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[Update]US: Man convicted in Oregon in 2012 for HIV-exposure and whose 10-year prison sentence in Georgia was overturned in 2018, arrested again

HIV–Positive Gwinnett Man Convicted Of Reckless Conduct
July 30, 2019

Curry County Man accused of trying to spread HIV through sex

Source: KDrV.com, July 30,2019

GOLD BEACH, Ore. — Deputies arrested a Gold Beach man last week following a report that he was “spreading or attempting to spread” the Human Immunodeficiency Virus (HIV) through sex without telling his partner.

According to the Curry County Sheriff’s Office, deputies took James Allen Propes into custody shortly after 1 p.m. last Thursday. The Sheriff’s Office had received a complaint “months prior” claiming that Propes had been knowingly trying to spread the disease.

Court records show that Propes has been charged with both first and second degree attempted assault by “manifesting extreme indifference to the value of human life” in potentially transmitting HIV without notifying the other person. The same document also claims that Propes had been on parole at the time, and had “engaged in persistent involvement in similar offenses” unrelated to this particular case.

“Due to the risk to public health, the Curry County Sheriff’s Office is asking anyone with information about this case or who may have had consensual contact with Propes to contact Curry County Sheriff’s Detectives at 541-247-3242 x4,” the agency said in a statement.

Contemporary news reports and court records indicate that Propes faced similar charges in Oregon back in 2012 and was convicted, then faced more charges in Georgia in 2016 before being sentenced to 10 years in prison.

A decision furnished by the Georgia Court of Appeals on June 1, 2018 overturned Propes’ conviction in Georgia because the prosecution did not present any concrete proof of Propes’ HIV-positive status — i.e. an approved medical test confirming that status. While law enforcement in both Oregon and Georgia provided evidence that Propes admitted he had HIV, the Appeals Court determined that this was not sufficient.

At his Curry County arraignment on July 26, Propes reportedly got up and walked out of the room and had to be ordered to return. He was found in contempt of court, with his bail set at $1 million.


 Court of Appeals of Georgia. PROPES v. THE STATE – concludes that the State failed to meet its burden to prove Propes’s HIV positive status under OCGA § 16-5-60

 A18A0549

Decided: June 01, 2018

ELLINGTON, P. J., BETHEL, J., and SENIOR APPELLATE JUDGE PHIPPS

A Gwinnett County jury found James Propes guilty beyond a reasonable doubt of a violation of OCGA § 16-5-60 (c), which prohibits certain conduct by HIV infected persons. Specifically, the jury found Propes guilty of, after obtaining knowledge of being infected with HIV, knowingly engaging in sexual intercourse without disclosing to the other person the fact of his being an HIV infected person prior to that intercourse. Following the denial of his motion for a new trial, Propes appeals, contending inter alia, that the evidence was insufficient to support his conviction. For the reasons explained below, we reverse.

1. Propes contends that the State failed to present any laboratory test results or other evidence from which the jury could find that he was an HIV infected person under OCGA § 16-5-60. Based on this, Propes contends that the evidence was insufficient to support his conviction.

“When an appellate court reviews the sufficiency of the evidence, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Punctuation and footnote omitted.) Rodriguez v. State, 343 Ga. App. 526, 527 (806 SE2d 916) (2017).1 OCGA § 16-5-60 (c) provides, in pertinent part,

A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV[,] ․ [k]nowingly engages in sexual intercourse ․ and the HIV infected person does not disclose to the other person the fact of that infected person’s being an HIV infected person prior to that intercourse ․ is guilty of a felony[.2]

Viewed in the light most favorable to the jury’s verdict, the record shows that the State presented the following evidence at trial regarding whether, at the relevant time, Propes was an HIV infected person:

An investigator for the Hancock County, Indiana prosecutor’s office testified that in February 2012 he was investigating Propes for a case involving failure to warn regarding communicable disease. The investigator testified that his local jurisdiction required him to confirm the HIV status of a suspect before obtaining a warrant for failing to warn. The investigator testified that he sent a subpoena to the Indiana Department of Health for records regarding Propes. In response to his subpoena, the investigator received several documents: an “Affidavit of Custodian of Business Records” attesting that the other documents were made, kept, and used in the ordinary course of business of the Indiana Department of Health; an Adult HIV/AIDS Confidential Case Report issued by the Indiana Department of Health concerning Propes which indicated that he had an HIV infection, a “viral load” of 10,000,000, and a negative “HIV antibody test[ ]” result for “HIV-1/HIV-2 combination EIA”; and two notices issued by HIV Care Coordination, a program of the Indiana Department of Health and signed by Propes in June and July 2012 that under Indiana duty to warn laws “one must notify sex ․ partner(s) of his/her positive HIV or AIDS status prior to ․ [e]ngaging in any sexual acts[.]” After reviewing those documents, the investigator applied for a warrant against Propes for failure to warn regarding communicable disease. During the investigator’s testimony, the trial court admitted the Indiana health department documents over Propes’s objections as State’s Exhibit 1.

