"Convicted for transmitting HIV to his partner"
A former legionnaire appears before the Narbonne Criminal Court for infecting his partner with HIV. He knew he was HIV positive but hid his condition from several partners.
A woman was infected with HIV by her partner who had not told her he was infected. The case dates back to 2008. The 61-year-Old former legionnaire says he contracted the disease while he was stationed in Djibouti. Subsequently, three other women initiated legal proceedings against him. The file returned to the Criminal Court on October 24, 2025, after 16 years of proceedings. The former legionnaire served one year of preventive detention and 6 months of judicial review.
‘I was told that I was a healthy carrier. I had no symptoms and never developed the disease. No doctor told me to protect myself,’ he defended himself in court.
When asked by presiding judge Clémence Caron about his behaviour, he replied: ‘I didn’t think I could transmit AIDS, I wanted to live a normal life. ’In 2009, his partner at the time felt feverish, and when the test results came back, it was a shock. She went to her doctor with her partner, and the doctor did not mince his words: ‘You are a murderer!’ he said to X.
Although his partner stayed with him at first, she eventually left him and filed a complaint. Placed in police custody, X blamed her. During his hearing, he said: ‘I don’t know what she does during the day, she may well have been infected elsewhere.’
For her part, she insists she never cheated on him. On the stand, X concedes: ‘At the time, I was convinced it wasn’t me. Today… it might be me. After thinking about it, I may have passed it on to her.’ ‘
Pushed into a corner by the presiding judge, who pointed out, ’You are living with this disease and you are not protecting yourself with multiple partners!‘, he persisted: ’No one told me about viral load, I wasn’t aware of it, I was a healthy carrier. I had indeed had other sexual relationships, but none of them had AIDS.”
Previously, in 2003, he had married and his wife had discovered his HIV status. Both had wanted to have a child and his wife did not undergo any treatment during her pregnancy; their daughter is not HIV-positive.
On behalf of the civil party, Mr Pierre Charpy explains that his client had fallen in love with X. “She wanted to stop using protection during sex. She had a blood test which showed that she was not HIV-positive. She trusted him. She was betrayed. The solicitor quotes his client’s statement: “I loved this man. He destroyed my life as a woman. I am physically and psychologically broken. Since my illness, in the eyes of others, I am a leper.‘ The solicitor, who is claiming damages for the harm suffered, recounts this woman’s life: ’For 16 years, she has been undergoing very heavy treatment, suffering weight gain and numerous side effects.”
For the prosecution, Deputy Public Prosecutor Jade Berteaud, relying on case law, indicated that acquittal was required for the three other complainants, who did not fall ill after their relationship with him. Jade Berteaud described the man as “insensitive to the suffering of others and irresponsible. He has known he was HIV-positive since 1998 and cannot be unaware that he must protect himself. The victim is infected for life: people no longer die of AIDS, but there is no cure. Yet he continued to have other partners without protection. There may have been other victims!” The deputy prosecutor deplores the length of the proceedings, 16 years, and requests a four-year prison sentence, including one year suspended for three years and psychological counselling.
In his defence, Mr Merzougui Lafarge criticises the investigation for not having delved deeply enough into the victim’s personal life. ‘The benefit of the doubt must go to the defendant.’ She pleads for acquittal, citing ‘her client’s lack of intent to harm his partner’s physical and psychological integrity’ and points out that ‘the victim had a health problem prior to meeting’ her client.
The court acquitted X in relation to the three HIV-negative women. However, it convicted him of administering a harmful substance resulting in temporary total incapacity for more than eight days, recognising his partner as the victim. He was sentenced to 5 years in prison with a 3-year suspended sentence with mandatory treatment, compensation, €10,000 in provisional compensation for bodily injury and €5,000 in legal fees. Having already served 12 months in pre-trial detention and 6 months wearing an electronic tag, he has 6 months left to serve, a sentence that can be adjusted.
