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US: South Carolina man charged with alleged HIV exposure could face up to 10 years in prison

Rock Hill man charged with exposing woman to HIV, police say
April 17, 2019

Source: The Herald, April 16 2019

Rock Hill man charged with exposing woman to HIV, police say

A Rock Hill man has been arrested for exposing a woman to the HIV virus and not telling her, police said.

LX, 50, was arrested late Monday after a four-month investigation on a charge of exposing others to HIV, according to police reports. He faces up to 10 years in prison if convicted under South Carolina law.

X is accused of not disclosing to a woman that he had HIV, said Capt. Mark Bollinger of the Rock Hill Police Department.

X has no permanent address, Bollinger said.

X did not disclose that he had the virus while they were together,” the report states.

 Rock Hill police Det. Kris Quate obtained medical records after securing search warrants during the investigation, police reports show. X denied having HIV to police initially, reports state.

When X was being arrested Monday, he then told police he was positive for HIV and had been for about two decades, police said.

HIV, Human Immunodeficiency Virus, can lead to AIDS. HIV is a virus spread through certain body fluids that attacks the body’s immune system, according to the U.S. Centers for Disease Control and Prevention.

The arrest in York County for the charge of exposing someone to a disease that could be deadly is extremely rare, police said.

South Carolina law has several requirements for people with HIV when it comes to having sex, giving blood or being an organ donor.

A person with HIV commits a crime in South Carolina if that person knowingly engages in sex with another person without first informing that person of his HIV infection, state law shows. An HIV-positive person also cannot share medical needles without informing another person about the virus, South Carolina law states. A person with HIV cannot sell or donate blood or organs, under state law.

X has spent stretches in South Carolina prisons after convictions that date back to 1989 for felony burglary, larceny, assault and battery, damaging property, and threatening public officials, according to online court records.

X was released from jail after his arrest on Tuesday after posting a $6,000 bond, according to police and court officials.

Uganda: Constitutional Court asked to repeal requirement for forced disclosure in law on sexually transmitted diseases

Scrap ‘inhuman’ laws on STDs, court urged
April 12, 2019

Scrap ‘inhuman’ laws on STDs, court urged

Published in the Daily Monitor, April 10, 2019

Kampala. The Constitutional Court has been asked to scrap laws that dehumanise people diagnosed with sexually transmitted diseases under the Venereal Diseases Act of 1977.
Section 4 of the Venereal Diseases Act demands that a person who is suffering or has recently suffered from a sexually transmitted disease (STD) shall name the person who infected him or her.
The law prescribes a fine not exceeding Shs2,000 or a prison sentence not exceeding six months or both for anyone who contravenes the law.
Some of the venereal diseases include HIV/Aids, gonorrhea, genital warts, human papillomavirus and syphilis.

But Centre for Health, Human Rights and Development, a civil society organisation (CSO), says the law contravenes the right to privacy.
“Your petitioner (Centre for Health, Human Rights and Development) avers that the requirement for forced disclosure in Section 4 (1) of the Venereal Diseases Act, contravenes the right to privacy guaranteed under Article 27 (1) (a) and 27 (2) of the Constitution,” reads in part the documents filed in court yesterday.
“Your petitioner contends that the requirement for forced disclosure in any law is not an acceptable and demonstrably justifiable limitation in a free and democratic society,” the petition adds.

The CSO further contends that the law is degrading as it allows for involuntary treatment and examination of a person suffering or suspected to be suffering from a sexually transmitted disease.
This, it says, is done in guise of public health concerns yet it undermines the human rights guaranteed under articles 21 (1), 23 (1), 24, 27 (1) (a), 28 (1), 42 and 44 (a) and (c) of the Constitution. 
The petitioner cites Section 5 of the Venereal Diseases Act that gives powers to a medical officer to order for detention of any person in a hospital that they think in their opinion has a sexually transmitted disease. The detention is aimed at having the suspected sick person treated first before he or she can be left to re-join the community.

“Your petitioner contends that the authorisation of detention of a patient in a hospital in Section 5 contravenes the right to personal liberty guaranteed under Article 23 (1) of the Constitution,” the petitioner asserts
The other provisions of this law being challenged in court as being unconstitutional is Section 2, which empowers a medical officer to direct any person for examination of any person suspected to be carrying the disease.

“Your petitioner contends that the authorisation of forceful medical examination without full and informed consent in Section 2 of the venereal Diseases Act, contravenes the right to privacy, bodily integrity, security of a person, health and freedom from non-discrimination guaranteed under Articles 8 A (1), 21 (2), 45 and Objectives X1V b and XX of the National Objectives and Directives Principles of State Policy of the Constitution,” the petitioner claims.
The Attorney General has been listed as the sole defendant in the petition.
Further in their petition, the CSO avers that if the identified provisions of the Act are implemented in their current form, they may not only limit access to health care services but will also promote stigma and discrimination against people suffering from sexually transmitted diseases.

