HIV Positive man accused of dangerous sexual behaviour in second instance has his sentence reversed and is acquited
Central News Agency reporter Liu Shiyi, Taipei, 9th) The case of a man with surnamed Feng who was charged with AIDS was accused of dangerous sex. The first trial was in May of 1 year. After an appeal, the second trial today was determined according to the latest foreign medical literature and Taiwan outpatient information. The actual risk of HIV infection by oral sex is zero.”
The whole case is due to the fact that the man named Feng knew that he was suffering from acquired immunodeficiency syndrome (commonly known as AIDS) due to infection with human immunodeficiency virus (HIV). He concealed it and stayed at the residence from May 22 to 24, 106 On several occasions, he had oral sex with a man named Wu, and Feng Nan also had sex with him.
The prosecution pointed out that after the AIDS screening of Wu Nan, he was negative and did not suffer from acquired immunodeficiency syndrome. The prosecutor concealed and carried out dangerous sex with others to cause infection in accordance with human immunodeficiency virus infection prevention and protection of the rights and interests of infected persons. And attempted to sue Feng Nan.
Feng Nian was sentenced to imprisonment for 1 year and May in the first instance. After appeal, the second instance was tried by the Taiwan High Court.
The second trial news materials pointed out that in the sexual intercourse part, except for Wu Nan’s testimony, there is no other positive evidence to reinforce, and it is not possible to use a single statement to determine that Feng Nan has sexual intercourse with Wu Nan; Whether it is “dangerous sexual behavior” within the meaning of the human immunodeficiency virus infection prevention and protection of the rights and interests of infected persons, with “medical evaluation of dangerous sexual behaviors that may cause human immunodeficiency virus infection” as the requirement, the current scientific development is rapid, “dangerous sexual behavior” The scope of the study should advance with the times as the medical research progresses.
The second trial pointed out that the United Nations AIDS Programme published materials in May 102 and HIV scholars who held the World AIDS Conference in the Netherlands on July 25, 107 published “Dangerous Sex” and should not be stigmatized by HIV. And fear, and apply criminal offenses to cases without risk of HIV transmission.
The second trial pointed out that the two data were willing to recognize that “the virus is not infectious if it is not detected”, “the actual risk of HIV infection by oral sex without ejaculation is 0”, and Feng Nan’s outpatient records at the Taiwan hospital and the doctor’s testimony after taking the drug The amount of virus per week will obviously decrease, and the amount of virus may not be detected for one month after taking it. Therefore, it is believed that the amount of virus during the oral sex between Feng Nan and Wu Nan in May 106 has dropped to the undetectable situation, which is not the case. may.
The second trial stated that Feng Nan’s behavior did not have the risk of causing human immunodeficiency virus infection in medical evaluation and was not a dangerous behavior. Therefore, the original verdict was revoked and the verdict was acquitted, and the entire case can still be appealed. (Editor: Zhang Mingkun) 1090609