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HIV Criminalisation takes centre stage at AIDS Action Europe member and partner Meeting

E–News AIDS Action Europe Member and Partner Meeting 2019
November 20, 2019

[update]US: Previously convicted ex-police officer facing five felony charges for alleged HIV non-disclosure is heading to trial

Trial to start for ex–cop accused of not telling sexual partners he has HIV
November 20, 2019

 Source: Valliant News, November 20, 2019

Trial to start for ex-cop accused of not telling sexual partners he has HIV

A former police officer accused of having unprotected sex with multiple women without telling them about his infection is heading to trial.

Ervans Saintclair, who was an officer, faces five major felony charges.

Being convicted of just one count could bring a prison sentence of up to 30 years for the 41-year-old ex-cop.

It’s unclear whether any of the women contracted HIV as a result of their relations with the officer. The felony charges are based only on the claim that he didn’t inform any of them he had HIV before they had sex.

Jury selection is set to begin Tuesday in one of the cases. Trials involving the other women will be held later.

Prosecutors say the crimes occurred in various Palm Beach County bedrooms from 2010 to 2013, when Saintclair was still on the force.

His first arrest, involving two alleged victims, came in 2014. Saintclair was after three more women ed detectives.

The South Florida Sun Sentinel is not identifying the women due to the nature of the charges.

Saintclair has pleaded not guilty on each count.

Neither Saintclair nor defense attorney Ade Griffin could be reached for comment Monday. Assistant Public Defender Perry Thurston Jr., who also represents Saintclair, also could not be reached despite calls to his office.

Prosecutor Brianna Coakley said she could not discuss the cases because they are pending.

Saintclair found out he was HIV-positive as early as April 2007, when he received blood test results as part of his job screening to become a cop, arrest records show.

Saintclair’s doctor, from a medical practice in Quincy in North Florida, notified the City of Greenacres that Saintclair was told about his HIV diagnosis and instructed to practice safe sex.

Dr. Carla M. Holloman also sent a letter to Greenacres officials explaining that “HIV infection would not preclude anyone from becoming, or working as, a police officer,” records show.

Last year, his attorneys were unsuccessful in attempts to keep juries from seeing these medical records based on a claim the files were obtained on the basis of faulty search warrants.

An investigation of Saintclair began in January 2014, after Saintclair’s ex-wife ed the Palm Beach County Sheriff’s Office with a complaint.

She said Saintclair told her about the HIV only after they had sex numerous times, reports show. Investigators said they could not bring charges concerning her claim because too many years had passed.

But the former wife then provided the names of several women she said were with Saintclair more recently. That’s what led to the charges.

One woman told a detective that she and Saintclair had a sexual relationship, including unprotected sex, from 2009 to 2013, without knowing about his HIV diagnosis, an arrest report states.

After Saintclair’s arrest made headlines, three more women made similar allegations.

One woman, who said Saintclair wore condoms with her during a relationship from 2012 to 2013, said she confronted him after finding out about his infection.

“Saintclair laughed, told her he did not have HIV and said that his ‘ex’ was ‘real bitter’ and making up the allegations,” tthe woman said the officer told her. That woman said she was tested for HIV and the results were negative.


Former Greenacres police officer gets 8 years in HIV exposure case

former Greenacres police officer convicted of failing to inform his sexual partner of his HIV status was sentenced to eight years in prison Friday. 

Judge Samantha Schosberg Feuer imposed the sentence Ervans Saintclair during a hearing at the Palm Beach County Courthouse. The sentence came after Saintclair was convicted in April on one count of uninformed HIV sexual intercourse.

During Friday’s hearing, Saintclair apologized for his actions and several family members spoke on his behalf, telling the court that he was a changed person.

“I made some bad choices and because of those choices I’m here,” Saintclair said during the hearing. “I took away a choice from the victim by not giving her the information she needed.”

His attorney, Sam Gershon, asked for a sentence of no more than the minimum of 21 months.

As Feuer made her ruling, she noted Saintclair’s career in law enforcement and said that he had put his accuser’s life in danger. 

“Police officers are supposed to uphold the law and he put this individual in jeopardy numerous times,” she said. 

