A 44 year-old man has been arrested and charged under Bermuda’s sexual assault laws for having unprotected sex without disclosing his HIV status.
The law criminalises people living with HIV who have sex that “involves conctact between any part of his body and any part of the body of another person” that is “capable of resulting in transfer of body fluids to that other person” without first disclosing their HIV-status. This “sexual assault” can result in a maximum prison sentence of 20 years.
The first case, in 1995, resulted in a 14 year prison sentence for a man who pleaded guilty after the complainant tested HIV-positive.
A man was acquitted of all charges in a 2004 trial.