National primary school teacher accused of hiding AIDS from condomless oral sex finally found not guilty
A former elementary school teacher was accused of concealing that he had AIDS and had oral sex with a man surnamed Wu without a condom several times.
He was diagnosed with HIV in 2003 and was subsequently treated for the disease. The prosecution alleged that he knew he had HIV but had oral sex and intercourse with Wu several times between 22 and 24 May 2017 at his residence, and Wu was later screened negative at the hospital.
The prosecutor found that the teacher had violated the Human Immunodeficiency Virus Infection Prevention and Protection of the Rights of Infected Persons Act, knowing that he was infected but concealing his dangerous sexual activity with another person, resulting in an attempted infection of a person.
The first trial found that the teacher had not transmitted the disease and had not forced his partner to do so, so his methods were not too bad.
The teacher denied the offence and testified that he did not have sexual intercourse with Ng because the two parties were not in agreement on the day of the sex act, so there was no erection or ejaculation, only oral sex.
The trial held that apart from Ng’s testimony, there was no other evidence to support that the two had sexual intercourse and that the focus of the trial should be on whether “oral sex” was a dangerous sexual act under the Ordinance.
The first trial pointed out that according to the information published by UNAIDS, the literature reports published by HIV scholars, and the evidence from NTU Hospital that the male teacher was taking anti-AIDS medication, the frequency of taking medication, and the status of taking medication, the male teacher and Wu did not ejaculate during oral sex with each other, and according to the literature reports, the actual risk of HIV infection from ejaculation-free oral sex is zero, which means that according to the current medical research, there is no risk of HIV infection from ejaculation-free oral sex. This means that according to the current medical research, there is no risk of HIV infection from ejaculatory oral sex.
The first instance ruled that the concept of “undetectable=untransmittable” (U=U) in the literature report was not a dangerous sexual act and convicted the male teacher of having oral sex with Ng. The Supreme Court found no error in the decision and dismissed the appeal.
2022-07-28 11:36 聯合報／ 記者
HIV Positive man accused of dangerous sexual behaviour in second instance has his sentence reversed and is acquited
(Central News Agency, Liu Shiyi, Taipei, Taiwan, 9 September) The first trial of a man with AIDS, surnamed Feng, who was charged with dangerous sexual behavior, sentenced him to one year and five months, but after an appeal, the second trial today found that “the actual risk of HIV transmission from oral sex without ejaculation is 0”, based on the latest medical literature and outpatient data in Taiwan.
The case was based on the fact that the man, surnamed Feng, knew that he had acquired immunodeficiency syndrome (AIDS) due to HIV infection, but he concealed it and had oral sex with the man, surnamed Wu, several times at his residence between May 22 and 24, 2017.
The prosecutor charged Mr. Wu with the crime of attempting to infect a person by concealing a dangerous sexual act with another person under the Human Immunodeficiency Virus Infection Prevention and Protection of the Rights of Infected Persons Act.
He was sentenced to one year and five months in prison in the first trial, but after an appeal, the second trial was heard by the Taiwan High Court.
The second trial’s press release pointed out that the sexual intercourse part was not supported by any positive evidence other than Wu’s testimony, and that a single statement should not be used to conclude that Feng had sexual intercourse with Wu. “The scope of “risky behaviour” should keep pace with the advancement of medical research, given the rapid development of science.
The second trial pointed out that the information published by the United Nations AIDS Program in May 2010 and the HIV scholars who held the World AIDS Conference in the Netherlands on July 25, 2017 identified that “risky behaviour” should not be influenced by HIV stigma and fear, and that the criminal offence should be applied to cases where there is no risk of HIV transmission.
The second trial pointed out that the two sources affirmed that “a non-detectable virus is not infectious” and that “the risk of HIV transmission from oral sex without ejaculation is zero”, and that Fung Nam’s outpatient records at a Taiwanese hospital and the doctor’s testimony that the virus level drops significantly after two weeks of taking the medication, and that the virus level may not be detected after one month of taking the medication, etc. Therefore, it was concluded that Fung Nam’s virus level dropped to a non-detectable level during oral sex with Wu Nam in May 2010. It was therefore not impossible to conclude that the viral load of Mr Fung during his oral sex with Mr Ng in May 2017 had dropped to the extent that it could not be detected.
The second trial said that Feng’s actions did not pose a risk of causing human immunodeficiency virus infection in terms of medical evaluation and were not dangerous. . (Editor: Zhang Mingkun) 1090609
107年世界愛滋大會文件：《專家共識聲明：刑法脈絡下的愛滋相關科學》（Expert consensus statement on the science of HIV in the context of criminal law）