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Iowa Supreme Court tosses conviction in HIV case

By WTOP Staff

DAVID PITT
Associated Press

DES MOINES, Iowa (AP) — The Iowa Supreme Court on Friday threw out the conviction of a man who pleaded guilty to criminal transmission of HIV, a victory to activists who say laws in many states are outdated and based on fear instead of medical science.

Nick Rhoades, 39, of Plainfield, had appealed his 2009 conviction, claiming his attorney was ineffective by letting him plead guilty when there was an inadequate factual basis to support the plea.

The court’s ruling overturns the Iowa Court of Appeals, which had affirmed a Black Hawk County judge’s conviction based on Rhoades’ plea.

“This is a step away from fear and a step toward embracing reason and science and medicine and we’re just thrilled about it,” said Christopher Clark, one of Rhoades’ attorneys who works for Lambda Legal, a gay rights organization based in New York.

The ruling followed a decision by the Legislature in May to revise Iowa’s infectious disease transmission law, making people eligible for 25-year sentences only if they intend to transmit a disease without someone’s knowledge. That change was prompted largely by the Rhoades case.

The new law included a clause that will retroactively remove Rhoades and others convicted under the previous statute from required sex offender registration.

Rhoades had been sentenced to 25 years in prison and was required to register as a sex offender for life since Iowa’s law made HIV transmission a felony. After he appealed the sentence, the district court judge suspended it and placed him on probation for five years.

In the ruling, six of seven justices found there was insufficient factual basis to support Rhoades’ plea and returned the case to district court. Prosecutors must prove a factual basis existed for the plea. If they cannot, Rhoades must be allowed to withdraw his plea.

It wasn’t immediately clear whether Black Hawk County Attorney Thomas J. Ferguson would pursue prosecution further. A spokesman for the Iowa Attorney General’s office, which handled the appeals, said that decision is up to Ferguson.

“We anticipate that the county attorney will re-evaluate the case in light of the court’s decision and our office will provide any assistance of that review if requested,” said Geoff Greenwood.

Ferguson did not immediately respond to messages.

The court’s majority opinion written by Justice David Wiggins concluded intimate contact between Rhoades and the man he had sex with does not establish the necessary factual basis that an exchange of bodily fluid took place or that Rhoades intentionally exposed his partner in a way that could have transmitted HIV.

Rhoades had sex with a man he met in an Internet chat room. His attorneys argued there was no exchange of bodily fluid and the use of a condom indicates there was no intent to expose the partner to HIV.

Assistant Attorney General Kevin Cmelik has argued that intentional exposure is simply the act of having sexual contact with HIV present. Rhoades had been diagnosed with HIV in 1998 and has undergone antiviral treatment, which doctors said left the HIV viral load in his system undetectable.

The court found that intimate contact itself is not enough to establish a factual basis that an exchange of bodily fluid took place or that Rhoades intentionally exposed his partner.

Justice Bruce Zager wrote in a dissenting opinion that he believes there was enough evidence to support the guilty plea and conviction, based on “the acknowledgement by Rhoades that he had unprotected oral sex with the victim and his admission of intimate contact with the victim, combined with reasonable inferences based on common sense.”

Clark said Rhoades’ interest now is to have his conviction overturned so he is no longer branded a felon.

Thirty-nine states have HIV-specific criminal statutes or have brought HIV-related criminal charges resulting in more than 160 prosecutions in the United States in the past four years, Clark said.

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Follow David Pitt on Twitter at https://twitter.com/davepitt.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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