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[Update]Uganda: High Court overturns ruling that sentenced a woman to two years in jail for allegedly injecting a baby with HIV
Source: Dispatch Uganda, August 30, 2019
Gulu court overturns ruling of woman accused of injecting baby with HIV blood
Gulu, Uganda | URN | Gulu High Court has overturned a ruling in which XX, 32, a woman accused of injecting a six-month-old baby with blood infected with HIV/AIDS was found guilty.
Last month, Kitgum Chief Magistrate Hussein Ntalo Nasulu sentenced X to two years in prison.
Ntalo heard that X injected a six-month-old baby with the blood in December with the help of her co-accused, Y, who was later acquitted.
According to prosecution states that at about 9pm, the victim’s mother, had left the child with a babysitter before X carried him away to the bedroom as Y watched.
Ntalo, in his ruling, said he gathered sufficient evidence from seven witnesses including Dr Okello who examined the victim and tested X and found her HIV positive.
On Thursday 29th, Justice Stephen Mubiru overturned the ruling and acquitted X on grounds that the trial magistrate did not have satisfactory evidence to incriminate her.
Justice Mubiru said that one of the police officers who testified told court that the injuries could have been as a result of an insect bite, while the Doctor who examined the child said a sharp instrument was used to inflict the injuries.
Mubiru argued that to come to a conclusion that the injuries under the child’s armpits could only have been caused by pricking, the circumstantial evidence should have focused on either if some sharp object was recovered.
The Judge further added that the evidence presented stopped at only establishing that the appellant knew her HIV status but no evidence that she used any instrument on herself which she exposed to the victim.
According to Justice Mubiru, knowing that a person is HIV positive is no reason to believe that they should or are capable of transmitting the virus except if an additional action is committed which exposes another person to an infection.
X ‘s lawyer Immaculate Owomugisha from Uganda Network on Law Ethics and HIV/AIDS (UGANET) said the ruling was a landmark to uphold the rights of people who are criminalized basing on their HIV/AIDS status.
The infant’s mother and her relatives broke down in court after Justice Mubiru acquitted X.
She said she was denied justice despite overwhelming evidence presented.
Kitgum — Court in Kitgum District has sentenced a 32-year-old woman to two years in jail for injecting a baby with blood infected with HIV/Aids.
The chief magistrate, Mr Hussein Nasulu Ntalo, on Friday heard that XX injected a six-month-old baby with the blood in December last year with the help of her co-accused, Y, who was later acquitted.
Mr Ntalo said he had gathered enough evidence from seven witnesses, including the doctor who examined the child and tested Kamuhangi.
“The baby sitter, the crime officers who visited the scene and many others, all testified against X. Also, DNA blood samples taken from her at the government analytical lab in Kampala and the blood-stained clothes all indicated she was the actual offender,” he said.
Mr Ntalo said X’s case called for public outcry and she should be separated from the community. He ordered the immediate transfer of the convict to Luzira.
Prosecution states that on December 26 last year at about 9pm, the victim’s mother, had left the child with a baby-sitter before X carried him away to the bedroom as Y watched.
X later returned the baby crying. When the mother examined her baby after the duo had left, she found he had small swelling in both armpits.
The mother reported the matter to Mr Ronald Okot, the village chairperson of Gangdyang Cell, before she recorded a statement at Kitgum Central Police Station.
The duo was arrested the following day.
The mother expressed her disappointment at the judgment, saying X should have been sentenced to more years considering that the nature of the crime was a capital offence.
However, she said she respects the ruling given the fact that her child was not infected.
In 2014, a 64-year-old nurse in Kampala was accused of injecting a toddler with her HIV- infected blood in the process of administering treatment. Last year, a 42-year-old man in Luweero District was sentenced to 60 years in prison for defiling and infecting his three grandchildren with HIV/Aids.
Russia: Criminal case initiated against woman living with HIV who gave blood
Source: Rg.ru, 28/08/2019
Google translation – For Russian article, please scroll down
In Leningrad region, the court will consider the case of a donor with HIV
In the Leningrad Region, a criminal case is being prepared for submission to court under Article 122 of the Criminal Code of the Russian Federation “Infection with HIV infection”. According to the regional prosecutor’s office, a resident of the city of Volosovo is accused of committing this crime.
According to the materials of the supervisory authority, a 40-year-old woman decided to become a donor and deliberately hid the fact that she is a carrier of the human immunodeficiency virus from doctors. At the same time, in March 2019, the accused received a medical warning against her diagnosis and responsibility for infecting another person.
“The fact of the presence of HIV infection in a woman’s donated blood was established only during laboratory testing, which jeopardized potential patients requiring blood transfusion,” the prosecutor’s office said.
According to the law, an HIV-infected person in this case can face up to a year of imprisonment – such a punishment is provided for by the Criminal Code if “the deliberate putting another person in danger of HIV infection” is recorded. But if the infection did happen, the perpetrator could face up to five years in prison.
В Ленобласти суд рассмотрит дело о доноре с ВИЧ
В Ленинградской области готовится к передаче в суд уголовное дело, возбужденное по статье 122 УК РФ “Заражение ВИЧ-инфекцией”. Как сообщили в региональной прокуратуре, в совершении данного преступления обвиняется жительница города Волосово.
