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US: Man charged with aggravated assault in Pennsylvania for spitting at police and yelling he was HIV-positive

Man spits in hospital security guard’s face after yelling he’s HIV–positive following DUI arrest: police
March 26, 2020

Published in Lancaster Online on March 24, 2020

Man spits in hospital security guard’s face after yelling he’s HIV-positive following DUI arrest: police

A Coatesville man kicked out a state trooper’s back window, yelled he was HIV-positive and spit ihospital security guard’s face after being pulled over in East Lampeter Township for driving erratically on Sunday night, according to Pennsylvania State Police.  

T.S., 33, was pulled over on Monday at 2:26 a.m. after troopers followed his 2001 Cadillac DeVille for 6 minutes, watching him run a red light and cross the center line “several times,” police said in an affidavit of probable cause.  

Police said that S. was acting agitated and his mouth appeared to be dry. When police asked him to step out of the car for a field sobriety test, he refused and had to be removed by two troopers, according to the affidavit 

The troopers had to “struggle” with S. before arresting him, police said.  

In the back of the state trooper’s car, S. started yelling “in an incoherent manner” and repeatedly kicked the window and door, finally breaking the window and damaging the door, causing $1,500 in damage, police said.  

Police took S. to Lancaster General Hospital for a medical evaluation and to get blood drawn, and had to be assisted by “various” hospital security guards to get S. on the gurney, police said.  

S. continued yelling incoherently, said he was HIV-positive and then spit in the face of a hospital security guard, police said.  

He was charged with felony count of aggravated assault, misdemeanor counts of driving under the influence, criminal mischief and resisting arrested and three summary driving offenses, according to the affidavit.

S. is in Lancaster County Prison after failing to post $75,000 bail.   

US: Lawmakers fail to pass HIV modernization bill in Florida

Ending the Epidemic in Florida Must Include Ending HIV Criminalization
March 20, 2020

Ending the Epidemic in Florida Must Include Ending HIV Criminalization

“Lawmakers Finally Pass HIV Modernization Bill in Florida to End HIV Epidemic by 2030.”

This should have been the headline at the end of the Florida legislative session in Tallahassee, which concluded on March 12. Instead, Florida lawmakers missed the opportunity to pass common-sense legislation for an easy bipartisan win that could benefit all Floridians. The HIV modernization bills sponsored by state Rep. Nick Duran and Sen. Jason Pizzo would have modernized Florida’s outdated HIV-specific laws written in the early ’80s, which do not reflect the scientific and social reality of HIV today. Florida is both the epicenter of the HIV epidemic in the United States and one of the states that continually sends people to prison for nondisclosure of HIV status. If we’re ever going to end the HIV epidemic in the U.S., we will have to end it in Florida. And we have to end HV criminalization in the state to achieve the goal of ending the epidemic.

The HIV prevention bills in the Florida House and Senate introduced this year were designed to align Florida’s outdated HIV laws with the current science of prevention and treatment. The new law would have required actual HIV transmission in order to convict—but it allows for exceptions “if he or she in good faith complies with a treatment regimen prescribed by his or her health care provider or with the behavioral recommendations of his or her health care provider or public health officials to limit the risk of transmission, or if he or she offers to comply with such behavioral recommendations, but such offer is rejected by the other person with whom he or she is engaging in sexual conduct.” It would also reduce harsh penalties (from a felony to a misdemeanor) for nondisclosure. Lastly, the bill would allow for organ donation between people of shared HIV status, which has been legal at the federal level since 2013.

While the bill did not advance this session, lawmakers did demonstrate resounding support for updating Florida’s law that makes it a felony for someone living with HIV to donate organs, tissue, blood, or plasma to someone else living with HIV. A provision to remove the felony and allow for such donations was added into a bill that unanimously passed the House and a bill that unanimously passed the Senate. Unfortunately, neither bill ultimately made it to the governor’s desk to be signed into law. According to a report by the Williams Institute, an average of 35 people are arrested in Florida every year for HIV-related offenses all across the state, but mainly in Central and North Florida.

The provision doesn’t just benefit people living with HIV by expanding their potential donor pool; when anyone receives an organ, everyone on the organ-donor waiting list benefits by being bumped up a spot. Last year, the national story of Nina Martinez and the first successful transplant of a kidney between two people of shared HIV status gave hope to those people who could benefit from the practice.