Saintclair was arrested in January 2014 after a woman told authorities he failed to disclose his HIV status to her to during an off-and-on sexual relationship between 2009 to 2013.

mistrial was declared in November after a jury failed to reached unanimous verdict and the case went to trail again in April.

Saintclair’s accuser, a now 40-year-old U.S. Postal Service worker, testified during the first trial last year and again in April that the two of them had unprotected sex throughout their relationship and at one point were trying to conceive a child.

During the trial, Assistant State Attorney Brianna Coakley presented medical records and testimony from doctors who examined Saintclair, telling jurors the former officer knew he was infected as early as 2007.

At the time of his arrest, Saintclair has worked as an officer for six years with the Greenacres Police Department, which was later disbanded when the Palm Beach County Sheriff’s Office assumed law-enforcement responsibilities for the city. 

Saintclair also faces another legal action involving the same woman, plus three charges in connection with the case of a woman who said she had sex with Saintclair between March 2012 and November 2013 without him ever telling her that he was HIV-positive.

A hearing regarding those cases was set for June 26. 

Published in Palm Beach Post on June 15, 2018


 Former Greenacres cop convicted in HIV exposure case

Nearly five months after a first jury could not decide whether Ervans Saintclair was guilty of exposing a sex partner to HIV without her knowledge, it took a new jury less than an hour Wednesday to reject the former Greenacres police officer’s claims that he didn’t know he was infected when he repeatedly had unprotected sex with the former neighbor.

Jurors convicted Saintclair on a single charge of uninformed HIV infected sexual intercourse, a first degree felony for which the 41-year-old potentially faces up to 30 years in prison when Circuit Judge Samantha Schosberg Feuer sentences him on May 31.

Feuer ordered Saintclair taken into the Palm Beach County Jail immediately after the verdict Wednesday, over objections from defense attorney Ade Griffin. Saint Clair had been free on $30,000 bond since his arrest in January 2014.

“He has maintained his innocence from the beginning and he continues to do so. Now we’ll just have to go through the appellate process,” Griffin said after the verdict.

Saintclair’s appeal will likely center on Griffin’s arguments, echoed from his first trial in November, that prosecutors did not present all the elements necessary for a conviction under the Florida statute that makes it a crime for someone who knows he or she is infected with the virus that causes AIDS to have sex without informing partners of the diagnosis.

Griffin tried unsuccessfully this week to convince jurors that prosecutors failed to prove that Saint Clair knew he was infected when he had sex with a woman with whom he was in an on and off relationship from 2009 to 2013. The woman, a now 40-year-old postal service worker, testified at Saintclair’s first trial last year and again this week that the two of them had unprotected sex throughout their relationship and at one point were trying to conceive a child together.

Assistant State Attorney Brianna Coakley presented medical records and testimony from doctors who examined Saintclair, telling jurors the former officer knew he was infected as early as 2007.

Saintclair also faces another similar charge in the case involving the same woman, plus three other similar charges in connection with the case of a woman who said she had sex with Saintclair between March 2012 and November 2013 without him ever telling her that he was HIV positive.

The woman, who said she and Saintclair initially had protected sex but stopped using condoms after their relationship grew more serious, contacted police after media coverage of Saintclair’s arrest.

She said the two of them discussed sexually transmitted diseases before they stopped using condoms and “Saintclair assured her that he was ‘good’ and she did not have to worry about him,” according to arrest reports.

Published in Palm Beach Post on April 11, 2018 

Mistrial for former officer accused of not telling partners about HIV status

A Palm Beach County jury declared it could not reach a verdict in the case of a former Greenacres police officer charged with having sex with women without informing them of his HIV-positive status.

Forty-one-year-old Ervans Saintclair faced two-counts of uniformed HIV infected sexual intercourse.

Saintclair was released from the Greenacres Police department in 2014 when investigators began looking into several allegations from alleged victims.

Thursday afternoon, Circuit Judge Samantha Schlosberg Feuer declared a mistrial in the case.

Attorney’s waved the 90 days allowed following a mistrial.