Appeal. The petitioner, through their lawyers of Dalumba Advocates, now wants court to declare sections 2, 3, 4, 5 and 8 of the Act unconstitutional.
They also want court to direct the Uganda Law Reform Commission to undertake a study and make recommendations on the relevance of the law on venereal diseases in a free and democratic society.

 

US: HIV criminalisation laws that require people convicted to be on the sex offender registry are ineffective and stigmatising

The push to end punishment against people with HIV
April 12, 2019

THE PUSH TO END ‘PUNISHMENT FEVER’ AGAINST PEOPLE WITH HIV

Advocates say laws that land people with HIV on the sex offender registry are outdated and dangerous.

Every five years, Mark Hunter has to pay around $300 to have his picture displayed in the newspaper and notices mailed to his neighbors, informing them that he is a sex offender. While on parole, he said, he pays about $60 a month in fees and has to attend a sex offender treatment class. His crime? In 2008, he was convicted of failing to tell two ex-girlfriends that he was HIV-positive.

Though neither partner contracted HIV, Hunter was still convicted under Arkansas’s HIV exposure law, which requires those who know they are HIV-positive to disclose their status to sexual partners. Sentenced to a dozen years in prison, he was released in 2011 after serving almost three.

But now, he must register as a sex offender, incurring the same obstacles, humiliation, and costs many others on registries face.

In Louisiana, where he now lives, Hunter’s driver’s license has “sex offender” written in capital letters under his photo, per the state’s registry requirements.

“When I saw it on my license, that was one of the most hardest things ever,” said Hunter, now 44. “Those two words on my license are still a hindrance to the life I want to live.”

Lousiana, Arkansas, Ohio, South Dakota, Tennessee, and Washington State require, or authorize courts to require, those convicted under HIV criminalization laws to be on the sex offender registry, according to the Center for HIV Law and Policy. Advocates, who condemn the statutes as ineffective, stigmatizing, and unscientific, are working to modernize the laws in the courts and state legislatures.

But even some of the fixes fall short, they say, including an amendment to Louisiana’s law that was enacted last year that removed biting and spitting as specifically identified means of transmission. Disclosure of HIV status is still required.

“We do not need to be punishing people through the criminal law,” said Robert Suttle, assistant director of the Sero Project, which advocates HIV criminalization law reforms. “This is a public health issue.”

 

Hunter, a hemophiliac, was diagnosed with HIV in 1981, at age 7. He said he and his family largely kept his status a secret.

“People were treated harshly who had this disease,” said Hunter. “They were treated like outcasts.”

But though the public’s perception of HIV has evolved, being on a sex offender registry carries a similar stigma. After he was released from prison in 2011, Hunter settled in Louisiana. He has found it difficult to find work, he said. Louisiana’s sex offender registry law requires him to register any address where he stays longer than seven days.

In the 1980s and 1990s, a flurry of HIV criminalization laws were enacted, many of which remain on the books. Today, 26 states have HIV-specific laws that criminalize exposure, according to the Centers for Disease Control and Prevention.

HIV became “swept up” in the era’s “punishment fever,” explained Trevor Hoppe, author of “Punishing Disease: HIV and the Criminalization of Sickness.”

“Legislators around the country were already in the mode of punishment,” said Hoppe. “It was kind of a general approach they were taking to many social problems.”

Because there is no national database that tracks prosecutions, it is difficult to know how many people have been charged, convicted, or placed on the registry as a result of HIV criminalization laws, according to Catherine Hanssens, executive director of the Center for HIV Law and Policy. A comprehensive study of Florida’s criminalization laws found that more than 600 people had been arrested for an HIV-related offense between 1986 and 2017.

Scientistspsychologistshealthcare providers, and HIV-positive advocates have condemned the laws over the decades since they were enacted, noting that there has been no association found between criminalization statutes and lower transmission rates.

“People with HIV are not out there passing HIV along in some intentional way,” said Dorian-gray Alexander, a member of the Louisiana Coalition on Criminalization and Health who is living with HIV. More than a third of the time, the transmission of HIV is between people who don’t know their status.

HIV criminalization statutes rarely take into account advances in treatment, condom use, or actual risk of transmission, according to advocates. For instance, in Arkansas, where Hunter was convicted, it is a felony to sexually penetrate another person without first disclosing one’s HIV-positive status. However, penetration is broadly defined as an “intrusion, however slight, of any part of a person’s body or of any object into a genital or anal opening of another person’s body.”

Cheryl Maples, an Arkansas attorney, plans to file a petition in federal court in the coming weeks that challenges the law’s constitutionality, she told The Appeal. Maples, whose uncle died of AIDS-related complications, has defended several people charged with HIV exposure. The state attorney general’s office did not respond to a request for comment.

