Published: Dec 17, 2013 4:43 PM EST

LEE COUNTY, Fla.- The motion to dismiss charges against a man accused of knowingly spreading HIV has been denied.

The case against James Redmond will go forward.

He's accused of having sex with another man, knowing he was HIV positive, and not telling him.

Redmond's lawyers had argued that sex between two men isn't actual sex under Florida law.