A new trial date is set for January 29, 2018 at 9 a.m. Saintclair faces 3 other similar charges in a separate case.

That case is up for a status check on December 18. Saintclair will remain on pre-trial release.

Published on CBS12 on Nov 9, 2017


Trial to start for ex-cop accused of not telling sexual partners he has HIV

A former police officer accused of having unprotected sex with multiple women without telling them about his HIV infection is heading to trial.

Ervans Saintclair, who was a Greenacres officer until the allegations surfaced in 2014, faces five major felony charges.

Being convicted of just one count could bring a prison sentence of up to 30 years for the 41-year-old ex-cop.

It’s unclear whether any of the women contracted HIV as a result of their relations with the officer. The felony charges are based only on the claim that he didn’t inform any of them he had HIV before they had sex.

Published in the Sun Sentinel on Nov 6, 2017


Greenacres officer infected with HIV charged with having unprotected sex

Greenacres police announced the arrest of officer Ervans Saintclair, according to a news release on Friday. Saintclair, 37, faces two charges of uninformed HIV infected sexual intercourse. Investigators confirmed Saintclair’s HIV Wednesday when investigators executed a search warrant at Quincy Family Medicine in North Florida, where Saintclair was a patient.

A doctor confirmed the infection to Saintclair in April 2007 and told him to practice universal safe sex, according to the records. A woman told investigators on Jan. 6 that she and Saintclair began a sexual relationship, including unprotected sex, from 2009 to 2013. She didn’t learn of the infection until investigators told her. Another woman who told investigators she had unprotected sex with Saintclair in 2010 also didn’t learn of the infection until investigators talked with her on Jan. 13. A third woman could not press charges against Saintclair due to the Statute of Limitations expiring.

Detectives think there may be more victims and are asking them to come forward. “The Public Safety Department has 111 employees and a small percentage of them will make mistakes in life, some of them criminal,” Greenacres Police Lt. Brady Myers said. “It’s a disappointment not tolerated by the Director of Public Safety or this agency.” Saintclair, who is on administrative leave, has been with the Department since May 2007.

Published in the Sun Sentinel, January 28, 2014

[Update]France: 47-year-old man sentenced to 4 years in jail for alleged HIV transmission and non-disclosure

Un Loirétain accusé d’avoir délibérément transmis le virus du sida à son épouse
November 20, 2019

Source: La Republique du Centre, November 19, 2019. Google translation, scroll down for French article. 

For having transmitted the AIDS virus to his wife, a Loirétain is sentenced to four years in prison, including two years without possibility of parole.

The Orléans Criminal Court rendered its decision on Tuesday. The respondent argued that his partner had knowingly consented to unprotected sex.
A four-year prison sentence, half of which was suspended on probation, was handed down on Tuesday by the Orléans Criminal Court against a 40-year-old man convicted of deliberately transmitting the AIDS virus to his wife.

At the October 23rd hearing, 47-year-old Jorge argued that his partner knew full well that he was HIV-positive and that she had agreed, in full knowledge of the facts, to have a child with him.
The defendant was also charged with violence against his wife. Again, he had denied these accusations, agreeing to acknowledge only one slap.

“SHE ALWAYS ENDED UP GIVING IN.”
Finally, Jorge was accused of forcing sex on his partner. He had defended himself clumsily, stating in particular at the hearing: “she agreed, because in the end she always ended up giving in”.
The public prosecutor had ordered requisitions for up to five years in prison, two of which were suspended. The court was a little less severe. However, he added a prohibition on contact with the victim to his judgment.

———————–

Pour avoir transmis le virus du sida à son épouse, un Loirétain est condamné à quatre ans de prison, dont deux ferme

Le tribunal correctionnel d’Orléans a rendu son délibéré ce mardi. Le mis en cause soutenait que sa compagne avait consenti à des relations non protégées, en connaissance de cause.

Une peine de quatre ans de prison, dont la moitié assortie d’un sursis avec mise à l’épreuve, a été prononcée, ce mardi, par le tribunal correctionnel d’Orléans, à l’encontre d’un quadragénaire convaincu d’avoir transmis délibérément le virus du sida à son épouse.

