[Update]Taiwan: Supreme Court upholds acquittal of man accused of HIV exposure thanks to expert medical evidence on HIV risks

Appeal won

National primary school teacher accused of hiding AIDS from condomless oral sex finally found not guilty

July 28, 2022
Translated with Deepl.com. Scroll down for original article

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.

國小師遭控隱瞞愛滋病無套口愛 法院最終判他無罪確定
2022-07-28 11:36 聯合報/ 記者









Appeal won

HIV Positive man accused of dangerous sexual behaviour in second instance has his sentence reversed and is acquited

June 9, 2020
Source: Central News Agency reporter
Automatic Google translation. For original in Chinese, please scroll down.

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


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)


(中央社記者劉世怡台北9日電)患有愛滋病的馮姓男子被控危險性行為案,一審判1年5月,經上訴,二審今天依國外最新醫學文獻以及台灣門診資料等認定,「無射精的口交實際傳染HIV病毒風險為0 」改判無罪。








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