Как сказано в материалах надзорного ведомства, 40-летняя женщина решила стать донором и умышленно скрыла от медиков факт, что она является носителем вируса иммунодефицита человека. При этом в марте 2019 года обвиняемая получила под роспись предупреждение медиков о своем диагнозе и об ответственности за заражение другого человека.
– Факт наличия ВИЧ-инфекции в донорской крови женщины был установлен только при лабораторной проверке, что поставило под угрозу заражения ВИЧ-инфекцией потенциальных пациентов, нуждающихся в переливании крови, – сообщили в прокуратуре.
По закону носительнице ВИЧ в данном случае может грозить до года лишения свободы – такое наказание предусмотрено УК, если зафиксировано “заведомое поставление другого лица в опасность заражения ВИЧ-инфекцией”. А вот если бы заражение все-таки произошло, виновному может грозить до пяти лет лишения свободы.
Russia: Woman living with HIV on trial for breastfeeding her baby and at risk of losing custody
Source: spb.mk.ru – 28/08/2019
HIV-infected mother tried for breastfeeding in St. Petersburg
Google translation – For article in Russian, please scroll down
Officials accused the 45-year-old Petersburger of trying to infect her child with HIV. The very next day, the baby’s guardianship was removed.
Guardianship authorities appealed to the court. Officials accused the 45-year-old Petersburger of trying to infect her child with HIV. A woman found out about her disease from a doctor at an antenatal clinic in 2018. According to investigators, in 2019 she gave birth to a child. While still in the hospital, she refused treatment for HIV infection and began to breastfeed her baby. Meanwhile, one of the main ways of infecting children with HIV is through mother’s milk.
The very next day, the baby’s guardianship was removed. After that, the Petersburger realized what risk she put her child at.
“Now she has registered, started therapy, and sought psychological help. She understands and realizes that therapy is necessary for life, that the child must be registered with the AIDS center, ”the paper quotes the accused’s lawyer Olga Krivonos.
According to the defense, the accused did not understand that, while feeding the baby, she risks infecting him. According to the guardianship, the woman was clarified by the woman at the antenatal clinic, about which she signed the document. Fortunately, the baby was not infected. But he may lose his mother: she faces up to a year in prison for “deliberately putting another person in danger of becoming infected with HIV”.
ВИЧ-инфицированную мать судят за кормление ребенка грудью в Санкт-Петербурге
Чиновники обвинили 45-летнюю петербурженку в том, что она попыталась заразить своего ребенка ВИЧ-инфекцией. Буквально на следующий день органы опеки малыша изъяли.
В суд обратились органы опеки. Чиновники обвинили 45-летнюю петербурженку в том, что она попыталась заразить своего ребенка ВИЧ-инфекцией. О своем заболевании женщина узнала от врача женской консультации в 2018 году. По версии следствия, в 2019 году она родила ребенка. Еще будучи в роддоме, она отказалась от лечения от ВИЧ-инфекции и начала кормить малыша грудью. Между тем, один из основных способов заражения детей ВИЧ – через молоко матери.
Буквально на следующий день органы опеки малыша изъяли. После этого петербурженка осознала, какому риску она подвергла своего ребенка.
«Сейчас она встала на учет, начала терапию, обратилась за психологической помощью. Она понимает и осознает, что терапия необходима пожизненно, что ребенок должен состоять на учете в СПИД-центре», — цитирует адвоката обвиняемой Ольгу Кривонос издание «Бумага».
По версии защиты, обвиняемая не понимала, что, кормя малыша, рискует его заразить. По данным опеки, женщине все разъяснили еще в женской консультации, о чем она подписала документ. К счастью, малыш не заразился. Но он может лишиться матери: ей грозит до года тюрьмы за «заведомое поставление другого лица в опасность заражения ВИЧ-инфекцией».
Australia: Queensland Supreme Court reduces sentence of HIV-Positive man convicted for dripping blood on police officer
Source: Brisbane Times, August 29, 2019
‘I’ve got HIV': Addict who dripped blood on cop has sentence reduced
A Queensland man who claimed to be HIV-positive when his blood spilt on a police officer’s open cuts has knocked one year off his sentence on appeal.
The man, 40, was in a drug-induced psychotic episode in October when he unintentionally dripped blood on a police officer.
Having taken what he said was about one gram of ice, X became paranoid that Hells Angels bikies were out to get him, the appeal judgment read.
He smashed a bottle of wine and cut his arm with the glass before walking out onto a busy road and gesturing to an oncoming driver to stop.
X walked to the driver’s side door and told the man to “get out, get out or do you want to be shot in the head”.
He grabbed the driver and tried to rip him from the car. The driver kept his seatbelt on and slammed on the accelerator.
Two police officers found him walking in the middle of the road, facing coming traffic and grabbing at passing car doors, causing drivers to swerve.
The officers took hold of his arms and directed him to the footpath as he resisted, swinging punches towards them.
He was screaming: “Hells Angels! Hells Angels! They’re trying to kill me. They aren’t real police!”
As they managed to get him to the ground and handcuff him, the police noticed deep cuts on his left arm and bandaged them.