Lors de l’audience du 23 octobre, Jorge, 47 ans, avait soutenu que sa compagne savait pertinemment qu’il était porteur du VIH et qu’elle avait pourtant accepté, en parfaite connaissance de cause, d’avoir un enfant avec lui.
Le prévenu était également poursuivi pour avoir exercé des violences sur son épouse. Là encore, il avait nié ces accusations, ne consentant à reconnaître qu’une gifle.

“Elle finissait toujours par céder”

 Enfin, il était reproché à Jorge d’avoir imposé des relations sexuelles à sa compagne. Il s’en était défendu maladroitement, déclarant notamment à l’audience : “elle était d’accord, parce qu’à la fin, elle finissait toujours par céder”.

Le procureur de la République avait prononcé des réquisitions à hauteur de cinq ans de prison, dont deux avec sursis. Le tribunal s’est montré un peu moins sévère. Il a toutefois assorti son jugement d’une interdiction d’entrer en contact avec la victime.


 

Source: La République du Centre, Octobre 26, 2019 – Google translation – Scroll down for French article

Loirétain accused of deliberately transmitting the AIDS virus to his wife

Five years in prison, two of which suspended, were requested by the public prosecutor.
Did Jorge deliberately transmit the AIDS virus to his wife, with whom he had unprotected sex? No, says the 47-year-old at the helm of the Criminal Court Tuesday, October 22.

The facts are old and go back to the first half of 2012. Jorge, who knew he had HIV since 2007, was subjected to medical treatment that he did not always follow scrupulously. He claims, however, to have concealed nothing from his wife, whom he had met a few months earlier and with whom he took the risk of having a child, “knowingly”, he argues.

This the victim denies, convinced that the drugs that her husband was taking were intended to fight cholesterol.
In addition, the accused is accused of violence – he recognises only a slap – and sexual assault. The forty-year-old would have forced his wife to have non consensual sex. Charges he denies as firmly as clumsily.

“I never forced my wife to make love, I could be a little insistent, I said to her,” go on my darling, “that’s normal in a couple,” says the accused, before adding, a little later: “She made love to me, it’s the least of it! She agreed because in the end she always gave in!”

Against an accused who wants only “to satisfy primary needs” and in whom one cannot detect “any questioning”, the public prosecutor requires five years in prison, two of which suspended. The judgment is under deliberation until November 19th.

———-

Un Loirétain accusé d’avoir délibérément transmis le virus du sida à son épouse

Cinq ans de prison, dont deux avec sursis, ont été requis par le procureur de la République. 

Jorge a-t-il délibérément transmis le virus du sida à son épouse, avec laquelle il avait des relations sexuelles non protégées ? Non, assure cet homme de 47 ans, à la barre du tribunal correctionnel, mardi 22 octobre.

Les faits sont anciens et remontent au premier semestre 2012. Jorge, qui se savait porteur du VIH depuis 2007, était soumis à un traitement médical qu’il n’a pas toujours suivi scrupuleusement. Il prétend pourtant n’avoir rien dissimulé à son épouse, qu’il avait rencontrée quelques mois plus tôt et avec laquelle il a pris le risque d’avoir un enfant, “en connaissance de cause”, soutient-il.

Ce que dément la victime, persuadée que les médicaments qu’avalait son mari étaient destinés à combattre le cholestérol.

Par ailleurs, on reproche au prévenu des violences – il ne reconnaît qu’une gifle – et des agressions sexuelles. Le quadragénaire aurait contraint son épouse à des rapports non consentis. Des accusations qu’il dénie aussi fermement que maladroitement.

“J’ai jamais forcé ma femme à faire l’amour. Je pouvais être un peu insistant. Je lui disais “vas-y ma chérie” ; c’est normal dans un couple”, déclare le prévenu, avant d’ajouter, un peu plus tard : “Elle me faisait l’amour. C’est la moindre des choses ! Elle était d’accord parce qu’à la fin, elle finissait toujours par céder !”