An investigator for the Curry County, Oregon Sheriff’s Office testified that he arrested Propes for reckless endangerment and other charges in July 2012. During the investigator’s testimony, the trial court admitted over Propes’s objections the Curry County indictment and guilty pleas to reckless endangerment and attempted assault, which charged him with using bodily fluids containing Human Immunodeficiency Virus as a deadly weapon. No relevant lab reports were introduced during the investigator’s testimony.

The victim named in the indictment in this case testified that in July 2014 she and Propes had a relationship that included sexual intercourse on three occasions. During their sexual encounters, Propes did not wear a condom. The victim testified that he never told her that he was HIV-positive. The victim testified that she learned Propes was HIV-positive after the relationship, when she found two articles about him in an internet search. The victim went to the Gwinnett County Police Department and reported the offense.

A Gwinnett County investigator interviewed Propes. Propes told the investigator that he was HIV-positive and that he had been for about five years. He also admitted that he had sex with the victim, although he averred that it was only once and that he had worn a condom, that he did not tell her that he was HIV-positive, and that he knew he could get in trouble for failing to disclose his positive status to a sexual partner. There is no evidence of any HIV testing beyond that referenced by the investigator who testified about the Indiana arrest.

For purposes of defining the offense of prohibited conduct by an HIV infected person, OCGA § 16-5-60, in subsection (a), incorporates the definitions set out in Georgia’s Health Code in OCGA § 31-22-9.1, which defines “HIV infected person” as “a person who has been determined to be infected with HIV, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.” OCGA § 31-22-9.1 (a) (11).3 “Determined to be infected with HIV” means “having a confirmed positive HIV test or having been clinically diagnosed as having AIDS.” OCGA § 31-22-9.1 (a) (7). “Confirmed positive HIV test” means “the results of at least two separate types of HIV tests, both of which indicate the presence of HIV in the substance tested thereby.” OCGA § 31-22-9.1 (a) (5). And “HIV test” is defined as “any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, which test has been approved for such purposes by the regulations of the department[,]” that is, the Department of Community Health (DCH). OCGA § 31-22-9.1 (a) (12). See also Rodriguez v. State, 343 Ga. App. at 529.

Reading these definitional sections together, we have held that the State is required to prove, among the other elements, that a defendant was determined to be infected with HIV by an HIV test approved for such purposes by the regulations of DCH. Id. at 529-530 (“[U]nder the uniform rule of strict construction, a penal statute can not be expanded by implication to include conduct or persons not explicitly identified in the statute.”) (punctuation and footnote omitted).4 As in Rodriguez, the record in this case is devoid of any evidence that Propes was determined to be infected with HIV by an HIV test approved for such purposes by the regulations of DCH. See id. at 530 (The only evidence of the defendant’s HIV status was a one-page laboratory testing report that presented only “raw blood data and medical jargon” and did not purport to satisfy the regulations of DCH, the defendant’s postcoital admission to the victim that he was “HIV positive,” and his later admission to investigators that he was HIV positive, neither of which addressed the type of testing done or the approval by DCH.). Id. at 530-531. In Rodriguez, we specifically noted that there was no evidence as to the nature of a lab report admitted by the State or the lab’s compliance with DCH regulations or licensing requirements and no testimony by “a physician or other competent witness to explain the test report; testify as to its origin, methodology, or meaning; or describe how it satisfie[d] the statutory criteria for demonstrating that a person is an HIV infected person under the definitions in OCGA § 31-22-9.1.” (Punctuation omitted.) Id. Because the record in this case suffers from the same deficiencies, we conclude that the State failed to meet its burden to prove Propes’s HIV positive status under OCGA § 16-5-60. Rodriguez v. State, 343 Ga. App. at 531.5

2. Propes’s remaining enumerated errors are moot.

FOOTNOTES

1.   See also Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979); Rankin v. State, 278 Ga. 704, 705 (606 SE2d 269) (2004).

2.   We note that, although the Code Commission titled the Code section “Reckless conduct; HIV infected persons,” the word “reckless” does not appear in the statute. A finding of recklessness is therefore not a separate essential element of the offense.

