No law to prove deliberate HIV infection, making evidence crucial - WLC

There are very little legal consequences for those who knowingly infect others with HIV, unless victims are able to prove intent.

This is according to the Women’s Legal Centre (WLC), which has offered legal advice to a woman who believes that a con artist deliberately wanted to infect her with HIV.

Currently, there's no single piece of legislation that criminalises the intentional infection of HIV.

Jody Fredericks, Resident legal advisor at the Womens Legal Centre

WLC lawyer Jody Fredericks says that, in order for criminal charges to stick, there needs to be proof that a person knew about their HIV status before the transmission of the virus.

You have to show that the person knew their status at the time of sexual intercourse and that you were not aware of their status and did not consent to have unprotected sex.

Jody Fredericks, Resident legal advisor at the Womens Legal Centre

702 listener Nomthandazo Ndlovu has been seeking legal assistance.

She believes she was intentionally exposed to HIV by a man she had sex with and suspects that she may not be his first victim.

Ndlovu explains that she met a business man in January and they became romantically involved.

She says that he claims the condom slipped off during sexual intercourse, and he disappeared after taking her money and other personal belongings.

The man is alleged to be HIV positive, according to the mother of his child who says he also infected her.

He knew his status and believe that he lied and said the condom slipped off. I believe that he took it off to intentionally infect me with HIV/Aids.

Jody Fredericks, Resident legal advisor at the Womens Legal Centre

Ndlovu says that she is currently on post-exposure prophylaxis and will visit the doctor for a follow up HIV test.

Take a listen to the story and WLC's Jody Fredericks give her legal opinion:


Recommended

by THE NEWSROOM

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
Opinion: HIV infections inflicted by rape needs punitive action

Opinion: HIV infections inflicted by rape needs punitive action

The study has found that sexual violence plays a significant role in increasing number of HIV infections and depression.

Syringe distribution can't be blamed for drug spiking misuse - researcher

Syringe distribution can't be blamed for drug spiking misuse - researcher

HIV prevention syringes being blamed for giving drug addicts access to equipment to exchange blood in new Bluetooth craze.

Pharmacists must give patients full info on HIV home test kit - Pharmacy Council

Pharmacists must give patients full info on HIV home test kit - Pharmacy Council

SA Pharmacy Council says pharmacists must explain how HIV home testing kits work, how to read the results and where to seek help.

HIV home testing kit should be understood as a screening tool - HIV Specialist

HIV home testing kit should be understood as a screening tool - HIV Specialist

HIV Specialist, Dr Marlon Mckay advises people using the home testing kit to follow it up with a formal test by a professional.

SA could soon have safer and cheaper HIV treatment

SA could soon have safer and cheaper HIV treatment

According to the latest SA Medical Journal, a new HIV treatment called 'Advance' is about to undergo full-scale tests in SA.

How far has South Africa come in fighting HIV/Aids?

How far has South Africa come in fighting HIV/Aids?

Experts have highlighted the importance of changing dangerous behaviour and educating communities to eradicate the disease.

Popular articles
UK issues terror warning against SA after Brit couple abducted in KZN

UK issues terror warning against SA after Brit couple abducted in KZN

The British gov issued a travel advisory‚ warning of possible attacks when traveling to SA, after a UK couple was kidnapped.

Their way or the highway? 7 annoying habits many drivers are guilty of

Their way or the highway? 7 annoying habits many drivers are guilty of

Passengers often endure all sorts of irritations from drivers. Callers share their biggest gripes about folks behind the wheel.

[LISTEN] Gigaba deliberately misled the public - Zwelinzima Vavi

[LISTEN] Gigaba deliberately misled the public - Zwelinzima Vavi

Trade unions react to Malusi Gigaba's announcement of a one percentage point VAT increase for #Budget2018

Saps: Attackers spared 5 female cops in Ngcobo police shooting

Saps: Attackers spared 5 female cops in Ngcobo police shooting

E Cape Saps says they are investigating the murder of five police officers and one retired soldier at Ngcobo Police Station.

Missing Cape Town couple's vehicle found north of Durban

Missing Cape Town couple's vehicle found north of Durban

Hawks spokesperson says the couple has not yet been located and their names will not be released as yet.

How to make your first million

How to make your first million

Warren Ingram discusses his new book in which he shares practical ways for ordinary people to achieve financial freedom.