Contre un prévenu qui ne souhaite que “satisfaire des besoins primaires” et chez lequel il ne décèle “aucune remise en question”, le procureur de la République requiert cinq ans de prison, dont deux avec sursis. Le jugement est mis en délibéré au 19 novembre.

US: Man living with HIV arrested in Tennessee for alleged HIV exposure

Chattanooga man arrested for not disclosing HIV, other charges
November 18, 2019

Source: WRCB TV, November 16, 2019

Chattanooga man arrested for not disclosing HIV, other charges

X was arrested and charged with criminal exposure to HIV, aggravated domestic assault, driving with license revoked, unlawful possession of a weapon and possession of a stolen weapon.

Chattanooga man was arrested for not disclosing his HIV and other charges on November 15. According to an affidavit, police responded to a report of a disorder off XX Drive around 7:15 a.m. Upon arrival, police met with suspect CX and his girlfriend.

X’s girlfriend said that he left the house the previous night after the couple had a “verbal disorder” but returned around 6:45 a.m. to take a shower.

X’s girlfriend said that she discovered that he had HIV on November 13 and they had been intimate on 38 separate occasions since August 16.
 
X confirmed to police that he had pled guilty to multiple counts of criminal exposure to HIV with other victims in the past.
X’s girlfriend told police that he possessed a firearm that was discovered to be stolen. Police also discovered X’s drivers license to be revoked.
 
X was arrested and charged with criminal exposure to HIV, aggravated domestic assault, driving with license revoked, unlawful possession of a weapon and possession of a stolen weapon.
 
X was booked into the Hamilton County Jail.

Zambia: 29-year-old Housemaid arrested in Lusaka for breastfeeding her employer’s baby

Police nab HIV positive maid for breast feeding employer’s baby
November 18, 2019

Source: Diggers, November 17, 2019

Police nab HIV positive maid for breastfeeding employer’s baby

Police in Lusaka has arrested an HIV positive 29-year-old housemaid for breastfeeding her employer’s baby, putting the infant at risk of infection.

According to a statement by police spokesperson Esther Mwaata Katongo, Sunday, the complainant found the maid breastfeeding his child around 13:00 hours on November 15.

“Police in Lusaka have charged and arrested a female adult aged 29 years of ZNS Airports Farms for ‘Negligent act likely to spread infection’. The suspect is employed as a housemaid by the complainant who is an employee of ZNS. It was alleged by the complainant that the suspect who is known to be HIV positive was found breastfeeding his child a male juvenile aged one month,” stated Katongo.

“This occurred on 15th November 2019 around 13:00 hours. Both the suspect and the infant were subjected to a medical examination and the suspect was found to be positive while the infant was negative. The suspect is detained in police custody and will appear in court soon.”

Belarus: Man sentenced to three years in prison for alleged HIV transmission

HIV infection sentenced in Molodechno
November 15, 2019

Source: Belarus Partisan, November 14, 2019 – Google translation, scroll down for article in Russian

HIV infection sentenced in Molodechno

A court in the Molodechno district on November 14 sentenced a man, finding him guilty of infecting another person with human immunodeficiency virus.

The accused, who, committing a crime, knew about his illness, received three years in prison in a high security prison.

The press service of the Minsk Regional Court told  MLYN.BY :
 
– By the verdict of the court of the Molodechno district dated November 14, 2019, the accused was found guilty of an offense under paragraph 2 of Article 157 of the Criminal Code, on the basis of which he was sentenced to 4 years of imprisonment with a sentence in a penal colony under conditions of high security.
 
On the basis of Article 8 of the Law of the Republic of Belarus dated July 19, 2019 No. 230-Z “On Amnesty in Connection with the 75th Anniversary of the Liberation of Belarus from Nazi Invaders”, the accused was released from punishment in the form of imprisonment partially for 1 year. 
 
The Minsk Regional Court noted that on the basis of Article 23 of the Code of Criminal Procedure, the case was examined in closed court.
 
In such cases, only the operative part of the sentence is publicly announced.
 
The verdict was passed under the second part of Article 157 of the Criminal Code of the Republic of Belarus (Infection of another person by frivolity or with indirect intent of HIV by a person who knew that he had this disease).
 