“It is basically a crime that is against the LGBT community and other communities that are in disfavor,” said Maples. “People that are being charged with this are not predators.”

 

In Tennessee, sexual contact is not even required under the state’s aggravated prostitution statute. A person is in violation of the law if he or she knows they are HIV-positive and works “in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity.” Those convicted are placed on the sex offender registry and face up to 15 years in prison.

People convicted of aggravated prostitution can petition to be removed from the registry if they were victims of sexual violence, domestic abuse, or human trafficking. Last year, then-Governor Bill Haslam signed into law a bill that allows those convicted as juveniles with aggravated prostitution to have their records expunged if they were victims of human trafficking.

But regardless of why or when someone engages in sex work, sex workers living with HIV need “services, not handcuffs,” said Alex Andrews, co-founder of Sex Workers Outreach Project (SWOP) Behind Bars.

“When you put someone on a registry for having HIV, that’s public information,” said Andrews. “Put sex work on top of that and you have a really bad situation for survival.”

The state’s aggravated prostitution statute and HIV exposure law are both felonies that require sex offender registration. That’s different from the way Tennessee law governs the disclosure of other infectious diseases. It is a misdemeanor to engage in “intimate contact” without disclosing a diagnosis of Hepatitis B or C, but failure to disclose those diseases does not require sex offender registration.

 

As attempts are made to reform HIV criminalization laws, advocates worry about changes that tie criminalization solely to a person’s risk of transmission. Doing so, they warn, could marginalize those without access to treatment and those with detectable viral loads. (Those with undetectable viral loads, like Hunter, have “effectively no risk” of transmitting the virus, according to the CDC.)

Repealing HIV-specific laws is often insufficient, they add, because people can still be exposed to harsh punishments. People in states without such laws have been charged with attempted murder or assault with a deadly weapon for a range of incidents including spitting. (HIV cannot be transmitted through saliva.)

Modernizing statutes should focus on a person’s intent, and conduct likely to cause harm, not a failure to disclose, said Hanssens, the HIV law and policy center executive director. Any reform must also cease placing people on the registry, a practice she called irrational and unconscionable.”

“You cannot treat consensual sexual contact as a criminal wrong simply because that particular person happens to have one or another disease,” said Hanssens. “It’s a pointless and dangerous and stigmatizing response to what is a public health issue.”

Hunter has joined HIV-positive advocates from across the country in speaking out about the harms of criminalization and the sex offender registry in particular. He also works to reduce the persistent stigma and fear surrounding HIV by helping young people tell their families they are HIV-positive.

“They need to understand that it’s not a death sentence,” said Hunter. “I’m married. My wife is not HIV-positive, and we are trying to have a child.”

He has started a nonprofit organization dedicated to HIV and AIDS education in his brother’s name, the Dr. Michael A. Hunter Foundation. His brother, like Hunter, was a hemophiliac who contracted HIV from a blood transfusion. He died from AIDS-related complications in 1994.

“I’m Mark, and I happen to be HIV-positive,” said Hunter. “I had to embrace that, and once I embraced it, I let go of a lot of the pain.”

[Update]US: Florida court judges man living with HIV to be a “danger to public” for alleged HIV non-disclosure

’I’m not a monster’, Man admits to hiding HIV status
April 11, 2019

Published in WearTV on April 11, 2019

“I’m not a monster”, Man admits to hiding HIV status

A man who admitted to having sex with women without telling them he is HIV positive has been deemed a danger to society by an Escambia County jury.

Channel 3 News’ Chorus Nylander was the only reporter in the courtroom.

It took an Escambia County jury no more than an hour to reach their decision– determining X is a danger to the public which means he will get a harsher sentence.

This was a historic case of sorts for the 1st District Court, its first penalty phase proceeding meaning the jury was here not to determine guilt but more broadly if he’s a risk to the public.

 Two victims took the stand providing emotional testimony of their account of what happened.
 
At one point, the jury was asked to leave the courtroom so one of them could compose themselves.
 

The defense held onto improvements in medicine to control HIV infections for leniency The State saying that’s irrelevant to his crimes Bodiford took the stand apologizing to the victims.

“I feel very very horrible about the situation I’ve learned my lesson I’ve never intended to hurt these women I cared for these women I’m not some monster,” Bodiford told the Judge and jury.

His sentence will ultimately be up to the judge who will take up the issue on May 17th.


 Published in WearTV on July 19th, 2019

REPORT: Court date set for man arrested for having sex without disclosing HIV status

A 26-year-old Escambia man arrested for having sex with at least three women and not informing them he was HIV positive has a court date.

RX has a court date set for August 2nd.

According to a report warrant, the incidents happened between September 2016 and October 2017 in Escambia County and Pensacola per the warrant.

X confessed to deputies he is HIV positive, the warrant stated.

A relative listed in the report stated she believed he’s known since 2012 of his sexual status.

