US: Michigan man accused of HIV non-disclosure during consensual sex with three different women improperly linked in news report with another local HIV case involving sexual assault; highlights confusion over use of same law to prosecute consensual and non-consensual acts

SAGINAW, MI — Prosecutors say a man they believe is HIV positive had sex with three women and did not inform them of the disease.

Joseph D, 47, is charged with three counts of sexual penetration with an uninformed partner.

The charge is a felony that carries a maximum penalty of four years in prison.

D’s arrest warrant alleges that he had sex with women who now are 52, 41, and 31. Police said D is HIV-positive and that D had sex with the women over the course of several years.

Prosecutors issued the charges on Feb. 9, and D turned himself in to authorities a week later on Feb. 16.

While the charge D faces is rare in Saginaw County, it is the second time in a month it was filed. Lonnie P faces that charge, along with two counts of first-degree criminal sexual conduct, in connection with a Jan. 28 incident in Saginaw.

In P case, prosecutors say P was HIV-positive when they allege he raped a woman on that date. The sex D is accused of having with the women listed in his warrant was consensual, prosecutors said.

In arraigning D on Feb. 16, Saginaw County District Judge M. Randall Jurrens entered a not guilty plea on his behalf and released him on a $30,000 personal recognizance bond that requires him to report daily to authorities.

D remains free and is scheduled for a March 2 preliminary hearing before Presiding District Judge Terry L. Clark.