He was yelling his own name repeatedly and said: “Josh is trying to kill me. Hells Angels. I’ve got HIV. HIV. They’re trying to kill me.”
Through his lawyers, X said he had no memory of yelling that he had HIV and suggested he may have yelled “HA” as an abbreviated reference to Hells Angels.
“In the absence of actual contradiction of the information before the court, the applicant was properly sentenced on the basis he said he had HIV,” the judgment said.
Sometime after getting him into cuffs, one of the police officers noticed he had grazed the back of his hand and the cut was covered in X’s blood.
A victim impact statement from the police officer revealed the psychological stress he suffered, fearing he might have contracted HIV.
“The applicant’s counsel informed the court that while the applicant did not believe he had HIV, he intended to arrange for relevant testing and notification of the prosecution on his release from custody,” the appeal judgment read.
In granting the appeal, Justice James Henry noted X had not actually hit the officers, just swung at them, and he had accidentally gotten his blood on the police officer during the arrest.
“It may have been different if the circumstances under which the cuts and depositing of blood occurred were identified with at least some precision,” the judgment read.
In December, X pleaded guilty to two counts of seriously assaulting a police officer and one count of attempting to enter a car with the intention of committing a crime.
He was given three concurrent sentences, with a head sentence of two years’ imprisonment.
He was put on parole as soon as he was sentenced, having served 75 days on remand.
His two-year head sentence was reduced to one year on appeal, and his parole date did not change.
Comment has been sought from the Queensland Police Union.
US: “People living with HIV are being prosecuted because the law is not keeping pace with science”
Source: New York Times, August 26, 2019
Living With H.I.V. Isn’t a Crime. Why Is the United States Treating It Like One?
States’ nondisclosure statutes, used to persecute marginalized populations, discourage testing and treatment.
By Chris Beyrer and
Dr. Beyrer is an infectious disease epidemiologist. Mr. Suttle was convicted under Louisiana’s H.I.V. criminalization statute.
Michael Johnson, a former college athlete convicted in 2015 of not disclosing his H.I.V.-positive status to sexual partners, was released on parole from a Missouri prison last month. Mr. Johnson, who is gay and black, had maintained his innocence, and there was no proof that he had transmitted the virus. And yet that didn’t seem to matter in the court of public opinion, or in the court of law.
On Dec. 20, 2016, a Missouri appeals court ruled that Mr. Johnson’s trial had been “fundamentally unfair.” H.I.V. nondisclosure is inherently difficult to prove yet seemingly easy to condemn, as shown time and again by judges and juries worldwide. Nowhere is this truer than in the United States, where people with H.I.V. are still being prosecuted under outdated or misapplied laws.
During the early years of the AIDS epidemic, an H.I.V. infection was tantamount to a death sentence. Through major advances in antiretroviral therapies, H.I.V. is now a manageable, chronic condition. A person whose infection is newly diagnosed can expect to live a near-normal life span, and most seropositive people will never progress to further AIDS-defining complications.
Today we also know much more about how difficult H.I.V. is to spread. When used correctly, condoms are highly effective means of prevention. Research has also shown that when people are treated with antiretroviral drugs so that their viral load cannot be detected by standard blood tests, the virus cannot be transmitted to sexual partners. This true of both heterosexual and male same-sex couples. Simply put, scientific evidence on actual harm and transmission does not support the singling out of people living with H.I.V. through the heavy hand of criminal law.
Mr. Johnson’s trial was rightly deemed unjust due to prosecutorial misconduct. But injustice remains deeply entrenched within the society that created the laws that criminalized his actions in the first place. At least 29 states, mostly in the Midwest and Deep South, have laws that make H.I.V. nondisclosure, exposure or transmission a crime.
These laws constitute one more layer of marginalization for those whom the criminal justice system already disproportionately prosecutes, convicts and harshly sentences: black people, trans women, migrants, people who sell sex, people who inject drugs and L.G.B.T.Q. youths. Such laws have not been shown to reduce H.I.V. transmission, but they do discourage those at risk from getting tested, which undermines public health rather than protects it.
The United States has the unfortunate distinction of being among the countries most aggressively prosecuting people living with H.I.V., after Russia and Belarus, according to a recent report by H.I.V. Justice Worldwide. In these places, people living with the virus could be just one disgruntled partner away from finding themselves in a courtroom.
In the United States there are thousands of cases where H.I.V.-specific charges were filed, or people faced heightened charges or punishments simply because they had the virus. We don’t know how many others have been threatened or blackmailed with criminal prosecution — the law becomes a weapon in abusive relationships — but those numbers are surely considerable. In almost all cases, this all-too-real risk is greater than any (highly unlikely) risk of actual H.I.V. transmission.
Prompted by concerns that the law was being applied contrary to scientific evidence, last summer a group of 20 H.I.V. scientists from around the world issued an expert consensus statement intended to assist experts involved in cases of alleged H.I.V. exposure, transmission or nondisclosure. They urged governments and people working in the justice system to ensure that the significant advances in H.I.V. science are taken into account in H.I.V.-related legal cases.
