A 40 year-old HIV-positive man from Syracuse, New York, pleaded guilty to the second-degree rape of a 15 year-old mentally disabled girl, and on Tuesday was sentenced to four years.
...the prosecution looked into whether there was any more serious charge McGloun could face. But even if authorities could prove McGloun knew he was HIV-positive when he had sex with the victim, the only crime that might include would be reckless endangerment. That is the same level felony as the second-degree rape charge and would carry no additional jail time, the prosecutor said.
The story, from the Syracuse Post-Standard, is below.
Victim's HIV blamed on rapist
Willie McGloun, 40, is sentenced for raping teen who tested positive.Tuesday, March 18, 2008By Jim O'HaraA local man was sentenced Monday to four years in state prison for having a sexual encounter with a mentally disabled teenager who has now tested positive for HIV.
Willie McGloun, 40, had nothing to say before being sentenced by state Supreme Court Justice John Brunetti to the penalty agreed upon when he pleaded guilty to second-degree rape. Assistant District Attorney Andrew Tarkowski said the charge was based on the fact the 15-year-old victim was unable to consent because of her mental disability.
Tarkowski said McGloun was a friend of the victim's aunt and had been staying with the family at the time of the incident Sept. 23 in DeWitt.
In court, the prosecutor read letters from the victim and her mother in which they both talked of how the girl spent her 16th birthday crying as she awaited the outcome of her HIV test. Both the girl and her mother wrote of the trauma of testing positive for HIV, something they blamed on McGloun.
The mother said McGloun may be going to prison but he had sentenced her and her daughter to "life in hell."
Tarkowski said the prosecution looked into whether there was any more serious charge McGloun could face. But even if authorities could prove McGloun knew he was HIV-positive when he had sex with the victim, the only crime that might include would be reckless endangerment. That is the same level felony as the second-degree rape charge and would carry no additional jail time, the prosecutor said.
"It is rare," Chief Assistant District Attorney Christine Garvey said of having a defendant pass on HIV to the victim of a sexual assault in this community.
"I've never had a case where that happened," said Garvey, who heads the prosecution's Special Victims Unit.
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