_____Re: Proposed HIV law

The courts decided that someone who is aware that he is HIV/ Aids-infected and who has unprotected sex is guilty of attempted murder.It does not matter whether the victim eventually contracted HIV/Aids or not.

The first case was that of Lucas Nyalunga.Nyalunga raped a 26-year-old woman last year.He admitted at the time that he knew he was HIV-positive and confirmed he had received treatment for this for a lengthy period.Apart from the crime of raping her, he did not use protection before raping the woman and thus wilfully infected her.

Judge Eben Jordaan sentenced him to jail for life after his convictions of attempted murder and rape were confirmed by the Pretoria High Court.

The judge said the Criminal Procedure Act was sufficient to deal with this type of scenario, i.e. no new laws have to be made to cover cases where an accused wilfully infected his victim.

It is comforting to know that at least some of the laws in the New South Africa still works.

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