As the global scientific community continues to learn more about the disease and its transmission risks, lawmakers and criminal justice systems must similarly evolve their thinking to align with evidence, not fear. Scientists and clinical providers have obligations here, too. They should use their knowledge to support law reform efforts and provide expert testimony, using the consensus statement to educate and advocate change. No one should be forced to endure what Michael Johnson, and so many others living with H.I.V., have had to suffer.
Chris Beyrer is a professor in public health and human rights at the Johns Hopkins Bloomberg School of Public Health.
Robert Suttle is the assistant director of the Sero Project, which works to end unfair H.I.V.-related prosecutions.
The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: email@example.com.
US: 31-year-old man charged in Georgia with “assault by HIV infected person” for spitting at police officers
Source: Coosa Valley News, August 26, 2019
Rome man with HIV arrested for assaulting police
X, 31 of Rome, was jailed this week after reports said he was found cursing at people and shooting them “the bird” at the railroad tracks near the intersection of Maple and Park Roads.
Reports added that when officers arrived on scene he spat on them, it was later discovered that X is HIV positive, making the crime a felony.
X is charged with three counts assault by HIV infected person upon police officer, three counts obstruction, two counts disorderly conduct and criminal trespass.
[Update] Canada: Man, whose charges for HIV non-disclosure were dropped due to his undetectable viral load, files lawsuit for defamation and negligence
Source: CBC, August 25, 2019
HIV-positive man sues RCMP for negligence, defamation after sex charges stayed
Brian Carlisle was accused of failing to disclose his status to his sexual partners
An HIV-positive man from Abbotsford, B.C., is suing the RCMP for negligence and defamation after a dozen sex charges against him were stayed last year.
Brian Carlisle filed a lawsuit in B.C. Supreme Court in July against those who handled his case, including police and the attorney general.
Carlisle was accused of having unprotected sex without telling his partners that he was HIV positive. He was charged with 12 counts of aggravated assault.
Those charges were stayed in April 2018 after Carlisle’s doctor and an HIV expert agreed that his viral load was undetectable and he couldn’t transmit the virus through sexual contact.
A notice of civil claim alleges the RCMP defamed Carlisle and accuses the prosecution of being malicious.
The lawsuit claims that the media attention to his case led to difficulties finding work and a place to live because of a Mission RCMP news release that contained his photo, HIV status, and his presence on social media and dating sites.
“The media statement released by the Mission RCMP constituted defamation,” reads the court document. “The statement lowered his reputation in the eyes of a reasonable person.”
Pain and suffering
Carlisle, who claims to be an expert in medical marijuana production, said in the lawsuit that he has been turned down for jobs and would be able to earn up to $140,000 annually based on his experience.
The lawsuit says he currently works for a human resources company that does not use his name when dealing with clients.
The document also says he has considered changing his name and rarely speaks with his daughter anymore, who has had to change her job twice due to his ordeal.
Carlisle is suing for loss of income, and pain and suffering.
None of the claims have been proven in court.
Charges dropped against B.C. man accused of failing to disclose HIV-positive status to partners
Brian Carlisle of Abbotsford had been charged with 12 counts of aggravated sexual assault
A dozen charges have been dropped against an Abbotsford man who was accused of having unprotected sex with multiple partners across the Lower Mainland and not disclosing his HIV-positive status.
Brian Carlisle, 48, had been facing 12 counts of aggravated sexual assault, but they were stayed April 26 in Abbotsford provincial court.
Police initially reported in August 2017 that Carlisle was facing three counts, but Mission RCMP reported the following month that nine charges had been added after several more complainants came forward.
The alleged offences occurred in Abbotsford (three counts), Surrey (three), Maple Ridge (three), Mission (one), Deroche (one), and Burnaby/Coquitlam (one).
Dan McLaughlin, spokesman with the BC Prosecution Service, said the charges were stayed because “the charge approval standard could no longer be met” and there was not a strong likelihood of conviction.
“In this case, the prosecutor concluded that the evidentiary test was no longer met and directed the stay of proceedings,” he said.
McLaughlin said the decision was also reached through consideration of a Prosecution Service policy titled “Sexual Transmission, or Realistic Possibility of Transmission, of HIV.”
“If there is no realistic possibility of transmission of HIV, failure to disclose that one has HIV will not constitute fraud vitiating consent to sexual relations,” the policy states.
It also states that a “realistic possibility” of the transmission of HIV is negated if “the accused’s viral load at the time of sexual relations was low.”
Carlisle has indicated in previous media interviews that his viral load was undetectable and he was not contagious at the time he was having unprotected sex.
“Viral load” is the term used to describe the amount of HIV in the blood.
“Studies show that people with an undetectable viral load do not pass HIV to their sexual partners,” states the CATIE (Canadian Aids Treatment Information Exchange) website.
Carlisle is a prominent marijuana activist and would-be politician in the Fraser Valley, including a bid for mayor of Chilliwack in 2002.
He told community news reporters as long ago as October 2002, in relation to his marijuana use, that he had seven debilitating conditions, including being HIV-positive, something that was mentioned in multiple subsequent stories.
In a March 2005 article, it was reported that Carlisle used a vaporizer to inhale marijuana to ease nausea symptoms to treat his HIV/AIDS.
