The Iowa Court of Appeals has upheld the conviction of an HIV positive Iowan.
Thirty-nine-year-old Nick Rhoades pleaded guilty to criminal transmission of HIV in 2009.
Rhoades was arrested in Black Hawk County after having sex with a man he met online. The man did not contract HIV, but says he only found out later from another source that Rhoades had HIV.
Rhoades was initially sentenced to 25 years in prison and registration on the state’s sex offender registry. The court suspended the prison sentence and he was placed on supervised release for a term of five years.
The court also says Rhoades engaged in unprotected oral sex despite wearing a condom during intercourse. The ruling says although transmission of HIV during oral sex is low, it is possible.
Rhoades also argued his attorney was ineffective but the court disagreed.