Malta: British man accused of rape, HIV transmission

June 10, 2009

A 41 year-old HIV-positive British man has been charged with rape and HIV transmission in Malta, and yet the details of the case do not add up at all.

According to the Times of Malta the “incident allegedly happened early on Sunday morning” and yet

It had since been confirmed, [Police Inspector Louise Calleja] said, that the victim was now carrying HIV.

It is impossible to detect HIV transmission so quickly, and if the woman is, indeed HIV-positive, then the accused man could not possibly have infected the woman.

It is also unclear whether the sex was, in fact, non-consensual.

Police Inspector Louise Calleja told the court that although the two had been drunk at the time, the incident could not be described as consensual, more so as the victim knew that the man was an HIV carrier.

The Malta Independent provides a little more detail.

Calleja told the court…that the accused and the alleged victim, also British, were drunk at the time of the incident, which happened in the small hours of Sunday morning. The victim and her boyfriend (another man) are said to have invited the accused and his girlfriend to their Gharghur home for drinks which is when the alleged assault took place.

The man has pleaded not guilty and remains in custody. Hopefully, more details will emerge that explains how the woman could have tested HIV-positive within 48 hours of the alleged sexual transmisison, and whether the sex was actually forced.

Malta has previously prosecuted one other person for criminal HIV transmission.