Published in The Terrace Standard on May 1st, 2018
Charges against man accused of keeping HIV status from 12 women could be dropped
Charges against a Fraser Valley man that was the subject of a major police warning when he was accused of failing to disclose his HIV status to a dozen sexual partners appear to be on shaky ground.
CTV News has learned that multiple women connected to the case have been told legal rules have shifted with advances in HIV treatment, and that Brian Carlisle’s 12 counts of aggravated sexual assault could be doomed.
“It was utterly terrifying—utterly terrifying,” one woman told CTV News, recalling when she found out Carlisle was HIV-positive, and how she worried she had contracted the disease.
“I want the public to put themselves in my shoes,” she said. “How would you feel if this happened to you? Would you want them to get away with it? I wouldn’t wish what happened to me on anybody.”
A spokesperson for Crown prosecutors said the charges against Carlisle had not been stayed, but that lawyers are “currently in the process of reviewing the available evidence to determine whether our charge assessment standard continues to be met.”
Carlisle, a marijuana activist who lives in Abbotsford, used the website Plenty of Fish to meet women. One of them found out he was HIV-positive and called police, who put out a public warning last year. A total of 12 women came forward.
In an interview with CTV News, Carlisle admitted having unprotected sex, but said he believed that he wasn’t contagious as he was undergoing treatment.
“There’s no way. My viral load has never been detectable,” he said.
None of the disclosure from the Crown has indicated any women actually became infected, Carlisle said. A report by his doctor prepared for the court says he has been taking his medication consistently for years and the chance of transmission is “virtually zero.”
That’s a significant finding because prosecutors must prove either there was a transmission or a realistic chance of transmission in order to make their case, said UBC law professor Janine Benedet.
“There’s no question that being deceived is a terrible place to be in,” Benedet said, “but it may not be that, the way the law stands now, the law of sexual assault is a very good fit for what has been done to them.”
Unprotected sex with someone who is HIV-positive used to mean a realistic chance of infection. But advances in HIV treatment have shown that someone with an undetectable viral load has virtually no chance of infecting anyone.
“A person that is adequately treated for his HIV infection does not transmit the virus,” said Dr. Julio Montaner of the BC Centre for Excellence in HIV and AIDS.
It’s responsible to disclose your HIV status in most situations, Montaner said. But if someone is being treated and there is no realistic chance of transmission, it shouldn’t be up to the criminal system to punish people who don’t disclose, he said.
“I welcome disclosure and many things that could inform his willingness or her willingness or their willingness to engage in a sexual act. But if there is no risk this is not a mandatory disclosure,” he said.
Published in CTV News Vancouver on April 25, 2018
Man accused of keeping HIV status from partners facing 9 new charges
A man accused of keeping his HIV status from sex partners is facing nine new charges, and police believe there may be more potential victims.
Mounties in Mission, B.C. were first made aware of Brian Carlisle in July, when they received a report that a man had been having unprotected sex without disclosing that he is HIV-positive.
Carslile, a 48-year-old Abbotsford resident, was charged the following month with three counts of aggravated sexual assault. While the charges have not been proven in court, police made the rare decision to release his HIV status because of the potential that others may have contracted the virus.
The decision was made after careful consideration, Mounties said, and because they felt “the public interest clearly outweighs the invasion of Mr. Carlisle’s privacy.”
A number of new complaints came forward following the announcement of the charges, Mission RCMP said Thursday. As a result, Carlisle is now facing an additional nine charges of aggravated sexual assault.
The investigation is ongoing, and police said they are concerned there may be additional potential victims who are not yet aware of the potential change in their HIV status.
Anyone concerned they may have HIV is encouraged to visit their doctor for appropriate testing, and those with more information on the case are asked to contact a dedicated tip line at 604-814-1644. Tips can also be left anonymously at 1-888-222-8477 (TIPS).
Carlisle is Caucasian, weighs about 220 pounds and is 6-foot-2. He has blue eyes and short brown hair.
The offences are alleged to have occurred in several cities in B.C.’s Lower Mainland, including Mission, Abbotsford, Coquitlam and Burnaby, but Carlisle has been known to live outside the province. He has spent time in Ontario, Manitoba, New Brunswick and Vermont.
He has an online presence on several social media and dating sites, police said previously. Carlisle has been ordered by the court to stay away from online dating sites, including Plenty of Fish, pending his trial.
He’s posted several videos on a YouTube account, including one that shows a forceful argument he made during a project for a criminology class in 2012 at the University of the Fraser Valley: that people with HIV should not have to disclose their disease to sexual partners.
He argued that because medical treatment has progressed to the point that someone living with HIV may have his or her viral load suppressed to the point they are not contagious, it’s time to change the law.
Carlisle infected his wife with the disease 15 years ago, court records say. The records stem from a lawsuit he filed against his doctors for failing to diagnose him.
He’s spoken publicly about his HIV status in media interviews during his years as a marijuana advocate and during a failed run for mayor of Chilliwack. He also ran for school trustee in that city, and for city council in Hope.
Published on Sept. 7, 2017 on CTV News Vancouver
Man accused of keeping HIV status from sex partners likened disclosure rules to ‘witch hunt’
The man charged with failing to disclose his HIV status to three sexual partners infected his own wife with the disease 15 years ago, court records say.
