Woman knew she had HIV, but had with a number of men
Woman knows that the body is suffering from HIV, but had sex with a number of men … the court ruled that:
Knowing that she suffered from a serious infectious disease, she still carried out prostitution activities, disregarding the physical health of others and social security management order, harming others and themselves, which will eventually be severely punished by the law. Recently, the Tong’an court according to law concluded a case of spreading sexually transmitted diseases, the defendant Zhang committed the crime of spreading sexually transmitted diseases, was sentenced to a fixed term of imprisonment and a fine, the illegal proceeds of which shall be confiscated and surrendered to the state treasury.
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“A woman with HIV still engages in prostitution.
In 2011 Defendant Zhang, as a high-risk group was diagnosed with HIV. She met Gao and established a romantic relationship. Zhang lacked life skills and had no regular source of income. Her boyfriend, Gao, was also unemployed. In order to maintain a common life, Zhang had the idea of generating income through prostitution.
From January to July 2023, Zhang knew that she was suffering from HIV and engaged in prostitution on several occasions, receiving a total of RMB 31,321 in prostitution fees.
The Tong’an Court held that the defendant Zhang knew she was suffering from HIV and still engaged in prostitution, and that her behaviour constituted the crime of spreading sexually transmitted diseases. After comprehensive consideration of the nature of the crime, the circumstances, the degree of harm and repentance, the court made the above judgement according to law.
The judge said:
Convicted for the offence of spreading sexually transmitted diseases and punished severely
AIDS is a preventable and controllable infectious disease, its transmission channels are sexual contact transmission, blood transmission and mother-to-child transmission. According to statistics, in recent years, sexual transmission has become the main means of transmission, and the disease has a long incubation period, hidden strong, high mortality rate, HIV-infected people, have the responsibility and obligation to regulate their own behaviour, to take the necessary protective measures to prevent infection of others. At the same time, society as a whole should be united in its efforts and goals to fight AIDS and to safeguard people’s health and safety. In addition, the state cracks down on related offences and crimes involving the risk of spreading AIDS in accordance with the law, such as prostitution and patronising prostitutes knowing that they are suffering from AIDS or infected with the AIDS virus, and in accordance with Article 360 of the Criminal Law, they are convicted of the crime of spreading sexually transmitted diseases and punished with heavier penalties.
This case accepted in the Tongan court is the first case of spreading sexually transmitted diseases
Prostitution is an offence if you know that you have syphilis, gonorrhoea and other serious STDs and still engages in prostitution. It violates the criminal law and you will be held criminally liable. At the same time, if you have an infectious disease and use sex as a means to harm another person’s health, you may be held criminally liable for the offence of intentional injury criminal liability
Criminal Law of the People’s Republic of China
Article 360 Whoever engages in prostitution or visits prostitutes knowing that he or she is suffering from a serious sexually transmitted disease such as syphilis or gonorrhoea shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall be fined.
Interpretation by the Supreme People’s Court and the Supreme People’s Procuratorate of Several Issues Concerning the Application of Law to the Handling of Criminal Cases of Organising, Forcing, Inducing, Accommodating or Introducing Prostitution
Article 12 Whoever engages in prostitution or patronises prostitutes knowing that he or she is suffering from AIDS or is infected with the AIDS virus shall, in accordance with the provisions of Article 360 of the Criminal Law, be convicted of the offence of spreading sexually transmitted diseases, and shall be punished with a heavier penalty.
Anyone who causes another person to be infected with HIV under any of the following circumstances shall be deemed to have inflicted “serious injury” within the meaning of Article 95(3) of the Criminal Law, which refers to “other serious injury to personal health”, and shall be convicted and punished for the offence of intentional injury in accordance with the provisions of Article 234(2) of the Criminal Law. (a) Knowing that he or she is infected with AIDS, he or she shall be punished by conviction:
(1) Anyone who engages in prostitution knowing that he or she is infected with the AIDS virus;
(ii) Knowing that he or she is infected with the AIDS virus, he or she intentionally fails to take precautions and has sexual relations with another person.
Regulations on the Prevention and Control of AIDS
Article 38 HIV-infected persons and AIDS patients shall fulfil the following obligations:
(a) To accept the epidemiological investigation and guidance of the disease prevention and control institutions or entry-exit inspection and quarantine institutions;
(ii) To promptly inform the person with whom they have sexual relations of the fact of infection or onset of disease;
(C) When seeking medical treatment, truthfully inform the receiving doctor of the facts of infection or disease;
(d) Taking necessary protective measures to prevent infection of others.
HIV-infected persons and AIDS patients shall not intentionally spread AIDS in any way.
Article 62 HIV-infected persons or AIDS patients intentionally spread AIDS, shall bear civil liability; constitutes a crime, shall be investigated for criminal responsibility.
Straits Herald reporter Chen Jie, Law correspondent
海峡导报记者 陈捷 通讯员 同法