3.   We note that the State has not alleged that Propes has been clinically diagnosed as having AIDS.

4.   See also Robin C. Larner, 18 Ga. Jur. Criminal Law § 9:7 (March 2018 update).

5.   We note that the State argued on appeal that the evidence, specifically, the documents admitted asState’s Exhibit number one, ․ [,] Appellant’s confession as to knowing he was infected with HIV[,] as well as his previous plea of guilty in Oregon for similar behaviors were admitted for the jury’s consideration. ․ [T]he evidence clearly inculpates Appellant having being HIV infected, having knowledge of his HIV status and not notifying sexual partners of that status prior to engaging in sexual intercourse[.]Although Rodriguez was decided after judgment was entered in this case, it was decided based on the plain meaning of OCGA §§ 16-5-60 and 31-22-9.1, the text of which has not changed in any pertinent way, and it did not constitute a substantive change in any existing case law regarding the essential elements of the offense of prohibited conduct by an HIV-infected person. See Ga. L. 2003, pp. 306-307 (Act No. 54, § 1); Ga. L. 2011, pp., 337, 345, 705, 745, 748 (Act No. 84, § 10, and Act No. 244, § 6-3); Ga. L. 2016, pp. 752-754 (Act No. 568, § 3). Accordingly, there is no issue regarding whether our decision in this case constitutes impermissible retroactive application of a change in the law after entry of judgment. See Hammond v. State, 289 Ga. 142, 143 (710 SE2d 124) (2011); Scott v. Hernandez-Cuevas, 260 Ga. 466, 466-467 (1) (396 SE2d 900) (1990).

ELLINGTON, Presiding Judge.

Judgment reversed. Bethel, J., and Senior Appellate Judge Herbert E. Phipps concur.


James Propes solicited sexual partners on Craigslist without disclosing that he was HIV-positive.

LAWRENCEVILLE, GA — A Gwinnett County man was sentenced to 10 years in prison Friday for soliciting sexual partners online without telling them he is HIV-positive.

James Propes, 24, was found guilty on two counts of reckless conduct by an HIV-infected person.

According to testimony in his trial, two women came forward last August to say they had had sexual relations with Propes after meeting via a Craigslist personal ad.

The first woman contacted police after finding a news article stating that he had been arrested and convicted of a similar crime in another state.

Propes has been charged with similar crimes in Oregon and Indiana. He pleaded guilty in the Oregon case and the Indiana case is still open.

The second woman learned Propes was HIV-positive after he was arrested.

Propes never disclosed his medical status to either of the victims, according to testimony.

At his sentencing Friday, Superior Court Judge Tom Davis had harsh words for Propes.

According to a readout from the District Attorney’s office, Davis said Propes “is one of two types of people. One … you have decided that you would do whatever it takes to do what you want to have a sexual encounter, or, two, you are an evil person and want to punish others for your illness.”

Davis said he hopes Propes serves every day of his 10-year sentence and that, if he were able, he would have sentenced Propes to more time in order to keep the public safe.

The Gwinnett County District Attorney’s office is urging anyone else who had sex with Propes without being notified he is HIV-positive to contact police.

Originally published in Patch

Singapore: Former policeman sentenced to 19 months for not disclosing his HIV status to sex workers

Ex–policeman with HIV jailed for hiding condition from prostitutes he demanded sex from
July 27, 2019

Source: Yahoo News Singapore, July 26, 2019

SINGAPORE — A former policeman who rented out his one-bedroom Geylang flat to three prostitutes and demanded sexual services from two of them was on Friday (26 July) sentenced to 19 months’ jail and a $2,500 fine.

The 52-year-old man had also wilfully avoided informing the women that he carried the human immunodeficiency virus (HIV).

He had also threatened to create trouble for one of the prostitutes if she did not provide her services to him.

The man had earlier pleaded guilty to one count of living off the earnings of prostitutes and one charge of letting his rental unit be used as a brothel. He also admitted to two counts of engaging in sexual activity without informing the other party of his HIV status.

Another four similar charges were considered in sentencing.

The man’s name cannot be revealed due to a court-imposed gag order.

Under the Infectious Diseases Act, HIV-positive persons are obliged, prior to sexual intercourse, to inform their partners of their condition and to obtain their acknowledgement of the risks involved. A person who fails to do so can be fined up to $50,000 or jailed up to 10 years, or both.

Demanded sexual services

In January 2017, the man – who was then working as a security guard – began renting the one-bedroom flat in Geylang with the intention of letting his partner live there. When his partner disappeared, he advertised the unit in a group chat that was populated largely by prostitutes.

On 19 June that year, a 33-year-old Chinese national told him that she wanted to rent the unit to carry out sexual services.

The duo later met to discuss the terms of the lease and the man asked for sex. He used his status as a former police officer to persuade the woman, who agreed out of fear of getting into trouble with the law.

They had protected sex after she insisted that he use a condom. She was not paid for her services.

The two then agreed on terms for the rental of the flat for the woman’s work.

On 22 June, the man again requested to have sex but the woman put off meeting him. He then accused her of allowing her partner to stay at the flat.

The man also increased the woman’s daily rental fee, telling her that the unit was “a work room, not a love nest”, according to the prosecution.

The man chased the woman out the next day, threatening to call the police on her. He refunded her a balance of $600 before she left.