“Allowing patients with HIV to donate organs to people living with HIV who need them is just common sense,” said Howard Grossman, M.D., an HIV physician and researcher based in South Florida. “Organ donation already involves extensive screening, testing, and informed-consent protocols. What reason could rational people have to deny lifesaving therapy when it is readily available? Many states have already approved such procedures, with excellent results.”

But the states, including Florida, have more work to do. The Trump administration announced Ending the HIV Epidemic: A Plan for America in February, 2019. The end of HIV was mentioned again in the latest State of the Union address. The plan aims to reduce HIV transmissions by 90% by 2030. It allocates funding to the most impacted areas identified by the Centers for Disease Control and Prevention, including seven states, two cities, and 48 counties where at least 50% of people living with HIV in the U.S. currently reside, areas that have some of the highest diagnosis rates in the country. Most of those jurisdictions are in the southern states, and seven Florida counties have been identified as focus areas in the initiative (Broward, Duval, Hillsborough, Miami-Dade, Orange, Palm Beach, and Pinellas counties).

Fixing outdated criminalization laws must be part of the calculus when policymakers consider the range of social determinants of HIV. Without reforming laws that unjustly criminalize people based on their HIV status, we cannot end the epidemic. The American Medical Association has opposed HIV criminalization since 2014, when the organization published a statement calling for the modernization of laws as part of a public health response to the epidemic. Current Florida law criminalizes people living with HIV, working against public health policy by keeping people from seeking testing and treatment.

Florida saw broad, bipartisan support for HIV modernization last session, when House and Senate committees passed the HIV modernization bills, even though they ultimately did not pass the full chambers. We hope for broader HIV criminalization reform from the Florida Legislature. Last year, the Florida Infectious Disease Elimination Act (IDEA) was passed, expanding needle-exchange programs throughout the state. This law built on the success of a pilot project implemented by the University of Miami to help reduce HIV and hepatitis C transmissions, spearheaded by HIV advocate and professor Hansel Tookes, M.D., M.P.H.

The Florida HIV Justice Coalition represents just part of the worldwide HIV criminal reform movement, which has the support of major organizations and professional groups like the World Health Organization, American Medical Association, UNAIDS, and the Presidential Advisory Council on HIV/AIDS (PACHA).

There is no hyperbole in the claim that the current HIV modernization legislation will affect the lives of all Floridians. This session’s progress toward modernizing organ donation was an important step in the road to fully modernizing the HIV-specific laws of the state. Modernizing organ donation is long overdue, and its potential to save lives cannot be underestimated. The inclusion of people living with HIV as organ donors can also eliminate some of the undue stigma still prevalent in our state. That stigma underlies all of Florida’s outdated HIV laws.

The time to fully modernize Florida’s outdated HIV laws is now.

UK: Woman accused of HIV exposure in Scotland for allegedly spitting blood at someone

Woman ‘spat blood at someone to deliberately infect them with HIV’
March 20, 2020

Published in Metro on 19th March 2020

Woman ‘spat blood at someone to deliberately infect them with HIV’

A woman with HIV is accused of posing a risk to another woman’s health by deliberately spitting blood at her. J.O., 36, allegedly acted in a culpable and reckless way by spitting on M.W. when she knew she was carrying the virus. By doing so she caused a risk to Ms W’s health and put her at risk of contracting HIV, it is claimed. O. is further charged with injuring Ms W. after grabbing her hair and dragging her to the ground during an assault at a house in Gourdie Park, Dundee, on November 15 last year. She is said to have lay on top of her and repeatedly punched her in the head before clawing at her face and wrenching off her necklace. She also denies damaging a phone by knocking it from her alleged victim’s hand and chucking it to prevent her calling the police.

O., an amputee, appeared in the dock at Perth Sheriff Court in a wheelchair where she also denied additional charges of acting in a threatening or abusive manner towards Ms W. and J.O. by demanding cash from them. She admitted breaching bail conditions not to approach Mr O. by doing so on November 15 and again five days later. Fiscal depute Eilidh Robertson told Perth Sheriff Court that she expected O’s trial to last two days and the case was adjourned until March 30.