Investigators believe there could be more victims.


Published in WearTV on Jan 29, 2018

Bond denied for HIV positive man accused of infecting women

Bond has been denied for an Escambia County man accused of not disclosing his positive HIV status to women he slept with. The bond hearing for 25-year-old RX was held Monday, January 29th.

In court, his docket day was rescheduled for April 18th. According to the State Attorney’s Office, a competency hearing will be scheduled between now and his scheduled docket day.

WEAR ABC 3 previously reported X was arrested in November 2017 for three felony counts of crimes against a person. According to the 2017 Escambia County Sheriff’s Office (ECSO) arrest report, at least three women who had unprotected sex with X told deputies he never warned them that he is HIV positive.

The report states X admitted he knew about his positive test result since September of 2016 and believes there are additional victims. As of January 2018 he remains in the Escambia County Jail under a $100,000 bond.

 

US: Woman charged with assault in Virginia for biting police officer

Woman accused of being HIV positive charged with assault for biting Virginia Beach Police officer
April 10, 2019

Source WKTR3, April 9, 2019

Woman accused of being HIV positive charged with assault for biting Virginia Beach Police officer

VIRGINIA BEACH, Va. – A North Carolina woman is behind bars for allegedly assaulting a police officer.

On March 23, police said they were called to Alibis Bar and Grill on Holland Road after an intoxicated woman fell and needed medical assistance.

Once there, officers found two intoxicated women. The injured woman was then taken to the hospital.

Her friend, 47-year-old X, was arrested for public intoxication.

During the arrest, search warrants stated she became belligerent and combative.

She’s accused of biting an officer on the left forearm, breaking the skin and drawing blood. During the assault, she sustained a cut on her forehead.

The search warrant revealed that she’s allegedly HIV positive.

According to the court documents, detectives have requested her medical records to provide that she knew she was HIV positive prior to assaulting the officer.

She’s charged with assault on police officer, public intoxication, refuse ID to police, obstructing justice and malicious assault.

News 3 did try speaking with X, but she declined.

The 47-year-old is due back in court next month.

[update]Paraguay: Trial postponed until June for man facing 9 charges of alleged HIV transmission

Caso VIH: juicio para acusado se pospuso
April 8, 2019

 Source abc, April 8, 2019 – Google translation, for article in Spanish, please scroll down.

HIV Case: Accused Trial Postponed

This morning was scheduled to begin the oral and public trial for the lawyer accused of transmitting the AIDS virus to a woman in 2017, however, the prosecutor Natalia Silva Esteche requested the suspension of the trial.

The agent told the sentencing court that “the victim gave birth last April 2 by cesarean delivery and is still resting, so her appearance at trial is impossible and she is a key witness in the case.

The judges, Gloria Hermosa, Elio Ovelar and Víctor Alfiero decided to set a new date for June 11 at 08:00 in the morning, at which time, they estimated, will be able to attend to give testimony.

The case came to light, in April 2017, when a woman denounced that a man who introduced himself to her as a lawyer started a conversation through a social network with her, until they met and had a relationship, but she did not find out until months after her partner had the AIDS virus and infected her. This first woman was joined by others who related the same modus operandi as the lawyer. The professional is being held in Tacumbú.

Caso VIH: juicio para acusado se pospuso

Para está mañana estaba fijado el inicio del juicio oral y público para el abogado acusado de transmitir el virus del sida a una mujer en el 2017, sin embargo, la fiscala Natalia Silva Esteche solicitó la suspensión del juzgamiento.

La agente indicó al Tribunal de Sentencia, que “la víctima el pasado 2 de abril dio a luz por parto cesárea por lo que se encuentra aún reposo, por lo que su comparecencia al juicio se ve imposibilitada y la misma es testigo fundamental en la causa”.

Los jueces, Gloria Hermosa, Elio Ovelar y Víctor Alfiero resolvieron fijar como nueva fecha el próximo 11 de junio a las 08:00 de la mañana, tiempo en que, estimaron, ya estará en condiciones de asistir a prestar declaración.

El caso saltó a la luz, en abril del 2017, cuando una mujer denunció que un hombre que se le presentó diciendo ser abogado inició una conversación a través de una red social con ella, hasta que se conocieron y tuvieron una relación, pero ella no se enteró hasta meses después de que su pareja tenía el virus del sida y que la contagió. A esta primera mujer se sumaron otras más que relataron el mismo modus operandi del abogado. El profesional se encuentra recluido en Tacumbú.


They dismiss a lawyer who transmitted HIV to women

The judge of Guarantees, Alcides Coberta, will temporarily dismiss the case of a lawyer prosecuted for allegedly transmitting HIV to nine women.

According to Última Hora , at the request of the deputy prosecutor, Edgar Moreno, the judge will pronounce the provisional dismissal of the case for the lawyer. Moreno ratified the request that was presented by the district attorney Liliana Zayas.

