POZ Community Forums
Main Forums => Living With HIV => Topic started by: angelofdreams on May 14, 2008, 04:47:23 pm
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just cant believe this, last week i got arrested on assault charges,
in november i slept with a guy, we used a condom, did all the right things you should do to stay protected.
i told him in advance i had hiv.
in february he ended up having hiv adn claimed it was from me.
he said he never had sex with anyone else what both me adn the police dont believe.
still he claimed the day after we had sex he was raped, the pulled this claim back.
now i am having these charges on me and not sure what to do with it.
anyone got any advise or similar experiences
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If he has withdrawn the charge then you have a good case to have the record of the charges "expunged" . it is not enough to be told he had dropped'/ withdrawn the charges..you need to have them erased from the record..get some legal help and petition whatever agnecy it was that presented you with the charges to "expunge the record."
don't just let it slide.....good luck
Nick..
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Angel, from what I understood from your posting, he pulled back the claim that he was raped, not the assault charge, correct? I really don't have any dealings with this, but I just wanted to wish you luck. I'd get a good lawyer.
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Sorry to hear you are going through such a legal mess. I would definitely talk to a lawyer.
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I sent you a PM
If you used protection and told him you were HIV+ there is really no case to answer in English law. Of course, guilt or innocence is a matter for the jury based on the evidence, but the situation as presented will (should) fail important evidential tests when it reaches the desks of our Crown Prosecution Service.
Do not under any circumstances plead guilty or accept a caution, and see a lawyer (a good one experienced in this kind of case please).
Take care
- matt
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Admit to nothing. Lawyer up. Under no circumstances agree to be interviewed by the filth without counsel.
MtD
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Get a Lawyer and make the little sucker get a DNA test to check for the strain. As Nick said, make sure that it is expunged from your records. You don't won't that baggage on file.
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Hey Angel,
I agree with everyone on getting legal help. If you live in the U.S., you can find lawyers by state, city and field of practice on this site. www.lawyers.findlaw.com (http://www.lawyers.findlaw.com) Have the best day
Michael
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de rape charges completely disappeared, those i dont worry about anymore, it is more the section 20. i am more worried about because i could go to jail for something i did not do, i didnt slept with him to infect him, if it was me it was a unfortunate accident and something i have been trying to avoid for
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Sweetheart,
I'm glad to hear the rape charges have vapourised. Nevertheless, you are still in a very precarious position and it's terribly important that you get good sound legal advice.
MtD
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get a DNA test to check for the strain.
Hello AoD. What a creepy mess. That fact that you are a British citizen makes Matt's input more important than most anything you could receive from the US. I have noticed the UK takes HIV infection cases seriously.
From my personal experience (US), however, making a genotypic test for both of you part of the legal process is: pricey(if not covered by your UK health insurance and you've not already had one done previously); might cause him to rethink and drop his charge(s); will give you some important data, but not necessarily all-important data. It's entirely possible this person was positive long before he met you. Your doctor's testimony on your behalf with regard to the genotypic results, statistical likelihood, variables, etc. and your record as a patient, even from a character perspective (in terms of responsbility, etc) will be a critical component IF this goes to trial.
So, he dropped the rape charge?---fuck yeah, somebody woke up whether it was counsel, cops or both, because it's not rape if as you state you did not withhold your status from him.
Wishing you the best of lawyering and luck.
Em
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get a DNA test to check for the strain.
Sorry to disagree so emphatically, but no - do not do or say anything without first getting legal advice.
There will be plenty of time later to get tests done if this case ever gets that far and if your lawyer things that it would be helpful - right now it would be a waste of time and effort and, for all I know, could even hurt your case.
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Sorry to disagree so emphatically, but no - do not do or say anything without first getting legal advice.
There will be plenty of time later to get tests done if this case ever gets that far and if your lawyer things that it would be helpful - right now it would be a waste of time and effort and, for all I know, could even hurt your case.
Md. You're absolutely right--however, I made the assumption that AoD would be working in concert with his attorney. I did not suggest he go out and secure one on his own... "...making a genotypic test for both of you part of the legal process..."
When this is done it is choreographed with both plaintiff and defendant havng blood draws at the same time with legal counsel present.
If is introduced and discussed as a step that has merit, it might be enough to get this guy to back down.
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In terms of scientific evidence, a genotype in the UK will be worth jack squat unless you both have the same obscure strain HIV, for men (who shag men) its most likely to be a boringly similar kind of subtype B and proves nothing.
It is well established that any kind of viral analysis cannot prove or disprove relatedness of infection (as acknowledged in the CPS guidance). Without cast iron nonscientific factual evidence, ie repeated exposure without known risk of HIV, this case will (should) not proceed according to UK guidelines.
However (1) these are not always observed, cos they's new (2) any investigation will be, at least, inconvenient.
I personally would want my lawyer to know (ie see) proof the complainant is HIV+ before saying anything further.
Get a good lawyer and admit nothing.
- matt
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The issue is of disclosure, not infection. Angel and his accuser could coincidentally have the same strain, and it's even possible that Angel did infect the guy.