 

Russia: Man to face trial for alleged HIV transmission in Umba

A Umba resident will go to trial for deliberate HIV infection.
March 12, 2020

Published in Nord News on March 11, 2020 – Automatic translation via Deepl.com, for article in Russian, please scroll down.

A Umba resident will go to trial for deliberate HIV infection.

A Umba resident will go to trial for intentionally transmitting HIV. According to the prosecutor’s office, the man was notified by the colony’s medical workers back in 2009 that he had a disease.

– And from July 2018 to January 2019, knowing that he had HIV, he lived with a resident of the colony and repeatedly had sexual intercourse with her unprotected by contraception, without warning her about the presence of HIV, and infected her with the last infection,” said the supervising authorities of the region.

The criminal case was sent to the Kandalaksha Court. A man faces up to five years in prison.

Earlier it was reported that in 2019, 432 new cases of HIV infection were registered in the Murmansk region. In total on the territory of the region since 1990 7140 HIV-positive people, from them 7010 – citizens of the Russian Federation, 130 – foreign citizens.


 

Житель Умбы пойдет под суд за умышленное заражение ВИЧ

Житель Умбы пойдет под суд за умышленное заражение ВИЧ своей пассии. Как сообщили в прокуратуре, мужчина еще в 2009 году был уведомлен медработниками колонии, что имеет заболевание.

– А с июля 2018 года по январь 2019 года он, зная о наличии у него ВИЧ, проживал с жительницей поселка и неоднократно вступал с ней в незащищенные средствами контрацепции половые акты, не предупредив ее о наличии у него ВИЧ, и заразил последнюю  инфекцией, – уточнили в надзорном ведемстве региона.

Уголовное дело направлено в Кандалакшский суд. Мужчине грозит до пяти лет лишения свободы.

Ранее сообщалось, что в 2019 году в Мурманской области зарегистрировано 432 новых случая ВИЧ-инфекции. Всего на территории региона с 1990 года 7140 ВИЧ-положительных, из них 7010 – граждане РФ, 130 – иностранные граждане. 

US: New report by the Williams Institute finds that Florida’s HIV criminal laws undermine pubic health efforts

Florida’s HIV criminal laws undermine public health efforts
March 12, 2020

Florida’s HIV criminal laws undermine public health efforts

For Immediate Release
March 12, 2020

Media Contact
Rachel Dowd
dowd@law.ucla.edu
(310) 206-8982 (office) | (310) 855-2696 (cell)

The laws deter testing, disclosure, and other HIV prevention strategies

Florida’s HIV criminal laws may undermine the state’s public health efforts by deterring people from seeking HIV testing and treatment, stigmatizing those with HIV, and disproportionately affecting the communities most impacted by HIV, including people of color, women, LGBTQ people, and the formerly incarcerated, according to a new report by the Williams Institute at UCLA School of Law.

HIV criminalization is a term used to describe laws that either criminalize otherwise legal conduct or that increase the penalties for illegal conduct based upon a person’s HIV-positive status. Florida has four HIV-specific criminal laws.

Using data from the Criminal Justice Information Services at the Florida Department of Law Enforcement, researchers found that from 1986 to 2017, there were 266 convictions under Florida’s HIV criminal laws—approximately eight convictions per year.

None of the convictions required intent to transmit HIV as an element of the crime, and none required actual transmission of HIV.

“HIV is treatable, preventable, and harder to transmit than was thought in the early years of the AIDS epidemic when Florida’s HIV criminal laws were passed,” said lead author Brad Sears, the David Sanders Distinguished Scholar of Law and Policy at the Williams Institute. “Enforcement of these laws disproportionately stigmatizes the very communities Florida needs to engage to combat HIV.”

This research was generously funded by a grant from the Elton John AIDS Foundation.

Read the report

Kenya: 20-year-old house-help prosecuted for allegedly exposing her employer’s baby to HIV through breastfeeding

Maid in court for ‘infecting employer’s baby with HIV through breastfeeding’
March 12, 2020

Published in Nairobi News on March 11, 2020

Maid in court for ‘infecting employer’s baby with HIV through breastfeeding’

A 20-year-old house-help has been charged with deliberate transmission of HIV after she allegedly breastfed her employer’s baby.