Corbeta gave him the opportunity to oppose the request, but this Friday, the Attorney General, through the deputy prosecutor, ratified the request for provisional dismissal.

Therefore, the judge must follow what is required by the Public Prosecutor’s Office as owner of the public criminal action, as per the criminal procedure law.

The judge set a preliminary hearing for this Friday, May 18, at 9:30, to comply with the diligence.

On November 8, 2017, the lawyer was imputed, after the complaint made in April of that same year.

The same man has two other preliminary hearings set for May 31, where there is a request for an oral trial. In the other six cases, the hearing dates will be in June.

What is understood about the publication of the aforementioned is that one of the cases is being dismissed, however the processus will continue for the other.

 

Published in RDN on May 17, 2018

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Sobreseen a abogado que transmitió VIH a mujeres

El juez de Garantías, Alcides Coberta, sobreseerá, provisionalmente, al abogado procesado por supuestamente transmitir VIH a unas nueve mujeres.

Según informó Última Hora, a pedido del fiscal adjunto, Edgar Moreno, el juez resolverá el sobreseimiento provisional para el abogado. Moreno ratificó su pedido que fue presentado por la fiscala Liliana Zayas.

Corbeta le dio el trámite de oposición al pedido, pero este viernes, la Fiscalía General, a través del fiscal adjunto, ratificó el pedido de sobreseimiento provisional.

Por lo que el juez deberá admitir lo requerido por el Ministerio Público en su calidad de titular de la acción penal pública, siguiendo la ley procesal penal.

El juez fijó una audiencia preliminar para este viernes, 18 de mayo, a las 9:30, para cumplir con la diligencia.

El pasado 8 de noviembre de 2017 fue imputado el abogado, tras la denuncia hecha en abril de ese mismo año.

El mismo tiene otras dos preliminares, para el 31 de mayo, donde hay pedido de juicio oral. En las otras seis causas, se cumplirán en junio las fechas de acusación.

Los que se entiende de la publicación del medio citado consiste en que es sobreseido por uno de los casos, sin embargo los procesos por los demás continúan.

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May 2017

Another accusation against a lawyer who transmitted HIV to women

(Google translation, for Spanish article, please scroll below)

A new charge for serious injury has been levelled against the lawyer who has been held in Tacumbú since April of this year for transmitting the human immunodeficiency virus (HIV) to more than a dozen women, under emotional and even physical blackmail.
 
On Friday, April 21 of this year a lawyer wanted by the Paraguayan Justice Department was arrested under the guise of a tax investigation. The delicate case was discovered by the daily newspaper Última Hora, after having heard the testimony of one of the victims. After the publication of their article, more women were encouraged to come forward and denounce the lawyer for the same fact.
A new tax liability has been filed since Tuesday against the lawyer, whose identity is not shared to protect the integrity and intimacy of the victims, which are more than 13 women and in some cases have had children with the man now detained and investigated.
 
The case fell again in the hands of Judge Humberto Otazú, who was already dealing with the previous charge against the lawyer. The judge summoned him for May 24, at 8:30, in order to appear in a hearing of imposition of measures.
 
Facebook played an important role for victims to get in touch. Of the 13 that were considered victims of the man, there are nine who have persuaded to denounce the fact before the Public Ministry.
 
With regard to the new accusation, it was made after a woman learned via social medias that the man was carrying HIV. A stranger contacted her and recommended that she be tested for HIV, especially if they had sex without using protection. So in February she learned that she was now infected.
 

According to the lawyer defending the victims, the modus operandi of the lawyer was the following: He became involved with the family of the victim, used good words and asked to have a child, then blocked the woman and disappeared. It all started when one of the women slapped him on social medias for non-compliance with child support. Then other women realized that they were going through the same thing and formed a group.Then they found out that the man had HIV.

Published in Ultima Hora on May 17, 2017

 

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Otra imputación contra abogado que transmitió VIH a mujeres

Una nueva imputación por lesión grave recae sobre el abogado que ya guarda prisión preventiva en Tacumbú desde abril de este año por haber transmitido el virus de inmunodeficiencia humana (VIH) a más de una decena de mujeres, bajo chantaje emocional y hasta físico.
 
El viernes 21 de abril de este año un abogado buscado por la Justicia paraguaya fue detenido mediante un operativo fiscal. El delicado caso fue descubierto por el diario Última Hora, luego de haber conocido el testimonio de una de las víctimas. Tras la publicación de este medio, más mujeres se animaron a denunciar al abogado por el mismo hecho.
 
Una nueva imputación fiscal pesa desde este martes contra el abogado, cuya identidad no es compartida para resguardar la integridad e intimidad de las víctimas, que son más de 13 mujeres y en algunos casos tuvieron hijos con el ahora detenido e investigado.
 