And Brian Carlisle reacted first by suing his doctors for failing to diagnose him – a lawsuit he lost – and then told the public he was HIV-positive through media interviews during his years as a marijuana advocate and during a failed run for mayor of Chilliwack.
He has posted at least a dozen videos of him doing marital arts, working out and playing the violin. One video he posted shows a forceful argument he made during a project for a criminology class in 2012 at the University of the Fraser Valley: that people with HIV should not have to disclose their disease to sexual partners.
Now is the time, I believe, for scientific methodology to evolve our laws and end this present day, I hate to say, witch hunt,” Carlisle says in a video posted to YouTube.
Five years later, the 48-year-old stands accused of three counts of aggravated sexual assault for just that. And since Mission RCMP announced the charges on Thursday, “several” more women have come forward, said Const. James Mason.
“The ongoing investigation has identified several other alleged victims which we believe that Mr. Carlisle could have offended against,” he said.
Several women told CTV News they had been contacted by Carlisle on the dating website Plenty of Fish in the past year. Carlisle has been ordered by the court to stay away from online dating sites, including Plenty of Fish, pending his trial.
Carlisle was released on $5,000 bail Thursday. He couldn’t be found at his Abbotsford home on Friday, and didn’t respond to calls or emails. A man who lived in a trailer next to the home told CTV News that Carlisle was “a nice guy, a reasonable guy.”
A former roommate painted a picture of a smart person who was tortured by the disease.
“Brian is very intelligent. He could have been one of the best lawyers I’ve ever met,” said his former roommate and fellow marijuana activist Tim Felger.
Court documents suggest that Carlisle was infected with HIV sometime in the late 1990s. Felger said when the two were living together in the early 2000s, Carlisle said he didn’t know.
“He suspected it for a couple years, and then he finally goes to the doctor and gets it confirmed,” he said.
That was on July 18, 2002. A day later, his wife was also diagnosed, a civil judgment says, quoting a physician’s report.
“[Carlisle’s wife] almost certainly acquired HIV infection on the basis of unprotected sex with her partner Brian Carlisle, sometime between early 2001 and mid-2002,” the judgement says. “Lack of diagnosis of HIV in Brian may well have contributed to her having unprotected sex with him, and therefore increased her risk of HIV.”
Carlisle represented himself in that case, and later started a consulting company that offered to represent others in court for money. Felger blew the whistle on him in that case, where the B.C. Law Society successfully argued for a $500 fine.
“He always thought everything that happened to him was someone else’s fault,” Felger said.
He ran for mayor in Chilliwack in 2002, calling himself “the people’s candidate,” and telling reporters he had HIV.
“Being an extremely ill person is a blessing,” he said at the time. “It gives me focus every day to live it as the most important day. Every relationship, every job I undertake I do with the most extreme fortitude of anything I put my mind to.”
He ran for city council in Hope, and for school trustee in Chilliwack. He lost in those and other municipal races. A grow-op that he operated with Felger was raided and its pot seized. Years later he claimed in a court case he was broke and on a disability pension.
In 2012, while attending the University of the Fraser Valley, he argued that because medical treatment has progressed to the point that someone living with HIV may have his or her viral load suppressed to the point they are not contagious, it’s time to change the law.
A year later, he volunteered for his professor Darryl Plecas’s winning campaign for MLA. An online CV shows that Carlisle claimed Plecas as a reference.
“I’m disappointed that he’s weaving me into his affairs,” said Plecas, who recalled working on a project with him about marijuana but not about HIV. Plecas said there was “nothing special” about his involvement with Carlisle and that he disagreed with the thesis put forward in the project.
“On the face of it that notion is absurd. If someone’s not disclosing he’s putting people at risk,” Plecas said.
Published on August 4, 2017 in CTV News
Russia: Woman to go on trial in Syktyvkar for allegedly transmitting HIV to her partner
Source: Информационное агентство «Север-Медиа» August 22, 2019
Google translation, for article in Russian, please scroll down
Court of Syktyvkar awaits trial for partner’s HIV infection
The woman did not warn her cohabitant that she had a dangerous disease, although she knew about it and was responsible for withholding information. The defendant faces a sentence of up to 2 years and 2 months in prison.
The prosecutor’s office of Ezhvinsky district of Syktyvkar sent a criminal case to the court against a 44-year-old local resident accused under part 2 of article 122 of the Criminal Code of infecting another person with HIV infection by a person who knew he had the disease.
During the investigation of the criminal case, it was established that in 2012 the accused was notified by the Republican Centre for AIDS Prevention and Control of her HIV infection and warned of criminal liability for knowingly infecting another person with HIV infection, including the obligation to warn her sexual partners of her illness.
Then, from September 2015 to December 2015, living with a 30-year-old man who was not infected with HIV, she did not notify him of the presence of the disease, which led to the infection of the victim.
After the separation from the accused, the man began to live with the girl he was planning to have a child with. After the tests in October 2018, the man learned that he was infected with HIV.
For committing the above mentioned crime, taking into account the full confession of guilt, the accused faces a penalty of up to 2 years and 2 months in prison, according to the Prosecutor’s Office of Komi.
