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Monday, August 16th 2010

Yet, Yet More HIV as Assault

The trial of Nadja Benaissa has begun. She is a German based pop-singer who is accused of having unprotected sex with multiple partners while knowing she was HIV+ and not disclosing that fact. At least one partner claims to have been infected by her.

I’ve commented on this ‘trend’ before, of criminalizing risky behavior. Despite my earlier post on the issue, I’m pretty adamant that this shouldn’t be a criminal matter. It’s not that I’m concerned with the shadowing consequences such a trial and potential verdict will have on those who are HIV+, it is merely that there is shared responsibility here enough. Unless the trial brings to light some form of actual deceit, for instance if she lied about her HIV status, then I’m not sure unprotected sex with a person of unknown HIV status in the modern risk environment doesn’t exculpate the accuse somewhat.

But there should be penalties and if not in a criminal court then in civil opportunities for those she’s put at risk. I guess we’ll see just how aggressive this German court wants to be over the coming weeks.