El caso cayó nuevamente en manos del juez Humberto Otazú, quien ya llevaba la imputación anterior contra el abogado. El juez lo convocó para el 24 de mayo, a las 8.30, con el fin de que participe en una audiencia de imposición de medidas.
 
El Facebook jugó un papel importante para que las víctimas se pongan en contacto. De las 13 que se pronunciaron víctimas del hombre, ya son nueve las que se animaron a denunciar el hecho ante el Ministerio Público.
 
Con respecto a la nueva acusación, se realizó luego de que una mujer se haya enterado vía redes sociales que el hombre es portador de VIH. Una extraña la contactó y le recomendó hacerse análisis para determinar si le transmitió el virus o no, más aún si tuvieron relaciones sexuales sin cuidarse. Así fue que en febrero se enteró de que, ahora, está infectada.
 

Según la abogada que defiende a las víctimas, el modus operandi del abogado era el siguiente: Se involucraba con la familia de la víctima, hacía buena letra y les pedía tener un hijo, para luego bloquearle a la mujer y desaparecer. Todo se inició cuando una de las mujeres lo escrachó en redes sociales por incumplimiento de asistencia alimenticia. Ahí otras mujeres se dieron cuenta de que estaban pasando por lo mismo y formaron un grupo. Fue así que ellas se enteraron de que el hombre tenía VIH.

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Aptil 2017

Lawyer accused of having transmitted HIV to 13 women (Google translation. For article in Spanish, please scroll down)

Two women filed a criminal complaint against a lawyer who has intentionally transmitted HIV to them. Another 11 women are said to be in the same situation, but for different reasons did not dare reporting it.

The two women who filed the criminal complaint claim to have contracted the disease after a relationship with the lawyer. They accuse him of transmitting the virus intentionally, so reported him to the Public Ministry.

In total there would be about 13 victims, all ex-partners of the man, who forced them not to use contraceptive methods and asked them to have children. In all, the man would have had about 9 children with his alleged victims.

Attorney Mirna Morínigo said that a formal complaint was filed previously against the man, but the victim was forced to withdraw the complaint in the face of constant threats.

The case is in the hands of the Prosecutor’s Office who must investigate if there was an intention on the part of the man, who could be prosecuted for causing serious harm, with an expectation of up to 10 years in prison.

Published in Paraguay.com, on April 19, 2017

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Denuncian a abogado que habría transmitido VIH a 13 mujeres

VIDEO. Dos mujeres radicaron una denuncia penal contra un abogado que les habría transmitido VIH intencionalmente. Otras 11 mujeres estarían en la misma situación, pero por distintas causas no se animan a denunciarlo.

Las dos mujeres que radicaron la denuncia penal aseguran haber contraído la enfermedad tras una relación con el abogado. Lo acusan de haberles transmitido el virus de forma intencional, por lo que lo denunciaron ante el Ministerio Público.

En total serían unas 13 las víctimas, todas ex parejas del hombre, quien las obligaba a no utilizar métodos anticonceptivos y les pedía tener hijos. En total, el hombre habría tenido unos 9 hijos con sus supuestas víctimas.

La abogada Mirna Morínigo señaló que anteriormente se radicó una denuncia formal contra el hombre, pero la víctima se vio obligada a retirar la demanda ante las constantes amenazas.

El caso está en manos de la Fiscalía que debe investigar si existió intención por parte del hombre, quien podría ser procesado por lesión grave, con una expectativa de pena de hasta 10 años de cárcel.

US: Tennessee man charged with criminal exposure to HIV for allegedly exposing a resident to HIV during burglary

Sevier County man accused of burglarizing home, exposing resident to HIV
April 8, 2019

Source WJHL.com, April 5,2019

Sevier County man accused of burglarizing home, exposing resident to HIV

SEYMOUR, Tenn. (WATE) – A Sevier County man is in jail after deputies say he broke into a home, demanded money from the residents at gunpoint, and possibly exposed one of them to HIV.

X faces 16 different charges including aggravated burglary, aggravated robbery, aggravated kidnapping and criminal exposure to HIV.

The Sevier County Sheriff’s Office says deputies were called to a home on Delozier Road in Seymour around 3:10 a.m. Wednesday. When they arrived, they found a man had broken into the home with a weapon and demanded money from those inside.

One of the residents didn’t think the gun was real and started fighting with the man later identified as X. X then ran from the home, deputies say.

X was taken into custody a short distance away.

No one inside the home was seriously injured, but deputies say one of them was exposed to blood that may have contained HIV.

X is being held on $1 million bond pending a hearing.

France: 56-year-old in court for alleged HIV transmission

Accusé d’avoir transmis le sida à une amie : deux ans requis
April 5, 2019

Source: L’Est Republicain, April 5, 2019

Google translation. For French article please scroll down.