Crime is punishable by imprisonment for a term of two to seven years.
 
The verdict has not entered into legal force and can be appealed and protested in the manner prescribed by law.

В Молодечно вынесен приговор о заражении ВИЧ

Суд Молодечненского района 14 ноября вынес приговор мужчине, признав его виновным в заражении другого человека вирусом иммунодефицита человека.
Обвиняемый, который, совершая преступление, знал о своей болезни, получил три года лишения свободы в колонии в условиях усиленного режима.
 
В пресс-службе Минского областного суда сообщили корреспонденту МЛЫН.BY:
 
— Приговором суда Молодечненского района от 14 ноября 2019 года обвиняемый признан виновным в совершении преступления, предусмотренного частью 2 статьи 157 УК, на основании которой ему назначено наказание в виде лишения свободы на срок 4 года с отбыванием наказания в исправительной колонии в условиях усиленного режима.
 
На основании статьи 8 Закона Республики Беларусь от 19 июля 2019 года №230-З «Об амнистии в связи с 75-летием освобождения Беларуси от немецко-фашистских захватчиков» обвиняемый освобожден от наказания в виде лишения свободы частично сроком на 1 год.
 
 В Минском областном суде отметили, что на основании статьи 23 Уголовно-процессуального кодекса дело рассматривалось в закрытом судебном заседании.
 
В таких случаях публично оглашается только резолютивная часть приговора.
 
Приговор вынесен по второй части статьи 157 Уголовного кодекса Республики Беларусь (Заражение другого лица по легкомыслию или с косвенным умыслом ВИЧ лицом, знавшим о наличии у него этого заболевания).
 
Преступление наказывается лишением свободы на срок от двух до семи лет.
 
Приговор в законную силу не вступил и может быть обжалован и опротестован в установленном законодательством порядке.

Ireland: Review conducted by Law Reform Commission to look at how non-disclosure might influence consent

‘Should society criminalise intimate relations between people in their mid–teens?’
November 15, 2019

Source: Irish Times – November 13, 2019

‘Should society criminalise intimate relations between people in their mid-teens?’

Conference hears age of consent is higher in Ireland than most European countries

The ways in which deception or pressure might negate consent are among the matters to be considered in a major review of sexual offences laws.

The review, being conducted by the Law Reform Commission, will also look at the age of consent, which is higher in Ireland than in most European countries.

NUI Galway lecturer in law, Tom O’Malley, who is a member of the commission, told its annual conference that the issue of consent remains a very contentious topic and one that many countries are trying to grapple with.

“When you have more subtle forms of pressure being applied, does that negate consent?”

He asked: What if a teacher or university lecturer told a student they would be failed unless the student slept with the lecturer, and the student did. “Is that rape?”

Suppose that a lecturer said a student would be given a first, rather than a 2.1, if the student slept with the lecturer, “would that be the absence of consent?”

“Those are the types of difficulties that are there and we have to grapple with them,” he said.

Speaking to The Irish Times, Mr O’Malley said that as part of its review, the commission would also be looking at how deception might influence consent.

For instance, he said, what if a man had not told a woman he was HIV positive prior to having sex with her. Would that affect the issue of consent and allow the man be charged with rape? Of if a man had promised a woman he would marry her, and then did not?

Another matter that will be looked at, he told the conference, is the age of consent. At the moment it is 17 years, and 18 years in cases where one of the parties is a person in authority.

“The real issue”, he told the conference, is whether society should criminalise intimate relations between people in their mid-teens.

While the age of consent is high in Ireland in comparison with most European countries, the Criminal Law (Sexual Offences) Act 2017 “mitigates the rigours of the law” by exempting a person who is younger or less than two years older than the child they had sex with, provided the child was between 15 and 17 at the time, and consented.

The commission will also look at the law on incest, which criminalises vaginal sexual intercourse between blood relatives.

Consenting intercourse between an adult brother and sister, even if there is no risk of pregnancy, is a crime. “One might question if such conduct should be criminal.”

As well as his work with the commission, Mr O’Malley is also the chairman of a working group set up by the Department of Justice and Equality which is reviewing the investigation and prosecution of sexual offences. It is due to report later this year, he said.