The maid is said to have breastfed the two-year-old child of a police officer in Kiganjo in Nyeri where she had been working. Court documents show that the incident occurred at around 3pm on Monday.

She was arrested and held at the Kiganjo police station before being taken to court on Wednesday morning.

She appeared before Principal Magistrate James Macharia at the Nyeri Law Courts where she denied two sexual offences.

In the first count, she was charged with deliberately infecting a two-year-old child with HIV contrary to the Sexual Offences Act. The matter of HIV tests was not fleshed out in court on Wednesday; it will be discussed during subsequent proceedings.

In the second count, she was charged with engaging in an indecent act with a minor after it emerged that she had also defiled the minor.

The accused denied both charges levelled against her.

Mr Macharia ordered that she be released on a Sh300,000 bond.

[Update]US: Bill progresses to the State Senate after Georgia House approves proposed reform to HIV criminalisation laws

Georgia House Passes HIV Criminal Justice Reform
March 12, 2020

Published in WABE on March 12, 2020

Georgia House Passes HIV Criminal Justice Reform

The Georgia House voted to approve HIV criminal justice reforms Thursday. It still needs approval by the state Senate to become law.

Republican Rep. Deborah Silcox shepherded the bill through.

“It is my sincere hope that this bill will reduce the number of cases in Georgia and that one day soon, we can eliminate HIV in Georgia and in our country,” she said on the House floor.

Nearly 30 per 100,000 residents in Georgia were HIV positive in 2018, the second-highest rate in the country.

Currently, people can go to prison for up to 10 years for not disclosing that they have HIV in situations like sharing a needle, donating blood, or having sex. The new proposal would punish people with up to five years behind bars only if the intent to infect someone could be proven.

Democratic Rep. Sam Park co-sponsored the bill.

“HB 719 updates our lives to reflect best public health practices for preventing and treating HIV, which will save tens of thousands of lives in Georgia,” he said.

According to the Williams Institute at the UCLA School of Law, there were 571 arrests in Georgia under these laws between 1988 and 2017.

“It is time to end the fear and stigma. Too many Georgians do not get tested because they are still scared,” Park said. “It is time we do our part to help our fellow Georgians get the testing, treatment and prevention they need.”

“As we face a new pandemic, it is my sincere hope that we will continue to stand united to protect the lives of Georgians,” he added, in reference to the coronavirus pandemic.

As Republican Rep. Sharon Cooper pointed out when the bill passed out of committee last month, science about the virus has changed a lot since the laws were written in the 1980s.

“It is time for us to remove part of the stigma that keeps people that are HIV positive from getting treatment or even go to be identified, which then puts the rest of our population at risk for further infections,” she said.

“The law as it currently stands is really a holdover from a time when there was a lot of fear, a lot of stigma, and the science was really incomplete,” said Jeff Graham, executive director of Georgia Equality in a previous interview.

“With the tools we have today to prevent HIV transmission, there’s no reason that our law should be as punitive and stigmatizing as the current law is.”

He said the change “goes a long way to fighting HIV in Georgia.”

Graham explained that two major health breakthroughs have changed things, specifically: access to pre-exposure prophylaxis (or PrEP) that helps prevent HIV infection and the idea — promoted by the CDC — that with treatment it’s possible to prevent an HIV-positive person from transmitting the virus.

Graham said the new bill would provide those living with HIV a “strong defense” if charged with the crime.

“Right now, the burden has just been on the person living with HIV that they did disclose their HIV status,” he said. “And how do you effectively do that? How do you prove what happened in a conversation?”

“The current law is dangerous,” said HIV-positive activist Nina Martinez at the committee meeting. “People assume it’s safe to disclose when people have been harmed or even killed for disclosing. Just because people don’t want to disclose, it’s not criminal intent.”

Additionally, existing law allows punishment for up to 20 years in prison if someone living with HIV assaults a peace or correctional officer “using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces.” That section has been removed in the proposed reform, which also fits with modern science, Graham said.

“The science is very clear: people do not contract HIV through those sorts of bodily fluids [like saliva, urine or feces]. It really is blood-to-blood contact. Through sexual intercourse,” he said. “Those are the only ways that people are become infected with HIV. The science is really solid about that.

