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A Week Later: 5 Questions from the Darren Chiacchia Arrest


If you just came back from a three-week hike in the Sahara and didn't take along a computer with a wireless card, click here and scroll down for full information on Darren Chiacchia's arrest last week.

1) How does this story affect the public's perception of eventing and equestrian sport?  ESPN, USA Today, and Sports Illustrated all covered the story by publishing the same AP release.  This makes it one of the few non-racing sport horse stories that will be covered by the national media in 2010, and serves to support many unfair and incorrect misconceptions about equestrianism.  I can only imagine what Joe Six-Pack said about riders when he read the story on ESPN; there is no positive way to spin this.  Many people might not care what non-horse people think about our sport, but any increase in fans, sponsorship, or membership is closely affected by our sport's image.

2) How should the eventing media cover negative news?  The Tiger Woods fiasco presented an interesting paradox in journalism because the only media outlets not talking or writing about Tiger's affairs were the golf channel and publications.  Similarly, the story drew attention from international horse outlets, such as Horse & Hound, and national US outlets, such as ESPN and SI, the two largest eventing news sites in the US, USEA and COTH refrained from even mentioning the incident.  While EN took a different approach, I think ignoring the story was a valid course of action, and our friends at those outlets certainly avoided a lot of criticism that we took here.  We chose to publish the incident because many, many people wanted to know what happened-- and rather than let rumors run wild, we felt offering the facts of the police report was the right thing to do.  It is a sad situation, and we will avoid making judgments of those involved.
 
3) What medical information should we require riders to disclose when that information could help protect volunteers and competition officials but might violate a rider's right to privacy?  This topic received a lot of interesting discussion on the COTH Forum before the threads were shut down, and those discussions led to this question:  In a situation such as HIV, where a volunteer could be placed at risk by assisting an injured (bleeding) rider, should we require disclosure by the riders?  One solution that would protect both the volunteers and the rider privacy would be to ban volunteers from touching injured riders, waiting instead for medical personnel; but this seems hard to ask and impossible to enforce in the heat of the moment. 

 
4) What is next for Darren?  Without speculating, it is worth noting that we are talking about a felony charge, and that the police report claims that the Sheriff's department has a tape of Darren admitting to both knowing of his positive test and not disclosing those results.  It is in the hands of the court system now, and all we can hope for is that lady justice prevails.  

5) Does the Florida law in question prosecute a victimless crime if the 'victim' does not contract an STD?  This is a dangerous one, but the US justice system seems to have no problem prosecuting crimes between two consenting adults.  In some sense though, it does seem extreme to potentially send someone to jail for years when no one was physically or materially harmed.  It all comes back to the issue of whether or not the justice system is meant as a deterrent or punishment, but in this case it is certainly being used as a deterrent if the victim does not contract an STD.

7 Comments

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1. You are still reporting this as if Darren were already tried & found guilty.

2. Disclosure of medical information, as a topic, is interesting, but you have taken a very narrow viewpoint regarding HIV. It would be better to brief volunteers and provide them with a rubber glove/CPR mask emergency kit - as they are unlikely to check the medical armband prior to touching a downed rider anyway. Especially in light of this whole incident - volunteers should not assume any rider's fluids are safe - and how on earth would you enforce a rule requiring disclosure of medical information? Secretaries can't be expected to start searching peoples' medical records, surely?

3. There are plenty of crimes that are "victimless", if that's how you choose to characterize them: conspiracy, attempted murder, attempt to defraud etc. In this case, the language of the crime is clear - it is not whether the other party contracts HIV, it is whether the alleged criminal fails to disclose his or her HIV status.

Hey Anon, thanks for the comment. In response:

1) Could you please point to a particular sentence or phrase where we report that Darren has been "already tried and found guilty?" I promise you that if we were reporting that, we would say something like "Darren has been tried and found guilty." I can point to several sentences where we have specifically reported that Darren has NOT been tried and found guilty, such as "Thankfully, in the United States, all suspects are innocent until proven guilty, and anyone who makes assumptions of guilt at this point is being absurd." in our 'Darren Chiacchia HIV Case Update' post.

2) Your point about simply providing volunteers with gloves and a medical briefing is an excellent one, and probably the best solution that I have heard so far. Excellent point.

3) I agree with your identification of other victimless crimes, I just posed the question as something to think about.

It would make far more sense just to educate all volunteers in the principle of universal precautions. You treat ALL bodily fluids as if they can infect you with a deadly infection. That is the standard practice for any medical professional or trained first aid responder; this is how you (a) maximize your safety (since patients will not necessarily know they are infected at the time of incident so any disclosure policy just gives you a false sense of safety), and (b) respect the privacy and dignity of all patients at the same time.

This is basic first aid training; it's not difficult to provide the same information to volunteers along with all the other event info they get. How easily they can employ universal precautions without practice/formal training, or without the right supplies readily on hand, etc. will vary, of course. But those variables would not be changed by their knowing that the person was infected.

One question I had about the law was what was meant by "multiple violations" (or words to that effect) making it a 1st class felony. Unless there is a list of definitions in the law that I missed, that could mean either multiple victims, or multiple exposures/acts. The risk to the partner increases with each exposure, so it would seem that multiple exposures would make it a more severe offense regardless of how many separate victims there were. Obviously this would be very hard to prove within the context of a relationship whereas it's much easier to "prove" multiple partners.

I think it is also important to raise a 6th question, and that is whether eventers need to be better educated about the possible lasting effects of head trauma on personality and decision-making skills. Independent of whether the charges are true, we have a teachable moment regarding the risks of our sport that should not be wasted. Bones can mend; brains often cannot.

>>Anonymous: I agree that education for volunteers is a good solution, but, as always, the implementation will lead to more regulations and hassles for organizers. Will this information have to be conveyed to the volunteers at briefings before each event? If so, a qualified instructor would have to be on hand at that time, and we all know how rushed those 7:30am fence judge meetings can be. Perhaps that means we should go to a volunteer certification program, but of course we already have issues finding enough volunteers as it is.

As for your question about the law, I do not have an answer. While my parents might want me to go to law school, I have held out so far, and I do not want to speculate with my uneducated interpretation. Thanks for you comments.

Give me a break, he knew he was HIV positive, had sex with his partner, it's only pure chance his didn't contract the disease. He could have easily contracted it as not. So you hold up someone at gunpoint and shoot them- and they don't die- so that's ok, since they didn't die? His actions were reckless and without regard to the consequences of his actions, which clearly have the potential to be deadly. Where did personal accountability go? If he cared one iota about his condition, he would have had protected sex, but he didn't care about his sexual parnters who could easily die from his condition. That my friends- is criminal.

Give me a break, he knew he was HIV positive, had sex with his partner, it's only pure chance his didn't contract the disease. He could have easily contracted it as not. So you hold up someone at gunpoint and shoot them- and they don't die- so that's ok, since they didn't die? His actions were reckless and without regard to the consequences of his actions, which clearly have the potential to be deadly. Where did personal accountability go? If he cared one iota about his condition, he would have had protected sex, but he didn't care about his sexual parnters who could easily die from his condition. That my friends- is criminal.

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