

    Posted on Sunday, November 10, 2013 at 12:42pm
  23. I think some of you need to open a book and learn about the law. The part that makes what he did illegal is that he KNEW he had AIDS and had unprotected sex without warning his partners. Of course the others should have used protection. But the law says that if you knowingly transmit HIV/AIDS to someone who you have not warned about your status, then you have committed a crime. And I think that’s pretty reasonable. Seriously, if you have the virus, don’t you think you should be doing everything you can not to spread it?

    Posted on Sunday, November 10, 2013 at 2:07pm
  24. Plus, there are a handful of people who intentionally spread the virus to others. It seems to be about power, much like the power a rapist has over their victims.

    Posted on Sunday, November 10, 2013 at 2:08pm
  25. Just because something is law, doesn’t mean it is in any way just, fair or non-discriminatory, cf. slavery, segregation, sodomy etc. It is also the case that only some states in fact criminalize the non-disclosure of one’s status. And to repeat a point made earlier, non-disclosure is not the same as criminal intent. Just because a law says so, doesn’t make it so.

    Posted on Sunday, November 10, 2013 at 2:48pm
  26. Everyone is saying that the other people should’ve worn protection but what about the girl that was basically raped? The guy is an asshole. Yes we are responsible for our protection but anyone that has aids or HIV is now responsible for the rest of their lives to notify possible sexual partners about it. HIV is not something you can hide if you still want to have sex.

    Posted on Sunday, November 10, 2013 at 2:53pm
  27. This guy is sick, sick, sick!

    Posted on Sunday, November 10, 2013 at 3:02pm
  28. sorry for the comment but” being so drunk i cant say no” is also something i cant think of being insirational….

    Posted on Sunday, November 10, 2013 at 3:15pm
  29. Need more information to understand this situation.

    Posted on Sunday, November 10, 2013 at 9:38pm
  30. People who have HIV/AIDS and willingly pass it on to others need to be jailed on the same level as Rapists,Murderers and Paedophiles.

    Posted on Monday, November 11, 2013 at 2:29pm