10 months in prison for the defendant who hid his HIV positive from his wife before marriage
The 10-month prison sentence given to the defendant who submitted the medical report received for the marriage procedures to the municipality late and hid that he was HIV positive from his wife before marriage, for the crime of “intentional injury against a woman” was found to be in accordance with the law.
The case filed against E.K, who was determined to be HIV positive before the date of marriage and started his treatment in two hospitals, on December 8, 2022 and January 3, 2023, was decided for the crime of “attempting to kill intentionally against the spouse” on the grounds that he hid it from his wife.
Istanbul High Criminal Court stated that the HIV virus test was negative in the laboratory test of the complainant.
Stating that the crime status of the defendant E.K. has changed, the court sentenced the defendant to 10 months in prison for the crime of “intentional injury against a woman”. The committee decided to postpone the announcement of the verdict.
The file was sent to the Istanbul Regional Court of Justice upon objection. The appeal, who completed his examination on the file, found the decision made by the local court in accordance with the law.
From the case file
E.K, who was treated after the test he had in two hospitals was positive and started to use medicine, married K.K. on February 26, 2023.
E.K, who handed over the health report received within the scope of the marriage procedures to the municipality after his wife, said that he was busy, hid his illness from his wife and told his wife, who saw him using medicine, that he bought them due to infection.
While K.K. was cleaning at home, he found a note that said “It is appropriate to get the Hepatitis B vaccine” in the pocket of his wife’s medicine boxes and clothes, E.K said that although his friend put the medicines in the bag, he had his wife tested again and the result was HIV positive.
An indictment was prepared against E.K. after K.K filed a complaint through his lawyer about his wife who hid her illness from him.
In the indictment, according to the documents submitted to the investigation file from the Provincial Health Directorate and the report of the Forensic Medicine Institution, it was explained that the defendant was HIV positive in the tests he had in two different hospitals on December 8, 2022 and January 3, 2023, and it was determined before the date of marriage and his treatment was started.
In the indictment, which stated that the defendant had sexual intercourse with his wife, disregarding the complainant’s health despite the fact that he knew that he carried the virus before marriage, it was requested that the defendant be sentenced to 13 to 20 years in prison for the crime of “attempting to kill the spouse”.
On the other hand, the couple’s divorce case in Gaziosmanpaşa Courthouse continues.
Spouse charged over HIV non-disclosure in Istanbul
In a landmark legal case, a spouse is facing charges of “attempted murder” in Istanbul due to concealing his HIV-positive status over the course of the marriage.
Identified only by the initials, E.K., the spouse underwent two tests at separate hospitals and tested positive for HIV. After starting the treatment process, E.K. married K.K. on Feb. 26 last year, approximately two months after receiving the first HIV-positive result. Prior to the marriage, E.K. filed the health report that was required as part of the marriage proceedings later than his then fiancée, claiming to be preoccupied with his job, thus concealing his illness.
When his spouse noticed E.K. taking medicine during the course of the marriage, he assured her that he had no significant disease and was only taking it to treat an infection. However, one and a half months into their marriage, K.K. discovered the medication bottles of her husband and a note reading that E.K. was deemed suitable for Hepatitis B vaccination.
Following the disclosure, E.K. denied his HIV status once again, claiming that his friend placed the medicine in his pocket. Despite the claims, the couple got tested for HIV, which resulted in K.K. discovering that her husband had HIV.
The forensic report noted that the HIV virus is not considered to be transmitted if the results of the 4th generation antigen/antibody tests conducted four weeks following the initial test are negative, adding that the HIV test result for the victim K.K. was negative. Nevertheless, K.K. filed a case asserting that E.K. had committed attempted deliberate murder and wounding by concealing his condition from her.
Meanwhile, E.K. claimed that he was unaware of HIV status in his testimony, despite two medical reports displaying his HIV-positive status prior to the marriage.
The high criminal court approved the indictment requesting for a term of 13 to 20 years in prison for the charge of “attempted deliberate murder against spouse” for E.K.