За заражение партнера ВИЧ-инфекцией сыктывкарку ждет суд
Женщина не предупредила сожителя о наличии у нее опасного заболевания, хотя знала и о нем, и об ответственности за сокрытие информации. Обвиняемой грозит наказание до 2 лет 2 месяцев лишения свободы.
Прокуратурой Эжвинского района Сыктывкара в суд направлено уголовное дело в отношении 44-летней местной жительницы, обвиняемой по ч. 2 ст. 122 УК – заражение другого лица ВИЧ-инфекцией лицом, знавшим о наличии у него этой болезни.
В ходе расследования уголовного дела установлено, что в 2012 году обвиняемая была уведомлена Республиканским центром профилактики и борьбы со СПИДом о наличии у неё ВИЧ-инфекции, предупреждена об уголовной ответственности за заведомое заражение другого лица ВИЧ-инфекцией, в том числе об обязанности предупреждать сексуальных партнеров о наличии у неё заболевания.
После чего, с сентября 2015 года по декабрь 2015 года, проживая с 30-летним мужчиной, который не был заражен ВИЧ-инфекцией, не уведомила его о наличии у неё данного заболевания, что повлекло заражение потерпевшего.
После расставания с обвиняемой мужчина стал проживать с девушкой, с которой планировал иметь ребенка. Сдав в октябре 2018 года анализы, мужчина узнал, что заражен ВИЧ-инфекцией.
За совершение вышеуказанного преступления, с учетом полного признания вины, обвиняемой грозит наказание до 2 лет 2 месяцев лишения свободы, сообщает прокуратура по Коми.
Sweden: 45-year-old man sentenced to one year in jail for not disclosing his status
He said nothing about HIV infection (2019-08-20)
Google translation. For Swedish article, scroll down
The woman got in touch with the 45-year-old man via the Whatsapp app. She came to Sweden and they immediately began a sexual relationship. What she didn’t know was that the man was HIV-infected.
“I noticed that he had a rash and was sweating a lot, but when I asked about how he was feeling he did not tell me that he was infected,” the woman says in interrogation.
At a later stage, she saw a letter from a doctor and googled the terms stated in the letter and began to suspect that everything was not right.
When she confronted the man, he admitted that he was infected with HIV. However, he said it was much like having diabetes and that she would receive compensation from the state. But through her sister-in-law she realized that it was a deadly disease that could not be cured.
In the evening she fled from the man, deeply shocked and convinced that she had become infected.
The man says in interrogation that he knew he was HIV-infected, but that he did not take his medication regularly because he did not feel well.
He knew he had to inform about his HIV infection and that he had to use a condom during intercourse.
However, he did not initially tell the woman because he always made sure to use a condom, something the woman rejects.
The prosecutor wanted the man to be sentenced for attempted cruelty, but it was rejected by the district court which instead sentenced the man to prison for 1 year for inducing danger to another The claim for expulsion is rejected.
After several tests, it was found that a woman was not infected by the HIV virus.
Sa inget om HIV-smittan (2019-08-20)
Kvinnan fick kontakt med den 45-åriga mannen via appen Whatsapp. Hon kom till Sverige och de inledde genast en sexuell relation. Vad hon inte visste var att mannen var HIV-smittad.
– Jag märkte att han hade utslag och svettades en hel del, men när jag frågade om hur han mådde berättade han inte att han var smittad, säger kvinnan i förhör.
I ett senare skeende fick hon syn på ett brev från en läkare och googlade på de termer som angavs i brevet och började misstänka att allt inte stod rätt till.
När hon konfronterade mannen medgav han att han var HIV-smittad. Han sa dock att det var ungefär som att ha diabetes och att hon skulle få ersättning från staten. Men via sin svägerska fick hon klart för sig att det var en dödlig sjukdom som inte gick att bota.
På kvällen flydde hon från mannen, djupt chockad och övertygad om att hon blivit smittad.
Mannen säger i förhör att han kände till att han var HIV-smittad, men att han inte tog sin medicin regelbundet eftersom han inte mådde bra av den.
Han visste att han var tvungen att informera om sin HIV-smitta och att han var tvungen att använda kondom vid samlag.
Han berättade dock inte inledningsvis för kvinnan eftersom han alltid såg till att använda kondom, något som kvinnan tillbakavisar.
Åklagaren ville att mannen skulle dömas för försök till grov misshandel, men det ogillas av tingsrätten som istället dömer mannen för framkallande av fara för annan till fängelse i 1 år. Yrkandet om utvisning avslås.
Efter flera tester har det visat sig att kvinna inte smittats av HIV-viruset.
HIV-positive man accused of unprotected sex (2019-08-12)
Google translation – Scroll down for Swedish article
Source: Norrköpings tidningar
Even though the man knew he was HIV-positive, he still had unprotected sex with a woman several times. On Tuesday, he faces trial.
The man is charged with attempted cruelty as he, according to the lawsuit, “at any time risked transmitting his HIV infection to the woman”.
The two must have had unprotected sex on a number of occasions last year without the man telling the woman that he was infected.
“The crime is serious because the deeds have been fatal and could have caused the plaintiff serious illness,” Chamber Prosecutor Karin Evlinger writes in the lawsuit.
