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| *Women health>>>AIDS |
What is the criminal charge if you knowingly give a person AID/ HIV & that person dies? |
What is the criminal charge if you knowingly give a person AID/ HIV & that person dies? It is unlikely that the person will die from the HIV infection since A) it usually takes a while for HIV/AIDS to become deadly (like years) and B) new medication and drugs have allowed long lives for those infected. However it is a crime to knowingly infect someone with HIV in some states and countries. In separate cases, two men 鈥?one each in NSW and Queensland 鈥?have received lengthy jail sentences after being found guilty of crimes related to transmission of HIV to their partners. While laws criminalising transmission of HIV have been on the statute books in all states for many years, the handing down of two verdicts just a week apart, and the severity of the sentences imposed 鈥?have highlighted the legal risk associated with unprotected sex for people living with HIV/AIDS. Prosecutors originally sought to bring two charges of 鈥榤aliciously causing a grievous bodily disease鈥? a crime introduced in NSW in 1990, which could have led to a sentence of 25 years for each count. But because of the difficulty of proving that Kanengele-Yondjo intended to infect the women, those charges were dropped and he was charged with a less-serious crime of 鈥榤aliciously inflicting grievous bodily harm鈥? with a maximum sentence of seven years for each count. I doubt the charge can be for murder (since the person is unlikely to die from infection at first), but a case can be made for causing undue bodily harm to someone. Source(s): http://www.napwa.org.au/index.php?q=node... http://student.bmj.com/issues/06/12/edit... Murder. Premeditated murder!!! It's murder if it can be proven that the virus was purposely administered. This happened to a doctor when he gave HIV to his ex-girlfriend instead of a vitamin shot. His records showed he didn't send HIV lab specimens to the lab the day or so before the shot that he gave to his girlfriend. It happens all the time, people who catch a disease or an STD sue the person who intentionally gave it to them. If you knowingly give someone a disease, you can be charged with assault, probably (depending on the state), but you can also be sued in civil court for intentional assault and even wrongful death, which is much more common than a criminal charge. And FYI, the person who was infected can sue and/ or charge you for intentionally infecting them while they're still alive, and get money for medical expenses, their pain and suffering, the lifetime stigma of whatever disease they have, etc. If you knowingly kill someone -- barring self- defence -- you are guilty of murder. |
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