Accused of transmitting AIDS to a partner: two years required

A 56-year-old Doubien was appearing in the Montbéliard Criminal Court this Thursday for the administration of a harmful substance followed by mutilation or permanent disability. One resident filed a complaint in 2012 after finding out she was HIV positive.

Everything has changed irreversibly. There is a remaining feeling of being dirty, shamed, suffering, degraded. “An abyss has opened. Now, her life is death, “continues Christelle Bonnot, representative of the plaintiff, in a pleading that captured the audience with emotion, dread, sadness.

The depicted woman remains silent. Hair combed in a bun, staring, she expects the court to condemn the man – her first love – who knowingly transmitted HIV in 2005.

“You were aware of what? “
The defendant, 56, contests: “No, we met in early 2004 and we had sex. The former drug addict, now an average guy, swears he only discovered his HIV status in July of that year. “Even so, what were you aware of? You were taking drugs, you recognized that you shared needles. There was a risk. You learnt that you carried the virus and at no time did you inform the lady “asserts the president Cécile Rouvière.

The medical file of the defendant contradicts his allegations. He had confided to doctors, as early as 2011, that he had been HIV positive since 1990. “I never said that. I have never had any tests because I felt healthy. I could have talked to the lady but I was devastated, sick, I had lost my wife a few months earlier. I am sorry. ”

The complainant, whose illness was diagnosed in 2010 (N.D.L.R.: AIDS had already developed), remains stuck on her position. “It was 2005. I got back in touch. I went once to his house. We spoke. He gave me two records from the “Enfoirés”. And then he raped me. The defendant turns his head from right to left. “No, she agreed (Editor’s note: no prosecution has been initiated). ”

“It’s showing little humanity”
For Nathalie Rey-Demaneuf, of the defense, the facts are time-barred (after three years at the time) because the complaint was not filed until 2012. This is not the opinion of the Deputy Prosecutor who recalls the case-law on occult offences (which cannot be known to either the victim or the judicial authority). Swen Morelle is asking for two years in prison: “You have, among other things, medical reports […] He knew he was a carrier of hepatitis C andHIV and that care should be immediate. However, he did not inform his partner. It is showing little humanity. ”

Defense counsel is asking for the law to apply even though the situation in Dubai is unfair: “The only medical documents that provide proof of the virus go back to 2004. As for the medical certificates, the doctors wrote what they were told their patients. Mister is convinced that a department head confused him with another patient. ”

The defence lawyer is asking for the law to apply even if the situation of the Doubian woman is unfair: “The only medical documents that provide proof of the virus date back to 2004. As for medical certificates, doctors wrote what they were told by the patient. The gentleman is convinced that a head of department confused him with another patient. »

The court reserved judgement until11 avril.


Accusé d’avoir transmis le sida à une amie : deux ans requis

Un Doubien de 56 ans comparaissait ce jeudi devant le tribunal correctionnel de Montbéliard pour administration de substance nuisible suivie de mutilation ou d’infirmité permanente. Une habitante avait déposé plainte en 2012 après avoir découvert qu’elle était porteuse du VIH.

Tout a basculé d’une façon irréversible. Restent le sentiment d’être salie, la honte, la souffrance, la déchéance. « Un abîme s’est ouvert. Désormais, sa vie, c’est la mort », poursuit Christelle Bonnot, représentante de la partie civile, dans une plaidoirie qui saisit l’auditoire d’émotion, d’effroi, de tristesse.

La femme dépeinte reste silencieuse. Cheveux coiffés en chignon, regard fixe, elle attend du tribunal la condamnation de l’homme – son premier amour – qui lui aurait sciemment transmis le VIH en 2005.

 

« Vous étiez conscient de quoi ? »

Le prévenu, 56 ans, conteste : « Non, on s’est retrouvé début 2004 et on a eu une relation sexuelle. »L’ancien toxicomane, aujourd’hui Monsieur Tout-le-Monde, jure n’avoir découvert sa séropositivité qu’au mois de juillet cette année-là. « Quand bien même, vous êtes conscient de quoi ? Vous vous étiez drogué, vous reconnaissiez que vous échangiez les seringues. Il y avait un risque. Vous apprenez que vous êtes porteur du virus et à aucun moment, ensuite, vous n’en avez informé Madame ! », assène la présidente Cécile Rouvière.