The chief executive of the Dublin Rape Crisis Centre, Noeline Blackwell, said sexual offences were different to most other types of crime as they involved activity that is normally seen as healthy and good. Sexual crimes are particularly “disruptive” for the victim, she said.

Victims are badly served by the criminal justice system and the fact that approximately 90 per cent of sexual offences are not reported damages the rule of law, she said.

From the point of view of victims, the criminal justice system remains “a lonely and a difficult and a hostile place.”

Italy: 39-year-old man arrested and facing charges for having unprotected sex

Man arrested for spreading HIV to lover
November 15, 2019

Source: ANSA, November 14, 2019

Man arrested for spreading HIV to lover

Suspect also had unprotected sex with other women

(ANSA) – Rimini, November 14 – A 39-year-old man from Rimini has been arrested by Carabinieri police for having deliberately infecting one of his lovers with HIV, sources said Thursday. The man also alleged had unprotected sex with at least two other women, although they did not get infected. Police started investigating after a report from the man’s partner. The defendant, who is originally from Brazil, faces charges of grievously harm.

Russia: Police opens criminal case in Kamchatka against 30-year-old man for alleged HIV exposure

In Kamchatka, a man with HIV arrested under article for sexual contact
November 8, 2019
In Kamchatka, police opened a criminal case against a 30-year-old HIV-infected man. Knowing about his diagnosis, he entered into an intimate relationship with a woman.

A 32-year-old woman with whom the man had intimate contact wrote a statement to the police.

“According to the applicant, her partner knew about his illness, but hid this information,” Alla Ivanova, spokesman for the regional department of the Ministry of Internal Affairs, told Kam 24. 

According to a police spokeswoman, the woman escaped infection with the immunodeficiency virus. This was shown by the tests that she passed when the incubation period ended.

A criminal case has been instituted against a man in accordance with paragraph 1 of Article 122 of the Criminal Code of the Russian Federation. He faces a sentence of restraint of liberty for up to three years, forced labor for up to one year, arrest for up to six months or imprisonment for up to one year.

If a woman became infected, her infected partner could go to the colony for five years.


На Камчатке мужчина с ВИЧ-инфекцией попал под статью за сексуальный контакт 

На Камчатке полиция возбудила уголовное дело в отношении 30-летнего ВИЧ-инфицированного мужчины. Зная о своем диагнозе, он вступил с женщиной в интимные отношения.

Заявление в полицию написала 32-летняя женщина, с которой у мужчины был интимный контакт.

«По словам заявительницы, ее партнер знал о своем заболевании, но скрыл эту информацию», – рассказала ИА «Кам 24» пресс-секретарь краевого управления МВД Алла Иванова. 

По данным представителя полиции, женщина избежала заражения вирусом иммунодефицита. Это показали анализы, которые она сдала, когда завершился инкубационный период.

В отношении мужчины возбуждено уголовное дело по части 1 статьи 122 УК РФ. Ему грозит наказание в виде ограничения свободы сроком до трех лет, принудительные работы до одного года, арест до шести месяцев или лишение свободы на срок до одного года.

Если бы женщина заразилась, ее инфицированный партнер мог бы отправиться в колонию на пять лет.

UK: 60-year-old Man faces 3 counts of grievous bodily harm for alleged HIV transmission

Toothill man denies recklessly infecting three women with HIV
November 2, 2019

A TOOTHILL man denies infecting three women with sexually transmitted infection HIV.

J.R. faces three counts of causing grievous bodily harm by infecting another with a sexually transmitted infection.

The 60-year-old, formerly of Luddesdown Road, is HIV positive. It is said he infected three women with the virus between 2015 and 2017.

Appearing before Swindon Crown Court via video link from HMP Channings Wood, J.R. spoke only to confirm his name and his not guilty pleas.

Remanding him in custody for the trial on March 16 at Swindon Crown Court, Judge Peter Crabtree told him to keep in touch with his lawyers.

The trial is expected to last up to four weeks.

Charles Thomas appeared for the prosecution. J.R. was represented by Peter Binder.

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