The man allowed a second woman, a 39-year-old China national, to rent the unit for the same purpose between 24 June and 4 July.

A third woman, a 33-year-old female China national, rented the flat between 5 July and 11 July.

The man also engaged in sexual activities with the third woman without telling her that he was HIV positive.

According to the prosecution, both women would not have had sex with the man had they been aware of his HIV status.

Sent e-mails to health ministry

On 4 April 2017, the man sent an e-mail to the health ministry stating that he had sex with a prostitute whom he suspected of having a sexually transmitted disease. He requested that the authorities investigate and repatriate her.

Four days later, he e-mailed the ministry again and revealed that he was HIV positive and that the condom he used had broken while he was having sex with the prostitute he previously mentioned.

The ministry’s surveillance and enforcement branch investigated the matter.

The man first suspected that he had contracted HIV in Thailand in 2003 but did not seek treatment. He was formally diagnosed with the disease in May 2008.

Viral load ‘not detectable’

Between December 2016 and July 2017, the man’s HIV viral load was “not detectable” – meaning that he had low to no chance of infecting his sexual partners. He had been consistently taking HIV medication during the period.

He collected about $2,500 in total from all three women and used the money for personal expenses.

The 39-year-old woman was arrested on 4 July after police officers conducted a raid at the unit.

The man was arrested on 11 July when police officers ambushed him at his workplace.

For running a brothel at his rental unit, the man could have been jailed up to three years or fined up to $3,000. For living off the earnings of a prostitute, he could have been jailed up to five years and fined up to $10,000.

He will begin his sentence on 16 August.

India: Police investigates complaint by woman alleging her daughter-in-law attempted to kill her son with an HIV infected syringe

Man infected with HIV, mother accuses wife
July 26, 2019

Source: The Tribune, July 25, 2019

Man infected with HIV, mother accuses wife

A woman from Anandpur Sahib has lodged a complaint with the police alleging that her daughter-in-law tried to kill her son using a syringe infected with HIV virus. The complainant stated that she came to know about the condition of her son when he was rendered incapacitated due to multiple diseases and taken to the PGI, Chandigarh, for treatment.

The woman alleged that her daughter-in-law had extramarital affair. “For the last few years, my son was confined to the house and his wife was seen giving him injections,” she alleged.

She alleged that nowit had been confirmed that her daughter-in-law already knew that her husband had AIDS and she told him not to reveal it to anyone otherwise the family would be isolated due to social stigma attached to the disease.

She said five months ago, her son was rendered bedridden and with the help of her daughter she took him to the PGI where the doctors found him HIV positive. She claimed that the doctors confirmed that her son got the infection due to unsafe use of syringes.

Ropar SSP SwapanSharma said they had started investigation into the complaint.

Australia: Sydney man sentenced to five years in jail for alleged HIV transmission

Man kept HIV secret from his lover despite years of warnings from doctors
July 26, 2019

Source: news.com.au, July 26, 2019

Man kept HIV secret from his lover despite years of warnings from doctors

An Australian man kept a dangerous secret from his partner until it was too late — and then said the most extraordinary thing to police.

A Sydney man who knowingly infected his partner with HIV has been jailed for five years after his girlfriend received a Valentine’s Day bombshell she had caught the incurable infection.

The woman, aged in her 50s, called police because he was “a danger and everyone should know” when she discovered he was infected for several years before they met and didn’t inform her of his condition.

He pleaded guilty to causing grievous bodily harm with intent and was sentenced last week at the District Court at Sydney’s Downing Centre. A charge of bestiality that was laid when he was charged last year was withdrawn.

The man, 54, had been in a relationship with the woman, who cannot legally be named, since mid-2016. The pair had unprotected sex despite the fact he had known for over a decade he was HIV positive and had been repeatedly warned by doctors of his legal responsibility to tell his partners.

Within months of meeting him, the woman began to feel unwell, rundown and with multiple mouth ulcers that wouldn’t heal, an agreed set of police facts state. The woman spoke to him about getting checked for STIs and he “lied and said he had not been tested but would do so”.

He finally told her his HIV status in early 2017 but led her to believe it was a recent diagnosis.

According to the police facts, the conversation happened when the couple were driving. He told her: “I’ve got the results of that test”. She asked what they were, but he told her he would tell her “when we stop driving”.

“No, you have to tell me now, I think I can already tell what the answer is.”

He then told her: “I have HIV. I have to take you to RPA with me, they are going to do tests.”

Finally, on February 14, she received the devastating news that she was HIV-positive. Their relationship continued and they both began treatment and counselling with him continuing to suggest his diagnosis was new.

“The victim was increasingly suspicious that clinic staff knew more about the offender’s diagnosis than was being disclosed to her…The offender took steps to hide the information from her, including destroying a letter from the clinic when she questioned him about it,” the facts state.

