Not since Earvin “Magic” Johnson’s announcement in 1991 has HIV been so much the focus of professional sports talk. Since his arrest last Friday, 29-year-old Trevis Smith, a linebacker for the Saskatchewan Rough Riders, has been the centre of much negative public attention. Charged with aggravated sexual assault, Smith stands accused of knowingly carrying the HIV virus without telling his sexual partner, a woman from Surrey, B.C. It is alleged that they carried on an adulterous affair for almost a year and a half.
Aggravated sexual assault is the strongest type of assault allegation. The word aggravated is used when the alleged perpetrator was armed with a deadly weapon disguised as something else, in order to get what he wanted. Even if the sex was consensual, it did not matter because her consent was not properly informed. If the allegations are true, she did not know what she was consenting to.
The RCMP released a statement informing the public that Smith has HIV, saying the statement is an unusual step to take, but that they consider it a matter of public safety. HIV is the virus that can lead to the fatal AIDS virus.
To further complicate matters, the Roughriders management has known about Smith’s condition for more than a year. Last fall, the Roughriders’ GM was apparently contacted regarding the possibility of charges being laid against Smith by a women in Regina, Sask. He asked Smith to be tested for HIV at that time, but the CFL has neither the right nor the obligation to release this information under Canada’s Privacy legislation.
This legislation was created as a way to protect the privacy rights of the individual. Each person has a right to their privacy, especially in health-related issues that will greatly affect how others view them. Employers also have no right to fire their employees based on such a discovery.
But the minute an individual endangers the lives of others by keeping the information secret, those affected should have the right to know.
That Smith plays football was not a good enough reason to publicly announce that he was HIV-positive. An NFL study conducted in 1992 concluded that the chances of contracting HIV on the field are about 1 in 85 million. Basically both athletes would have to have a cut on a major artery and to mix their blood for the virus to be transmitted.
Smith, as an individual, has a right to his privacy. But what about the rights of the individuals whose lives he may have endangered? They had a right to know Smith was infected before they chose to sleep with him.
The Canadian Public Health Safety Association has created information packages to distribute to all nine CFL teams, to teach players about HIV/AIDS and inform the management about how to deal with a team member that is infected. It will include facts about HIV, privacy information and information on discrimination.
If nothing else, Smith’s case going public has brought the still prevalent HIV issue squarely into the public eye. The importance of safe sex and getting tested hasn’t diminished, and if anything it’s only gotten more necessary. According to the Public Health Agency of Canada, about 39 million people worldwide are living with AIDS. At the end of 2002 about 56,000 Canadians had the disease.
HIV and AIDS are deadly diseases and those who contract them have a responsibility to inform those with whom they’re sexually involved. No individual right should supersede the responsibility to inform others that their lives could be in danger.
It’s unfortunate that it takes this kind of high-profile case to remind the public of the continuing threat posed by HIV. The only person you can trust, when it comes to this disease, is yourself.