What matters is whether Angel told the guy of his HIV before sex. It comes down to who the court will believe. I don't know how those things go, but if the accuser has already retracted an accusation of rape, then his credibility should be suspect.
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I am really sorry for that man.
Scary ho people plays tricks with us.
Alex
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just gonna try and reply to all of the msg in one go,
he did lie on his profile regarding his age, works in my favor, lol
the blood test has been requested by the police inspector investigating the case,
the accuser claimed never to have slept with anyone beside me, bit funny really that a virgin can take a 9" dildo, lol ( i guess not)
i have however not contacted my lawer yet,
The officers i spoek to do not believe he has never had sex before, do not believe he is the nice sweet angel his parents want to make out .
I am just working together with them, its not as i feel i have done something wrong, how unfortunate it might be and i9 do feel sorry for this guy.
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It sounds like the case is falling apart. I certainly hope so.
But be careful. Especially what you say to the cops. Since you haven't 'lawyered-up' yet, you don't want to say too much.
I'm hoping for the best. You don't know how much this really bothers me.
robert
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a virgin can take a 9" dildo
Occasionally people are hit by random falling objects
...one suspects he keeps big wardrobe for his family persona :D
Due process will run, as it must, cos the police manual says so, but if the case disintegrates let us hope he is duly warned abot the final necessity of truth to life.
(It is possible the man in question is reading this via the WWW, in which case (mr man), I am sorry for everything in this predicament...then all the usual stuff about sorry you's in the club n all that - and then some about making beds/having beds made for you, it's still a bed eh?)
- matt
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Glad to learn things are shifting. I'm with Robert's view, however. If he's not formally dropped the charge(s), were I you, I'd at least have a consult with an attorney so you don't make any mistakes. And, because bottomline you are dealing with a liar.
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Hey - I just wanted to chip in and wish you good luck with the case. A friend of mine went through something very similar a couple of years ago with an ex-boyfriend - transmission hadn't occurred so it was dismissed.
I think the key issue in your case, and I'm no lawyer, is whether you used protection - which you haven't mentioned yet. Having sex without protection with an HIV negative person constitutes assault in English law, regardless of whether he knew you were HIV+ and went along with it - a person cannot consent to an assault. That may be why he cried rape at the beginning.
As Matt said, genotypic evidence is pretty useless and the CPS itself acknowledges this and it therefore becomes very difficult for him to prove transmission came from you. It'll also be hard to prove whether or not you used a condom. The way the law is now, these cases should fail pretty much all the time - except in cases of HIV+ people who have infected multiple partners who all line up to testify.
That doesn't mean that things don't go wrong, and the the police don't get overzealous. Having a lawyer to represent your interests is really important when you have somebody thrashing around in the first few months of an HIV diagnosis looking to blame somebody else rather than take responsibility for his own infection (been there, done that but never prosecuted anybody)!
Matt.
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n november i slept with a guy, we used a condom Hi Matt M -- His first post included that he did use a condom. The genotypic test is not the magic bullet, but it does have some value in transmission cases. Your last paragraph nails the possible motive well.
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Having sex without protection with an HIV negative person constitutes assault in English law, regardless of whether he knew you were HIV+ and went along with it
No it don't
2. Exposure is not a crime, not under any criminal English law. There must be actual transmission, and it must be proved to be from you to him (or her, or them...). This is true for any infectious condition.
- matt
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...transmission hadn't occurred so it was dismissed.
Sorry - I thought I'd made that transmission was necessary in the first part of my post and that the negative person's consent in that case was no defense. And it's this man's contention that he has been infected, which I assume to be true. If it's not and he's uninfected there's no case to answer. If he is poz and you used protection than there's no case to answer (as it removes the element of "recklessness" needed by the law).
Apologies for missing out the part where you said you'd used a a condom Angel - just be glad I'm not a judge! I guess the important part is you get a lawyer to make sure you don't get entangled in some over-zealous and stressful prosecution.
Matt x.
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n november i slept with a guy, we used a condom Hi Matt M -- His first post included that he did use a condom. The genotypic test is not the magic bullet, but it does have some value in transmission cases. Your last paragraph nails the possible motive well.
wel, he did admit we used a condom on the video the police recorded when interviewing him.
and i nearly slipt over the damn thing when i stood up, lol
they are trying to prove now that his strain is the same as mine,
i spoke to the officer in charge yesterday and he said it was harder then he thought it would be,
they would need some real luck to prove it,
i am quiet confident in the case specially due to the fact that the officers dealing with it arent stressed about it, they said that they have to investigate but believe nothing will come of it based on the existing evidence
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The issue is of disclosure, not infection. Angel and his accuser could coincidentally have the same strain, and it's even possible that Angel did infect the guy.
