An HIV-positive Melbourne man is on trial for reckless HIV transmission. It's not clear from the report whether the complainant is a man or a woman, but my gut reaction is that this is a heterosexual case.
The case appears to centre on disclosure, rather than causation.
Paul Higham, for the accused, said his client had told the alleged victim he was HIV-positive when they first met.If the accused's allegations that that complainant was "sleeping around" are true, however, causation may well be at issue.
You'll never prove it's me because you f---ed everything in sight," read a third message that Mr Albert said was sent to the alleged victim after reporting the man to police.This may certainly test the limits of phylogenetic analysis, but it's not clear from this report that the defence is following that line.
I've been delaying posting this story from The Age because I was waiting for a follow-up story to publish more detailed to help me figure out whether or not this is a new case, but since nothing else has been published so far, thought I should share it now.
If anyone knows more, please add a comment.
HIV man accused of deliberate infection
March 6, 2008
An HIV-positive man deliberately infected another person and then sent a text message saying "You're full of AIDS", a Melbourne court has been told.
The man, who cannot be identified, has pleaded not guilty to one count of reckless conduct endangering serious injury.
"The accused told (the alleged victim) he had 'had the last laugh' as he had been infected with HIV for over three years," prosecutor Alex Albert told a County Court jury.
Mr Albert said the accused man had tested positive to HIV in 1996 but had unprotected sex with the alleged victim on numerous occasions.
Mr Albert said the man had not told his victim about his HIV status before having unprotected sex. He told the jury that the man later sent a series of text messages to the alleged victim about his HIV status.
"Hope you told him you have AIDS," read one, referring to the alleged victim's sexual partner. "You lied so many times about sleeping around that I never trusted you, you f---wit, but I got the last laugh," said another.
"You're full of AIDS, you c---. You'll never prove it's me because you f---ed everything in sight," read a third message that Mr Albert said was sent to the alleged victim after reporting the man to police.
He told the jury that the man was well aware of the possibility of transmitting HIV through unprotected sex. "The accused foresaw the probable consequence … and was indifferent to it," he said.
But Paul Higham, for the accused, said his client had told the alleged victim he was HIV-positive when they first met.
"The case you're going to hear is a tragedy. It is a sad, sad tale. It's a sad tragedy, but it is not a crime," he told the jury.The trial continues.