Le dossier médical du prévenu contredit ses allégations. Il avait confié à des médecins, dès 2011, être séropositif depuis 1990. « Je n’ai jamais dit ça. Je n’ai jamais passé de tests car je me sentais en bonne santé. J’aurais pu en parler à Madame mais j’étais dévasté, malade, j’avais perdu mon épouse quelques mois auparavant. Je suis désolé. »

La plaignante dont la maladie a été diagnostiquée en 2010 (N.D.L.R. : le sida s’était déjà développé), reste campée sur ses positions. « C’était en 2005. J’avais repris contact. Je suis allée une fois chez lui. On a discuté. Il m’a donné deux disques des Enfoirés. Et puis il m’a violée. » Le prévenu tourne la tête de droite à gauche. « Non, elle était d’accord (N.D.L.R. : aucune poursuite n’a été engagée). »

“C’est faire preuve de peu d’humanité”

Pour Nathalie Rey-Demaneuf, à la défense, les faits sont prescrits (au bout de trois ans à l’époque) car la plainte n’a été déposée qu’en 2012. Ce n’est pas l’avis du vice-procureur qui rappelle la jurisprudence en matière d’infraction occulte (qui ne peut être connue ni de la victime, ni de l’autorité judiciaire). Swen Morelle requiert deux ans de prison : « Vous avez, entre autres, les rapports médicaux […] Il savait qu’il était porteur de l’hépatite C, du VIH et que la prise en charge devait être immédiate. Or, il n’en a pas informé sa partenaire. C’est faire preuve de peu d’humanité. »

L’avocate de la défense demande que le droit s’applique même si la situation de la Doubienne est injuste : « Les seuls documents médicaux qui apportent la preuve du virus remontent en 2004. Quant aux certificats médicaux, les médecins rédigeaient ce que leur disaient leurs patients. Monsieur est persuadé qu’un chef de service l’a confondu avec un autre patient. »

L’affaire a été mise en délibéré. Jugement le 11 avril.

Zimbabwe: 50-Year-old man arrested for allegedly transmitting HIV to his wife

Man up for wilful HIV transmission
April 5, 2019

Source: Bulawayo 24 news, April 4, 2019

Man up for wilful HIV transmission

A 50-YEAR-OLD man from Bulawayo has been arrested for deliberately transmitting HIV to his wife. 

The accused person appeared before Western Commonage magistrate, Mr Lungile Ncube, who remanded him out of custody on free bail to today for ruling. 

The court heard that he deliberately transmitted the virus to his wife after they reconciled following a break-up.

Prosecuting, Mr Kenneth Shava said sometime in 2004, the accused person and the complainant separated. 

“Someday in August 2017, the two reconciled and went for HIV tests. The complainant shared her negative results but accused person only told the complainant that he was negative. 

“From that period they started staying together and engaged in unprotected sex,” said Mr Shava. 

The court heard in December the same year, the complainant discovered antiretroviral drugs in their house.

“The complainant asked her husband about the drugs. He admitted that they were his and said he did not know how to tell her that he was positive,” said the prosecutor. 

On June 2018, the complainant tested positive. Later this year she reported the matter to the police leading to accused’s arrest.

US: Kansas man in jail pending trial for alleged HIV exposure and non-disclosure

Harvey County man arrested for exposing others to life–threatening disease
April 5, 2019

Source: KWCH12, April 4, 2019

Harvey County man arrested for exposing others to life-threatening disease

HARVEY COUNTY, Kan. (KWCH) A Harvey County man is in jail after police say he exposed two people to a life-threatening communicable disease.

MX now faces charges for both exposing two people to the disease and attempted aggravated battery.

Newton Police Chief Eric Murphy said he can’t give too many details of the case now that it’s with Harvey County Attorney David Yoder. But he did say one of the victims reported the case to police.

“X was arrested for being involved in sexual relations with individual without disclosing that he had a communicable disease, which is in violation of Kansas law,” Murphy said. “If you have a communicable disease that could be life threatening, you’re required to notify that partner before you’re involved in some sort of sexual relation with them.”

Police said they couldn’t divulge much more about the case other than to say it’s not common and the case isn’t closed.

“It is still an open investigation,” Murphy said. “We do have a couple cases that have been presented to the county attorney’s office but we are still investigating any potential cases and if there’s a victim we’d like for them to come forward.”

Yoder said he could only confirm the people who reported to be victims in the case said X didn’t disclose he had HIV.

He also said the reason for the attempted aggravated battery charge is because the facts of the case led his team to believe there was something “deliberate” about the crimes. Yoder said he couldn’t explain further as X hasn’t had a first appearance yet.

One of X’s accusers who didn’t want to be identified gave FactFinder 12 a statement to encourage others to get tested.

She wrote, “I want anyone who has been with him since at least 2015 to get tested. Even if they don’t press charges, just go get tested. Make sure you are okay.”

Murphy echoed the same push saying, “If nothing else, get tested so you know whether or not you’ve been exposed.”

FactFinder 12 spoke with Donna Sweet who is a doctor with KU School of Medicine and also the director of the HIV services program. She said while anyone who believes they could be affected by this case should get tested, that’s not the only group who should.

Sweet said anyone who is sexually active needs to be tested for HIV as well as other sexually transmitted diseases. She said the CDC has had the HIV testing recommendation in place since 2006. She also recommends anyone who gets tested to get a 4th Generation HIV Test since it catches the virus sooner.

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