She finally learnt the truth as a result of “her own inquiries”.

She broke off the relationship and called police who arrested him at his Rozelle workplace on March 22 last year. While he was waiting for a police vehicle to arrive he told an officer after being cautioned his arrest was because “I gave her HIV right?”. He went on to claim they had unprotected sex just once after the condom “slipped off” after they were “pretty drunk and wasted”.

He later claimed he told her about his condition and knew what he had done was wrong.

“I know what I have done is unforgivable…I’ve got to live with the consequences,” he told police.

In the same police interview though he told an officer of his irritation when the victim “got in his face” repeatedly said “what have you done to me”.

During these arguments he tried to tell her HIV was now a manageable infection and “not a life sentence” and likened it to a diabetic taking insulin.

He detailed about the angry conversations the couple has when she discovered the truth.”(She would say) I’m a danger, blah, blah, blah, when she cracks up…She says I’m a danger and everyone should know.”

The officer asked him why he was never honest with the victim and he said it was due to him “not wanting my problems to be her problems”, to which the officer replied; “But it is now huh?’’

The man was sentenced to five years and three months which commenced on his arrest date in March 2018, with a non-parole period of three years and three months. He will first be eligible for parole in June 2021.

[Update]US: 10 years sentence for man previously found to be “risk to the public” for alleged HIV non-disclosure

HIV positive man deemed a ’danger to society’ gets 10–year prison sentence
July 26, 2019

Source: WearTV, July 26, 2019

HIV positive man deemed a ‘danger to society’ gets 10-year prison sentence

The man deemed “a danger to society” by an Escambia County jury was sentenced on Friday to 10 years in state prison and five years of probation.

RX was charged with three felony counts of having sex with women without telling them he’s HIV positive.

He pleaded no contest to those charges.

The State Attorney’s Office says X didn’t score in the range to receive state prison as a punishment, so the state put into question X’s danger to the public.

A penalty procedure was held in April. A jury deemed him a danger to society.

According to court records, he will get credit for the time he served in jail which is 612 days. 


Source WearTV on July 12, 2019

Sentencing rescheduled for Escambia man accused of spreading HIV to partners

The Florida man who was deemed as “a danger to society” by an Escambia County jury had a another competency hearing on Friday.

According to court records, RX was charged three felony counts of having sex with women and without telling them he’s HIV positive.

X pleaded no contest to those charges and testified in court saying ” I’m not a monster.”

The arrest report states X admitted he knew about his positive test result since September of 2016 and believes there are additional victims.

The State Attorney Office says X didn’t “score” in the range to receive state prison as a punishment, so the state put into question Bradford’s danger to the public.

A penalty procedure was held in April and a jury determines X was a danger to society.

On Thursday X asked to court to withdraw his plea, saying he was incompetent at the time.

Court records show, the judge denied the motion and X faces a sentence of fifteen years in prison.

X is scheduled to be sentenced on July 26, 2019 at 9:00 a.m. after Defense Attorney Patrece Cashwell told the judge she had 11 witnesses to see for the case.


 Source: WearTV on May 31, 2019

Pensacola man accused of spreading HIV to women faces 15 years in prison

A Pensacola man who admitted to not sharing his HIV status with his sexual partners was back in court on Thursday.

According to court records, X’s attorneys tried to withdraw his guilty plea, but the judge said he will move forward with the case.

We reported back in April that an Escambia County jury deemed X a danger to society after it took them no more than an hour to reach their decision.

Police reports indicated the incidents occurred in Escambia County and Pensacola between September 2016 and October 2017.

X was arrested in 2017, according to records filed and he faces up to 15 years in state prison.

The state attorney says X will be sentenced in July 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.

 

Bhutan: 38-year-old sentenced to three years in jail for alleged HIV transmission

Driver sentenced for transmitting HIV
July 26, 2019

Source: Kuensel, July 25, 2019

Samdrupjongkhar dzongkhag court sentenced a 38-year-old man from Trashiyangtse to three years in prison for criminal nuisance yesterday.

The man, a driver by profession, whose name is withheld to protect those he infected and his family, is found guilty of transmitting HIV (Human Immunodeficiency Virus) to two women earlier this year.

Samdrupjongkhar police arrested him on April 5 this year after one of the victims lodged a complaint against him.

The judgment stated that although the driver was detected with HIV since 2017 and is on medication, he did not reveal his HIV status to the victims.

He had an affair with one of the victims earlier this year and transmitted the virus.

He was charged for violating section 410 of the Penal Code of Bhutan, which states “A defendant shall be guilty of the offence of criminal nuisance, if the defendant knowingly or recklessly creates or maintains a condition including spreading of dangerous disease that injures or endangers the safety or health of the public.”

The offence is graded a fourth-degree felony.

The driver was again found guilty of transmitting the virus to another woman in April this year.