“It’s really important the laws don’t reflect simple untruths.”


State Lawmakers Move Forward With HIV Criminal Justice Reform Proposal

A panel of Georgia state lawmakers unanimously approved proposed reforms to laws that punish those living with HIV for failing to disclose their diagnosis.

Currently, people can go to prison for up to 10 years for not disclosing that they have HIV in situations like sharing a needle, donating blood, or having unprotected sex. The new proposal would punish people with up to one year behind bars only if the intent to infect someone could be proven.

According to the Williams Institute at the UCLA School of Law, there were 571 arrests in Georgia under these laws between 1988 and 2017.

As Republican Rep. Sharon Cooper pointed out, science about the virus has changed a lot since the laws were written in the 1980s.

“It is time for us to remove part of the stigma that keeps people that are HIV positive from getting treatment or even go to be identified, which then puts the rest of our population at risk for further infections,” she said.

“The law as it currently stands is really a holdover from a time when there was a lot of fear, a lot of stigma, and the science was really incomplete,” said Jeff Graham, executive director of Georgia Equality.

“With the tools we have today to prevent HIV transmission, there’s no reason that our law should be as punitive and stigmatizing as the current law is.”

He said the change “goes a long way to fighting HIV in Georgia.”

Nearly 30% of adults in Georgia were HIV positive in 2018, the second-highest rate in the country.

Graham explained that two major health breakthroughs have changed things, specifically: access to pre-exposure prophylaxis (or PrEP) that helps prevent HIV infection and the idea — promoted by the CDC — that with treatment it’s possible to prevent an HIV-positive person from transmitting the virus.

Graham said the new bill would provide those living with HIV a “strong defense” if charged with the crime.

“Right now, the burden has just been on the person living with HIV that they did disclose their HIV status,” he said. “And how do you effectively do that? How do you prove what happened in a conversation?”

“The current law is dangerous,” said HIV-positive activist Nina Martinez at the committee meeting on Tuesday. “People assume it’s safe to disclose when people have been harmed or even killed for disclosing. Just because people don’t want to disclose, it’s not criminal intent.”

Additionally, existing law allows punishment for up to 20 years in prison if someone living with HIV assaults a peace or correctional officer “using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces.” That section has been removed in the proposed reform, which also fits with modern science, Graham said.

“The science is very clear: people do not contract HIV through those sorts of bodily fluids [like saliva, urine or feces]. It really is blood-to-blood contact. Through sexual intercourse,” he said. “Those are the only ways that people are become infected with HIV. The science is really solid about that.

“It’s really important the laws don’t reflect simple untruths.”

The bill now moves to the rules committee, which decides whether to move it to the full chamber.

US: Police goes on ‘fishing expedition’ for complainants against man accused of HIV non-disclosure in Florida

Man accused of having sex without disclosing HIV status; Jacksonville police seeking possible victims
March 11, 2020

From CBS47/ FOX30, on March 10, 2020

Man accused of having sex without disclosing HIV status; Jacksonville police seeking possible victims

JACKSONVILLE, Fla. — The Jacksonville Sheriff’s Office is seeking possible victims after it arrested a man accused of having sexual intercourse without disclosing his HIV status.

As a result of their investigation, police released a picture of a 29-year-old-man in hopes that other possible victims may come forward.

According to Duval County jail records, the man was arrested Friday. His bond is set at $15,003.

It is unlawful in Florida for someone to know they have HIV and have sexual intercourse with another person without disclosing status.

Russia: Criminal case starts in Kemorovo against 42-year-old man charged with alleged HIV transmission

A man infected a Kemerovo woman with the dangerous HIV virus and was brought to trial.
March 9, 2020

Published inugpressa.ru on March 4, 2020. Translated with www.DeepL.com, for original article in Russian, please scroll down. 

A man infected a Kemerovo woman with the dangerous HIV virus and has been brought to trial

A 42-year-old man infected a 43-year-old woman from Kemerovo with the dangerous HIV virus and was put on trial, the press service of the Main Directorate of the Russian Interior Ministry in the Kemerovo region informed us.

