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HIV/AIDS transmission - To prosecute or not to prosecute?


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  • 6 months later...
What happened to Mr X?

 

Unfortunately, as far as I'm aware, he's still around and up to his old tricks.

 

To my knowledge, nothing came of the original report as (fortunately) the person in that particular instance turned out to be HIV -neg.

 

Just makes my blood boil. If I knew I had a life changing condition that was transferable through sex, then I'd take every precaution possible to prevent someone else having to go through what I'd been through.

 

Then again, I'm not a selfish a-hole.

 

oh, Stagey, thank God the person you referred to was HIV-. It must have been an agonising wait to find out that they had not been exposed.

 

HIV, as anyone with a hap'orth of sense knows, is an incurable, and usually fatal condition. Yes people who have contracted HIV and AIDS can have an almost normal life if they can be started on a decent regimen of the antiretrovirals, and the other cocktails of meds that can help keep this and ARC (AIDS -Related Complex) at bay, but the fact remains that it cannot be held at bay forever.

 

I have lost a (thankfully small) number of friends, male and female to this expletive of a disease. I wish it could be eradicated, forever.

 

My opinion is, that, someone like in the cases mentioned above, someone who is knowingly infected with the virus, who deliberately has unsafe sex with someone else, who is unaware of the other person's HIV+ status, definitely should be prosecuted, and if convicted, for their safety, and for the safety of the public at large, should be locked up for a very long time.

 

In saying that, I'm not trying to stigmatise anyone who has HIV, and who is using safe sexual practices. they aren't attempting to pass the virus on to another person.

 

There was a case in the US where a young girl was infected by her HIV+ dentist. He used dental instruments on himself, and then, (According to the report) without sterilising them, or anything, went on to use them on that young woman.

 

IIRC, the girl was 15 or 16 when this happened. The dentist later died of ARC. I don't know the fate of the young girl, but I remember she was very very ill, and was not expected to survive much longer, at the time she featured in the TV programme, (which is a few years ago now) so I'm presuming that she is no longer living.

 

Wasn't there a case in the UK, about eight years ago, (I seem to remember it was in Birmingham?) where a man was prosecuted for deliberately infecting a number of women with HIV?

 

I vaguely remember the news - story, It was that he had been diagnosed as being HIV+ and he was so angry about having contracted HIV, that he vowed to infect others, and spread it to as many people as possible(?).

 

Terrible.

 

And RIP, my friends, S, P and EJ-M. who succumbed to the "big disease with the little name"

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If CPS were to prosecute it would ordinarily be for GBH with intent - s18 Offences against the person act. In order for a prosecution to be initiated the police would look at the accuseds medical records to establish knowledge.

 

Alternatively CPS could charge with the less serious offence of s20 Assault (same Act as above) but also reffered to as GBH. Ordinarily this would be if person adopted a 'devil may care' approach and have therefore infected the person recklessly.

 

Sentences are comparitively low with a conviction often attracting 2-5 yrs imprisonment. I guess that this in part is to do with the fact that it takes 2 to tango and that a complainant ordinarily would have also had the choice to wear protection and to some extent therefore is accepting the risk of catching an STI.

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  • 6 months later...
Sorry just isn't good enough really, is it?

 

If you know you're HIV positive then you shouldn't have unprotected sex. End of.

 

I agree, it is the height of selfishness and irresponsibility.

 

"I am so sorry," Ms Benaissa told the court. However, she denied deliberately infecting anyone

 

If she were fully aware of her HIV status, how can she possibly deny deliberately infecting anyone, unless she were in such a state of denial about her condition?

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