The court, considering the aggravating circumstances, enhanced the offence to a felony of fourth-degree and rendered a non-compoundable three years imprisonment sentencing.

 

Russia: Man living with HIV sentenced to 3 years imprisonment for biting a police officer

A Votkinsk resident infected with HIV bit a police officer. The court sentenced the attacker
July 25, 2019

Google translation – For Russian article scroll down.

A Votkinsk resident infected with HIV bit a police officer. The court sentenced the attacker

A Votkinsk resident infected with HIV bit a police officer. It is reported by the press service of the republic’s prosecutor’s office.

– On January 20, 2019, a police officer demanded that the offender stop committing unlawful acts. The man, knowing that he had a disease while intoxicated, refused to fulfill the policeman’s demands and bit him on the arm, the agency reports.

The court sentenced the attacker. A man was sentenced to 3 years of imprisonment with a sentence served in a general regime penal colony.


Житель Воткинска, зараженный ВИЧ, укусил сотрудника полиции. Суд вынес злоумышленнику приговор

Житель Воткинска, зараженный ВИЧ, укусил сотрудника полиции. Об этом сообщает пресс-служба прокуратуры республики.

– 20 января 2019 года сотрудник полиции потребовал, чтобы правонарушитель прекратил совершение противоправных действий. Мужчина, зная о наличии у себя заболевания, находясь в состоянии алкогольного опьянения, отказался выполнить требования полицейского и укусил его за руку, – сообщает ведомство.

Суд вынес приговор злоумышленнику. За содеянное мужчине назначено наказание в виде 3 лет лишения свободы с отбыванием наказания в исправительной колонии общего режима.

US: Laws should not penalise marginalised populations that might lack access to drugs, instead HIV exposure should be decriminalised altogether unless there was clear intent to infect someone

Sex with HIV still a crime? Updated laws divide advocates
July 24, 2019
Source The Associated Press

ATLANTA (AP) — As Sanjay Johnson describes it, his sexual encounter with James Booth on Oct. 2, 2015, was a one-night stand. But it would bind the men inextricably two years later, when Booth walked into an Arkansas police station and accused Johnson of exposing him to HIV.

Little Rock prosecutors pursued a criminal charge against Johnson even though a doctor said he couldn’t have transmitted HIV to Booth because he was on medication that suppressed his virus.

“It really tested me just to keep going,” Johnson said about his criminal case, which ended this year. “Last year, I thought of suicide.”

Booth said he deserved to know about Johnson’s HIV status regardless of any medical treatment.

“I could have protected myself,” he said.

Roughly 20 states have laws like the one in Arkansas that make it a crime for people with HIV to have sex without first informing their partner of their infection, regardless of whether they used a condom or were on medication that made transmission of the disease effectively impossible.

Health experts and advocates for HIV patients say that rather than deterring behavior that could transmit the virus, such laws perpetuate stigma about the disease that can prevent people from getting diagnosed or treated.

North Carolina and Michigan recently updated their HIV policies to exempt HIV patients from prosecution if they’re on medication that has suppressed their virus. A Louisiana law that took effect in August 2018 allows defendants to challenge a charge of exposing someone to HIV by presenting evidence that a doctor advised them they weren’t infectious.

Many advocates say the new policies create an underclass of people who lack access to drugs and are therefore still vulnerable to prosecution. They say states should instead decriminalize HIV exposure altogether unless the person intends to infect someone.

“We shouldn’t be creating laws that create additional strata and divisiveness among already marginalized populations,” said Eric Paulk, deputy director of Georgia Equality.

The fight comes as the Trump administration aims to eradicate HIV — the virus that causes AIDS — by 2030.

The laws’ defenders point to statistics showing tens of thousands of new HIV diagnoses each year and say that although the disease may not be a death sentence anymore, it still requires a lifetime of expensive medical treatment.

The Arkansas attorney general’s office filed a brief last year in Johnson’s case rejecting the argument that criminalizing HIV exposure no longer served any purpose.

“HIV remains a serious threat to public health,” it wrote.

In Booth and Johnson’s case, they met through a gay dating app.

According to Booth, Johnson denied he was HIV positive before they had unprotected sex. Johnson, 26, said he didn’t remember discussing his HIV status.

A plea deal that prosecutors offered Johnson shows officials were mindful of advances in the science around HIV, said John Johnson, chief deputy prosecutor in Pulaski County. The deal allowed the accused man to avoid prison time and have his record expunged.

But prosecutors also wanted to promote the importance of disclosing HIV to potential sexual partners, he said.

“The flip side of this coin is that there is a victim to this crime,” the prosecutor said.

People with HIV who are on antiretroviral drugs that keep their viral load below a specific threshold have “effectively no risk” of transmitting HIV, according to the federal Centers for Disease Control and Prevention. But as of 2016, only a little more than half of the estimated 1.1 million people living with HIV in the U.S. were virally suppressed, the CDC says.