On Tuesday, the trial is being held against the man in Norrköping District Court and if sentenced, the prosecutor also demands that he be expelled from Sweden and banned from returning for a period.
HIV-smittad åtalas för oskyddat sex (2019-08-12)
Trots att mannen visste att han var HIV-smittad så hade han ändå oskyddat sex med en kvinna flera gånger. På tisdagen ställs han inför rätta.
Mannen står åtalad för försök till grov misshandel då han, enligt stämningsansökan, “vid varje tillfälle riskerat att överföra sin HIV-infektion till (kvinnan)”.
De två ska ha haft oskyddat sex vid ett flertal tillfällen under förra året utan att mannen berättade för kvinnan att han var smittad.
“Brottet är grovt eftersom gärningarna varit livsfarliga och kunnat tillfoga målsäganden allvarlig sjukdom”, skriver kammaråklagare Karin Evlinger i stämningsansökan.
På tisdagen hålls rättegången mot mannen i Norrköpings tingsrätt och om han döms yrkar åklagaren även på att han utvisas från Sverige och förbjuds att återvända under en period.
Mannen visste att han var HIV-smittad, men hade ändå oskyddat sex med kvinnan flera gånger.
[Update]US: 42-year-old man, convicted in 2017 for alleged HIV non-disclosure, arrested again.
Source: WTXL Tallahassee – August 19, 2018
Tallahassee man convicted for transmission of HIV accused of failing to inform partner of status
TALLAHASSEE, Fla. (WTXL) — A Tallahassee man who was convicted of infecting a person with HIV in 2017 is back in jail after being accused of again hiding his positive status.
According to court documents, Tallahassee Police responded to an apartment on Lake Avenue in regards to a victim being unknowingly exposed to HIV by the suspect on August 8.
Police say the victim met 43-year-old XX through a dating app called “Jack’d,” and arranged to go over his house for sex. The victim told police that he had been keeping track of the dates he met with and had consensual sex with X.
Documents say the first time the two met up was on July 17.
During their first meet up, the victim asked if X had any STD’s or if he was diagnosed with HIV. The victim said X stated that he did not have an STD or HIV and had not disclosed anything about his status on any other app.
The victim told police that the two engaged in consensual sex approximately seven times at X’s home. Police say over the course of their relationship, the victim would continue to ask if X had any diseases, but said X always denied any diagnosis.
On Aug.8 , the victim noticed that X’s status on Grindr had suddenly changed to “Undetectable.” The status on X’s Jack’d profile had also changed to show that he has HIV with “undetectable good health on medication,” according to documents.
The following day, investigators responded to X’s home to try and interview him about the accusations.
While at the home, investigators say X denied knowing the victim and refused to answer any further questions without a lawyer. During the investigation, police found information from a previous accusation against X from 2017.
Court documents say investigators obtained a search warrant for X’s medical records during that case. Investigators were able to confirm that X was HIV positive and that he had been diagnosed in the 1990’s.
ABC 27 first reported that X was arrested back 2017, after being accused of knowingly withholding his HIV positive status from a partner. Documents note that during the 2017 case, X admitted that he knew he was required to inform his potential partners of his status.
In the 2017 case, X plead no contest to unlawfully infecting a person with HIV and was sentenced to one year of community control followed by two years on probation.
Based on the evidence, X was arrested and transported to the Leon County Detention Facility.
Court documents say due to his prior conviction, he is facing a first degree felony charge on multiple violations for HIV infected person having sex w/o informing partner. He is also being charged for violation of probation.
As of Monday, X is being held in jail on a $5,000 bond.
Man accused of failing to inform partner of HIV status
TALLAHASSEE, Fla. (WTXL) – A Tallahassee man has been arrested, accused of knowingly withholding his HIV positive status from a partner.
XX., 42, was booked into the Leon County Detention Center on Thursday for having sex without informing a partner of his HIV status.
According to a probable cause document, X met the victim through an advertisement on an Internet-based application. After the victim had consensual sex with X, a friend sent the victim a picture of a Craigslist announcement.
According to the probable cause report, the announcement contained a screenshot of X. The posting said that X was HIV positive and warned he did not inform his partners of his status.
The victim then contacted the Tallahassee Police Department. The victim told them X did not disclose his HIV status before or after they had sex and said they didn’t use protection.
The victim showed investigators a picture of the Craigslist announcement along with a screenshot of another Craigslist advertisement X posted seeking sexual partners.
In interview with investigators, X confirmed he was HIV positive and received his diagnosis in the 1990s. He was also able to identify the victim via a picture and said he believed they had sex.
X explained “he routinely engaged in casual sex with multiple partners he met via social media applications,” according to the court document, but did not inform partners of his HIV status unless he was asked directly.
He admitted that he knew he was required to inform them, but didn’t because he believed partners would change their mind and not have sex with him. X also told police he does not routinely use protection when engaging in casual sex.
At the end of the interview, investigators emphasized that he could be criminally charged for each sexual partner he failed to inform about his HIV status.
Though an investigation, officers confirmed X’s diagnosis and per Florida Statute 384.24 (2), a single charge was issued.
He turned himself in on Wednesday and has since bonded out of jail.