A court in eastern Uzbekistan examined a criminal case concerning alleged HIV exposure following consensual sexual contact. The accused had been diagnosed with HIV in 2016 and was aware of the potential risk of transmission but did not disclose his HIV status to the complainant prior to the encounter. Medical examinations later confirmed that no HIV transmission occurred; however, the complainant was considered to have been placed at risk and subsequently filed a criminal complaint.
During the investigation and trial, the court ordered a forensic psychiatric assessment of the accused. Experts concluded that he was suffering from a chronic mental disorder at the time of the incident and was therefore unable to fully understand the nature or consequences of his actions, or to control his behaviour. Based on these findings, the court determined that the accused could not be held criminally responsible under national law.
As a result, the criminal proceedings were terminated, and the court ordered the application of compulsory psychiatric treatment rather than criminal punishment. The case highlights the interaction between HIV-related criminal provisions and mental health considerations within the criminal justice system, particularly in situations where no transmission has occurred.