What matters is whether Angel told the guy of his HIV before sex. It comes down to who the court will believe. I don't know how those things go, but if the accuser has already retracted an accusation of rape, then his credibility should be suspect.
i did tell him about it before we met up,
the only problem with that is that i either mentioned it on the website or via msn,
if it was on msn i would have had the saved conversation, but due to my laptop being stiolen i cant prove that.
if on the website i might be able to request my msg from the webmaster, only they claim they dont keep deleted msg
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AoD
Increasingly good news that he admitted on tape his foreknowledge. I sense you're intending to wait to get legal counsel until after the results of the tests are compared.
Em
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I am glad things are going well, I do believe that an attorney would be of great assistance to you. Sad to think you can not trust officers of the law but if something turns a different direction all of your good faith will be used in court. Get some legal advice with someone that is strong in this area of the law now.
Best to you
Jeff
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well, i just gonna wait and see what happens and take my chances instead of spending a fortune on a laywer
x
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Howdy Angel,
As it was said before... lawyer up. I know it will be pricey buy maybe you can find an agency willing to take the case pro bono. PLEASE!!!! Get a hold of a lawyer. Though I'm NOT an attorney, I've worked in a law firm long enough to know there are loop holes everywhere. I know it seems the police are on your side but that could easily turn and plus, unless one of them REALLY likes you, its not up to them to make sure all this goes away.
Lawyer up. Find a way. Fight this with all that you can. Get a payment plan, put it on a credit card, heck file a defamation of character suit for lawyer fees. In the end, get an attorney.
Until it all goes away, I send you great big bearish Bubba Hugs!
Bubba Pat
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I totally understand you don't want to spend a fortune on a lawyer but I still think it would be sensible to get in touch with the THT. They might be able to provide free preliminary legal advice and will be able to put you in touch with a solicitor experienced in this area should the s**t hit the fan. Good luck!
THT Direct: 0845 12 21 200
http://www.tht.org.uk/informationresources/prosecutions/whatthelawsays/
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Do speak to THT or NAT - it is likely they will lfind a good lawyer who will do this pro bono.
- matt
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hi guys,
just a little update,
its getting quiet a fun ride really,
i went back to the police station on wednesday evening to give a second sample of blood.
The officer in charge of the case is using a case from last year as guidelines adn is using the same professor that did the blood tests .
to be sure he requested 2 more individual labs to do the same tests.
His personal opinion does show that he believes nothing will come of it but he has to do his job and i cant blame him really.
Anyway.
now its a waiting game untill July 28th to come back to the station and probably get bailed again for a few more months due to shortage in time to investigate.
I have decided not to appoint a lawyer untill i either will be arrested or when i have to be in court.
the case is fully in my favor adn i dont see a reason to spend the ammount so some kind of money horny pencil pusher can stand there saying things i could come up with myself.
specially because not even the police believes i will be convicted.
but hey, thats my decision adn if it goes wrong i have only myself to blame.
hopefully more news soon
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I hope it all works out for you, but there is the old adage in criminal trials that describes a person who represents himself at trial: "He has a fool for a client."
Good Luck.
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I just want to mention that you shouldn't take at face value anything that the cops tell you.
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Angel, something that I didn't see here, but I would caution you on...anything you say here, can and will be used against you...so be careful what you say...and get a lawyer!!
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i will get a lawyer for the court,
am not that stupid,
just going to wait untill then,
the uk lawyer have the thing of charging a lot for doing nothing, so i will get one the moment i believe to need them. being in the courthouse
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Angel... somethings you might try and do is put everything into a document for the lawyer. Break it down so they can look it over quickly. Also... print off everything you've typed on here about it as well as any blogs you may have written. Pozguy is correct in that all this may come back to haunt you.
Bubba hugs,
Patrick
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i will get a lawyer for the court,
am not that stupid,
just going to wait untill then,
the uk lawyer have the thing of charging a lot for doing nothing, so i will get one the moment i believe to need them. being in the courthouse
While I understand your reasoning, a good lawyer might quite possibly be of considerable value in helping to prevent a case like this even going to court in the first place.
Also, the fact that the police are being friendly and saying that they believe your side of the story doesn't mean a thing. Unfortunately it apparently does mean that you have been talking to them quite freely about what happened.
I understand that when you know that you are innocent you just want to tell your side of the story and get it all over with. The trouble is that you don't understand the law so you may quite inadvertently end up saying something that hurts your case (or, in some cases, even amounts to admitting some other offense that the police didn't even know about).
Anyway, good luck, and I hope that everything works out OK.
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Gosh, I hope you're right but your story feels scary. The forum is just concern about possible consequences.
I'll join the chorus -- Seek legal advice and guidance. All the Best, YaKa
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Do speak to THT or NAT - it is likely they will lfind a good lawyer who will do this pro bono.
- matt
Angel, you really should take Matt's advice and get a lawyer sooner rather than later. Erm, pro bono means "free".
Ann
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Howdy sunshine...
I just wanted to check in and see how things were going with the case?
Bubba hugs!
Patrick
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Angel Dear,
A list of Attorneys by state and field. www.findlaw.com (http://www.findlaw.com) Try to find someone who spends at least 75% of their time in court. ;D Have the best day
Michael