An investigator of the Rudnichny police department of the Kemerovo police department has completed an inquiry into a criminal case against a 42-year-old local resident. A man is accused of committing a crime under article 122, paragraph 2, of the Russian Criminal Code “Infection with HIV infection”.

As indicated by the department, a 43-year-old resident of Kemerovo went to the police which was informed, that the former cohabitant had infected her with HIV. A criminal case was initiated on this fact under the relevant article of the Criminal Code.

In the course of the interrogation, the police found out that the civil spouse of the woman knew about the diagnosis even before meeting with her.

However, despite this, the man did not inform his partner about the disease and as a result infected her with the human immunodeficiency virus.

At present, the criminal case has been sent to court. The prosecution sanctions up to five years in prison as a punishment.


Мужчина заразил кемеровчанку опасным вирусом ВИЧ и попал под суд

42-летний мужчина заразил 43-летнюю кемеровчанку опасным вирусом ВИЧ и попал под суд, проинформировали в пресс-службе ГУ МВД РФ по Кемеровской области. 

Дознаватель отдела полиции «Рудничный» УМВД РФ города Кемерова завершил дознание по уголовному делу, возбужденному в отношении 42-летнего местного жителя. Мужчина обвиняется в совершении преступления, предусмотренного частью 2 статьи 122 УК РФ «Заражение ВИЧ-инфекцией».

Как уточняют в ведомстве, в полицию обратилась 43-летняя жительница Кемерова, которая сообщила, что бывший сожитель заразил ее ВИЧ-инфекцией. По данному факту было возбуждено уголовное дело по соответствующей статье УК РФ.

В ходе дознания полицейские установили, что гражданский супруг горожанки знал о поставленном ему диагнозе еще до встречи с ней.

Однако, несмотря на это, мужчина не сообщил партнерше о заболевании и в результате заразил ее вирусом иммунодефицита человека.

В настоящее время уголовное дело направлено в суд. Санкции статьи обвинения предусматривают в качестве наказания до пяти лет лишения свободы.

Canada: 56-year-old Montreal man faces prison for alleged HIV transmission

Montreal man found guilty of transmitting HIV to two victims
March 9, 2020

Published in LP on March 6, 2020 – Automatic translation via Deepl.com – For original article in French, please scroll down.

Montreal man found guilty of transmitting HIV to two victims

A 56-year-old Montreal man living with HIV is now facing prison for infecting two women with HIV during unprotected sex. Despite years of dating, A.J. has never informed his victims of his illness. This is a rare conviction in Quebec for a case of HIV transmission.

Charged with aggravated sexual assault in 2016, A.J. pleaded guilty to lesser charges last week. The Montreal man pleaded guilty to causing bodily harm to his two victims through criminal negligence between 2008 and 2015.

A nude dancer in a bar, A.J. met his first victim in June 2008. The two exchange phone numbers and have their first consensual and unprotected sex a few days later. They will continue to date until 2015.

“At no time did the accused inform [the victim that he was] infected with HIV although the subject had already been discussed,” said the statement of facts filed in court on February 27 by Crown prosecutor Amélie Rivard and defence lawyer Mike Junior Boudreau.

The victim quickly developed health problems in the fall of 2008 and then learned the terrible news.

She informed A.J. that she was HIV positive, but A.J. had a “very mild” reaction and continued to have unprotected sex.

He also refuses to accompany her to the L’Actuel clinic, where she is being treated.

“The victim] is convinced at this time that it was the accused who infected her, but it was not confirmed until January 2013 when she saw a jar of triple-drug therapy medication in the accused’s name,” the summary of facts states.

SECOND VICTIM
A.J. has a new victim in 2013, a woman who falls “madly in love” with him. For two years, they have sex, sometimes several times a day and never protected, except for their first coitus.

In 2015, the woman contacts A.J.’s first victim on Facebook for advice on how to end her “parasitic relationship”. It is at this point that she learns that the accused is HIV-positive. She immediately makes a medical appointment where she learns that she has suffered the same fate.

“I don’t have any symptoms, but I have to take medication, and I’ll have to take it for the rest of my life,” the 30-year-old told La Presse in 2016.

According to her, A.J. had known he was sick for a long time. “He had patches on his body, but he told me it was a skin problem. He never wanted to go to the doctor,” she said. The cause is due to return on June 1 of this year.