Sarah Lewis Peel, spokeswoman for North Carolina’s Department of Health and Human Services, said in an email that her state’s new policy ensures HIV prevention and control strategies are “firmly rooted in science.” Responding to criticism that the change leaves some people behind, she listed multiple programs that cover HIV medication.

Critics say states should decriminalize HIV exposure altogether unless there’s intent to infect someone. That would reflect the reality that HIV is manageable and not easy to contract, dozens of advocacy groups said in a July 2017 consensus statement.

Georgia may be headed in that direction. Pending legislation would require intent to transmit HIV for a prosecution.

It’s not clear how many people have faced prosecution under HIV laws around the country, but data from two states analyzed by a think tank at the University of California, Los Angeles, School of Law indicate they aren’t isolated occurrences. Florida and Georgia authorities made nearly 1,500 arrests on suspicion of HIV-related crimes from the 1980s through 2017, hundreds of which resulted in convictions, according to the Williams Institute.

Booth said he tested positive for HIV after his encounter with Johnson. Johnson’s doctor, Nathaniel Smith, told The Associated Press that Booth couldn’t have contracted HIV from Johnson because a lab test around the time of their encounter showed Johnson’s viral load was too low. Smith, who testified in Johnson’s case, also directs the Arkansas Department of Health.

Johnson pleaded no contest in February to aggravated assault as part of his deal with prosecutors and was sentenced to five years’ probation. He would have faced up to 30 years behind bars and the possibility of having to register as a sex offender had a jury convicted him of the HIV-exposure charge.

He has a new job helping people manage their diets but said his arrest and prosecution left a scar.

“It did make me more closed off,” he said.

Booth said he has sympathy for what Johnson went through but stands by his decision to tell police.

“It was something that needed to be done,” he said.

Copyright © 2019 The Associated Press

Mexico: Mexican Network of Organisations against HIV criminalisation calls on Veracruz State Congress to stop proposed criminalisation legislation

NGOs call local deputy to stop proposal that criminalizes people with HIV
July 23, 2019

Source: Diario de Xalapa, 22nd July 2019

Google translation, scroll down for Spanish article

NGOs call local deputy to stop proposal that criminalizes people with HIV

On April 30, 2018, the Supreme Court of Justice of the Nation ruled in favor of the Unconstitutionality Action 139/2015 promoted by the National Human Rights Commission

The Mexican Network of Organizations Against HIV Criminalization, called upon the deputy chairwoman of the Administration and Budget Commission of the Veracruz State Congress, Jessica Ramírez Cisneros, to stop the legislative process of her proposal to reform articles 157 and 158 of the Criminal Code of the State , where it is intended to impose from six months to five years in prison and a fine of up to 50 Units of Measurement and Update (UMA) who, fraudulently, endangers of “contagion” of a serious illness to another person

In this, it is considered among these serious and communicable diseases to “syphilis, gonorrhea, hepatitis B and C, herpes, HIV, tuberculosis” , which contradicts the historical ruling of the SCJN that invalidates the modification of the annulment of article 158.

Through a letter addressed to the legislator to channel their efforts for human rights and encourage the repeal of article 158 of the Criminal Code for the Free and Sovereign State of Veracruz of Ignacio de la Llave.

Remember that on April 30, 2018, the Supreme Court of Justice of the Nation ruled in favor of the Unconstitutionality Action 139/2015 promoted by the National Human Rights Commission , at the request of the Multisectoral Group on HIV / AIDS and STIs of the State of Veracruz, against the amendment to article 158 of the Criminal Code for the Free and Sovereign State of Veracruz of Ignacio de la Llave, in whose content the penalty for the offense of alleged “contagion” (transmission should be said) was added to who has sexually transmitted infections, specifying HIV.


ONGs llaman a diputada local parar propuesta que criminaliza a personas con VIH

El 30 de abril de 2018, la Suprema Corte de Justicia de la Nación falló a favor de la Acción de Inconstitucionalidad 139/2015 promovida por la Comisión Nacional de los Derechos Humanos

La Red Mexicana de Organizaciones contra la Criminalización del VIH, hizo un exhorto a la diputada presidenta de la Comisión de Administración y Presupuesto del Congreso del Estado de Veracruz, Jessica Ramírez Cisneros, detener el proceso legislativo de su propuesta para reformar los artículos 157 y 158 del Código Penal del Estado, en donde se pretende imponer de seis meses a cinco años de prisión y multa de hasta 50 Unidades de Medida y Actualización (UMA) a quien, dolosamente, ponga en peligro de “contagio” de una enfermedad grave a otra persona.

