[Update]Germany: Gay Bavarian soldier loses appeal against 2 year, 3 month sentence for grievious bodily harm following alleged HIV transmission during one night stand; a second, unrelated, case involving HIV exposure results in 18 months probation

Appeal lost

HIV-positive soldier: Imprisoned after a night of love

July 26, 2013
Source: Queer

In Bavaria, an HIV-positive staff sergeant was sentenced to prison for two years and three months for having unprotected sex with a fellow solder who tested positive after the one-night stand.

The 27-year-old army soldier from Stendal (Saxony-Anhalt) lost his appeal before the Landgericht München against a district court judgement in January and must now complete his prison sentence for grievous bodily harm.

The incident took place in autumn 2009 in an army barracks. The 27-year-old staff sergeant met a 28-year-old sergeant at a seminar, after they had previously met through a dating site. When the two were alone they had mutually unsafe sex. Months later the 28-year-old learned that he is HIV-positive.

The 27-year-old has already apologized repeatedly to his former sexual partner. According to court the sergeant can also expect to receive € 75,000 for pain and suffering.

Earlier this week, the district court of Hanover sentenced a heterosexual man to 18 months probation because he concealed his HIV status to  two sexual partners. The women were been infected.


Soldier 'infected two men with HIV'

December 6, 2013
Source: The Local

A German soldier serving jail time for deliberately infecting a sexual partner with HIV was in court again on Thursday. He is accused of giving the virus to a second soldier after having sex with him in a Bavarian barracks.

The former sergeant had already been found guilty of infecting a 28-year-old man with HIV and is serving two years and three months in prison. He was in Munich’s state court once again on Thursday, accused of dangerous bodily harm after knowingly infecting a second man, who is also a solider, with the virus.

He apparently met the 34-year-old online in September 2009 and the pair agreed to meet at the army barracks in Pöcking, Bavaria, where he was then based, the Münchner Merkur reported. Judge Oliver Ottmann heard how the 34-year-old asked the suspect twice before having sex at the barracks “whether he was healthy”. Both times he said yes. Two months later, the soldier sent his one-time sexual partner a text message apologizing and saying he had HIV. He claims not to have known at the time they had sex.

But the victim already knew before the text was sent, after being told by a former lover of the ex-sergeant. After this the victim went to a state prosecutor and the case re-opened. In court on Thursday the suspect told his victim, “I’m sorry, everything went wrong.” Being knowingly infected with HIV can result in compensation of around €75,000. The case continues.