Last December, an HIV-positive man accused five years ago of aggravated sexual assault for having unprotected sex with lovers without telling them he was sick took advantage of a stay of proceedings requested by the Crown. He was accused of falsifying his medical results to deceive his victims.

The Supreme Court ruled in 2012 that a person must disclose his or her HIV-positive status before having sex if there is a “realistic possibility” that he or she will transmit HIV. However, they do not have to disclose if their viral load is low due to medical treatment and a condom is used during sex.


Un Montréalais coupable d’avoir transmis le VIH à deux victimes

Un Montréalais de 56 ans porteur du virus du sida risque maintenant la prison pour avoir transmis le VIH à deux femmes pendant des relations sexuelles non protégées. Malgré des années de fréquentation, A.J. n’a jamais informé ses victimes de sa maladie. Il s’agit d’une rare condamnation au Québec pour un cas de transmission du VIH.

Accusé d’agressions sexuelles graves en 2016, A.J. a reconnu sa culpabilité à des chefs d’accusation moindres la semaine dernière. Le Montréalais a plaidé coupable d’avoir causé des lésions corporelles à ses deux victimes par négligence criminelle entre 2008 et 2015.

Danseur nu dans un bar, A.J. rencontre sa première victime en juin 2008. Les deux échangent leurs numéros de téléphone et ont leur première relation sexuelle consentante et non protégée quelques jours plus tard. Ils continueront de se fréquenter jusqu’en 2015.

« En aucun moment l’accusé n’a informé [la victime qu’il était] infecté par le VIH bien que le sujet ait déjà été discuté », souligne le précis des faits déposé en cour, le 27 février dernier, par la procureure de la Couronne, Me Amélie Rivard, et l’avocat de la défense, Me Mike Junior Boudreau.

La victime développe rapidement des ennuis de santé à l’automne 2008 et apprend alors la terrible nouvelle.

Elle informe A.J. qu’elle est porteuse du VIH, mais celui-ci réagit « très peu » et continue quand même d’avoir des relations sexuelles non protégées.

Il refuse également d’accompagner la victime à la clinique L’Actuel, où elle est prise en charge.

« [La victime] a la conviction, à ce moment, que c’est l’accusé qui l’a infectée, mais elle n’a eu la confirmation qu’en janvier 2013 lorsqu’elle a vu un pot de médicaments de trithérapie au nom de l’accusé », indique le résumé des faits.

Second Victim

A.J. fait une nouvelle victime en 2013, une femme qui tombe « follement amoureuse » de lui. Pendant deux ans, ils ont des relations sexuelles, parfois plusieurs fois par jour et jamais protégées, sauf pour leurs premiers coïts.

En 2015, la femme communique sur Facebook avec la première victime d’A.J. pour obtenir des conseils pour mettre fin à sa « relation parasitaire ». C’est à ce moment qu’elle apprend que l’accusé est porteur du VIH. Elle prend aussitôt un rendez-vous médical où elle apprend avoir subi le même sort.

«  Je n’ai pas de symptômes, mais je dois prendre des médicaments, et je devrai en prendre toute ma vie  », avait confié la trentenaire à La Presse en 2016.

Selon elle, A.J. savait depuis longtemps qu’il était malade. «  Il avait des plaques sur le corps, mais il me disait que c’était un problème de peau. Il ne voulait jamais aller chez le médecin  », disait-elle. La cause doit revenir le 1er juin prochain.

En décembre dernier, un séropositif accusé il y a cinq ans d’agression sexuelle grave pour avoir eu des relations sexuelles non protégées avec des amants sans les avoir prévenus de sa maladie a profité d’un arrêt du processus judiciaire demandé par la Couronne. On lui reprochait d’avoir falsifié ses résultats médicaux pour tromper ses victimes.

La Cour suprême a tranché en 2012 qu’une personne doit révéler sa séropositivité avant d’avoir un rapport sexuel s’il existe une « possibilité réaliste » qu’elle transmette le VIH. Toutefois, elle n’a pas à le dévoiler si sa charge virale est faible en raison d’un traitement médical et que le condom est utilisé pendant la relation.

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