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Ireland - First conviction for passing on HIV upheld on appeal


Jim Allen:

In Short:

--- Quote ---First conviction for infecting women with HIV upheld on appeal

The Court of Appeal has upheld the first conviction for “intentionally or recklessly” infecting a person with HIV, in the case of a man who was jailed for 10 years for giving the virus to two of his sexual partners, including his wife.

the trial heard that the man had a positive viral load when he was screened in 2010, suggesting he had not been taking his medication.

The now 31-year-old – who cannot be identified to protect the identity of his victims – was convicted of causing serious harm to the women, contrary to Section 4 of the Non-Fatal Offences Against the Person Act, after he had unprotected sex with them on dates between November 2009 and June 2010.

The circuit court trial heard that at around the same time in 2009 the man commenced relationships with both women, who described how he was “reluctant” to use contraception and that they had unprotected sex.

A later analysis of the man's medical records revealed he had been diagnosed as HIV positive in 2008 and had received treatment, advice, and medication.

Although he had pleaded not guilty to the charges, the jury did not accept his plea and he was jailed following a trial at Dublin Circuit Criminal Court before Judge Martin Nolan in July 2018.
--- End quote ---

I might have an unpopular point of view here, the guy is a prick for passing on HIV and I am fine with him getting a jail term. He wasn't taking his meds and therefore could pass on HIV, he knew that.

However, the people sleeping with him are responsible for their own health. If you have sex, you accept the risk for STIs & HIV and if you have condomless sex, then you certainly accept a greater risk, so don't cry about it afterwards.

I agree with you on both counts Jim. We have a duty of care to others, and now a days fulfilling that duty is so easy. And all individuals are responsible for their own well being also. I would sympathize with the wife though if she knew of his condition but thought he was adhering to his meds.
The guy has issues and now has time to reflect on them. Cases like this will reflect on all HIV positive people in Ireland in a negative way.
He has done nothing for our cause.


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