The defendant, a young adult with no prior convictions and one child, tested positive for HIV in September 2024 and was formally diagnosed and warned of the criminal liability for transmitting the virus. He signed a formal acknowledgment of this warning. However, he entered a civil marriage with a woman in January 2025 and engaged in unprotected sex with her over a period of several weeks, without disclosing his HIV status.
The defendant admitted guilt, expressed remorse, and stated that he had previously been infected by a former spouse who did not disclose her condition. He acknowledged his actions, apologised to his partner, and noted that she had since withdrawn any formal complaint against him. His partner, a divorced mother of three, confirmed the timeline and the nature of the relationship. She emphasized that she had not been informed about the defendant’s HIV status and had consented to unprotected sex under false pretenses. Despite the harm, she stated she no longer had a claim against the defendant.
The court confirmed that the defendant’s actions—engaging in unprotected sex while knowingly HIV-positive—constituted a violation of Article 113(4). The guilt was supported by the defendant’s confession and corroborating evidence.
In determining the sentence, the court considered several mitigating factors, and in line with Article 57 of the Criminal Code (permitting lesser penalties under certain conditions), the court imposed a sentence below the minimum standard for the offense, of 3 years of imprisonment in a general-regime penal colony.The court also recorded that the victim no longer had any claim against the defendant.