En esta, se considera entre dichas enfermedades graves y transmisibles a la “sífilis, gonorrea, hepatitis B y C, herpes, VIH, tuberculosis”, misma que contradice el fallo histórico de la SCJN que invalida la modificación del anula el artículo 158.

A través de una carta dirigida a la legisladora canalizar sus esfuerzos en pro de los derechos humanos y fomente la derogación del artículo 158 del Código Penal para el Estado Libre y Soberano de Veracruz de Ignacio de la Llave.

Recuerdan que el 30 de abril de 2018, la Suprema Corte de Justicia de la Nación, falló a favor de la Acción de Inconstitucionalidad 139/2015 promovida por la Comisión Nacional de los Derechos Humanos, a solicitud del Grupo Multisectorial en VIH/sida e ITS del Estado de Veracruz, en contra de la reforma al artículo 158 del Código Penal para el Estado Libre y Soberano de Veracruz de Ignacio de la Llave, en cuyo contenido se agregó la sanción por delito de presunto “contagio” (debería decirse transmisión) a quien presente infecciones de transmisión sexual, especificando VIH.

UK: Woman sues her husband for alleged HIV transmission

’HE IS SO SELFISH’ Wife sues her husband for infecting her with HIV in landmark legal case
July 23, 2019

Source: The Sun, 22nd July 2019

‘HE IS SO SELFISH’ – Wife sues her husband for infecting her with HIV in landmark legal case

A WIFE is suing her husband for infecting her with HIV in what is believed to be a landmark UK case.

The woman, diagnosed with Aids after getting pneumonia, wants up to £50,000 for personal injury through gross negligence.

She says he picked up HIV by having unprotected sex with a string of men and women behind her back during seven years together.

The 36-year-old, who we are not naming, learned she had HIV after hospital tests to pinpoint a series of debilitating illnesses.

She said: “As soon as they told me I said ‘That b****** has given it me. I’d been faithful so there was no one else it could have been.

“The only way I could have got it is through sex. It could only ever have been him.”

The woman, now separated, does not believe he knew he had HIV but had recklessly had sex with others without protection.

She rang him as soon as she got the diagnosis.

The woman said: “I was scared. I thought he’d sleep with someone and give it to them.

“I said ‘I’ve just been told I have HIV.’ He went quiet. Then he just said ‘OK’.”

But two days later he sent an accusing text that said: “I can’t believe you just told me I’m going to die.”

She said: “He is so selfish. It was all about him even though I was in a wheelchair when I got out of hospital. I was so upset.”

The final straw came when he ludicrously claimed she probably had Aids, the most advanced stage of the HIV virus that attacks the immune system, because she was obsessive about cleanliness.

The woman, who is now responding well to medical treatment, said: “He suggested using too much bleach to clean my house had made my immune system weak.

“That’s when I decided to contact lawyers — I couldn’t let him get away with it.”

The couple had been together for seven years and wed in April 2017 but the relationship was breaking down over suspicions he was cheating on her.

She was trying to build bridges when she started feeling lethargic last October.

Doctors diagnosed a rash under her eye as shingles before a huge red mark erupted all over her body later that month.

After being discharged by medics who thought she had simply suffered an allergic reaction the woman’s sister had to call an ambulance when she was unable to get out of bed.

She was in and out of hospital over fears she had caught a tropical disease and given steroids, antibiotics and oxygen to try and fight it.

After months trying to get to the bottom of it the woman received a call on December 14 asking her to come into hospital.

Bad News

“I knew at that point it was bad news,” she said. “It was either cancer or HIV. When they told me I was worried I would give it to people around me.

“I was very ignorant, I didn’t realise how much has changed in the treatment of Aids.

“I thought I was going to die. All I could think of was the Aids adverts in the 1980s with the tombstone.”

Modern medicine means it is now possible to progress to a stage where you are “undetectable” – meaning you can sleep with people and not pass the illness on.

But the woman did not know this at the time. “I was telling my family to get away from me,” she said.

“I didn’t know anything about it so I believed all the stigma. I thought it was a death sentence.”

She now wants to talk out to raise awareness of the disease. She said: “I have also just been declared undetectable myself.

“As traumatic as it is people need to know that it is very treatable. I will be able to live out a relatively normal life, so I hope my case helps people realise that Aids is not the end for you.

“I think more needs to be done to educate people, especially the older generation who still believe the stigma.”

She is taking him to court to gain compensation after being advised against trying to gain a criminal conviction.

She said: “Although it can be deemed a criminal offence the process is quite difficult.

“They will try and bring up my sexual history which can be quite gruelling so this is the least intrusive way forward.”

Her solicitors served legal papers in May after advising that a criminal prosecution was unlikely. Her husband has yet to respond.

Lawyers say she could be awarded about £50,000. There have been no similar cases with married couples in the UK but an American known as John B was fined £8.3million by a Californian judge for giving his ex-wife HIV in 2008.

 

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