He had transmitted HIV to his girlfriend, in absentia he was sentenced to 12 years in jail.
A man was sentenced in absentia to 12 years in prison for transmitting the HIV virus to his partner, then 16 years old. Not present during his trial, a warrant has now been issued for his arrest.
The GardCriminal Court has sentenced a 39-year-old man to twelve years of imprisonment on Thursday (December 8th) for transmitting the HIV virus to his partner eleven years ago. The latter, to whom he had hidden his seropositivity, was sixteen years old. However, the accused, being prosecuted for “administering with premeditation a harmful substance, followed by permanent mutilation or infirmity, by a person being or having been a partner “, did not have the opportunity to hear the verdict. He has not been found since 2013 and a warrant has been filed against him.
A seropositivity revealed late.
The victim however was present, and has been able to tell how she felt tricked by her lover. I did not have all the cards in my hands, nobody wants to get sick voluntarily, even for love, she reminisced, with tears in her eyes.
It was only after a few months in the relationship, in 2005, that the young woman, then 16 years old, learned of the seropositivity of her companion, from his brother. Concerned, she carried out tests in March 2006, which revealed that she had been infected with HIV. Despite this, she continued to have unprotected sex with her partner until her separation, when she was three months pregnant.
“For him, it was like the flu” The victim
The accused, during the investigation, had pointed out that his ex-companion’s undertook risky sexual intercourse with full knowledge of the facts. The young woman response: her companion minimized the gravity of his condition. “For him, it was like a flu, it did not matter.” Finally, the victim filed a complaint in 2010, and then in 2012: “I did not want anyone else to live that”. The defense, who had pleaded for an acquittal, argued that the accused had ” “loved the victim madly, and that” he never said that he intentionally wanted to give her AIDS, the moral intention was not there. ” The lawyer of the victim for herself, highlighted the “real hell” that became the life of his client. “At 15 years, we dream of love […], she found the one who partially destroyed his life.”
La cour d’assises du Gart a condamné un homme de 39 ans à douze ans de réclusion criminelle, jeudi 8 décembre, pour avoir transmis le virus du VIH à sa compagne, il y a maintenant onze ans. Cette dernière, à qui il avait caché sa séropositivité, était âgée de seize ans. Toutefois, l’accusé, poursuivi pour “administration de substance nuisible suivie de mutilation ou infirmité permanente par une personne étant ou ayant été concubin et avec préméditation”, n’a pas eu l’occasion d’entendre le verdict. Il est introuvable depuis 2013 et un mandat de dépôt a été déposé à son encontre.
Une séropositivité révélée sur le tard
La victime était, elle, bien présente. Et a pu dérouler à la barre la façon dont elle s’est sentie flouer par son amant. “Je n’avais pas les cartes en main, personne ne veut être malade volontairement, même par amour”, s’est-elle rappelée à la barre, les larmes aux yeux.
Ce n’est qu’après quelques mois de relation, en 2005, que la jeune femme, alors âgée de 16 ans, avait appris la séropositivité de son compagnon, de la bouche du frère de ce dernier. Inquiète, elle procède à des analyses en mars 2006, qui révèleront qu’elle a été contaminée par le VIH. Malgré tout, elle continuera à avoir des relations sexuelles sans protection avec son compagnon jusqu’à leur séparation, alors qu’elle est enceinte de trois mois.
Ce sur quoi s’était appuyé l’accusé lequel avait, pendant l’instruction, appuyé que son ex-compagne procédait à ses rapports sexuels risqués en pleine connaissance de cause. Répose de la jeune femme : son compagnon minimisait la gravité de son état. “Pour lui, c’était comme une grippe, ce n’était pas grave”. Finalement, la victime portera plainte en 2010, puis 2012 : “Je ne voulais pas que quelqu’un d’autre vive ça”.
La défense, qui avait plaidé l’acquittement, a argué que l’accusé avait “aime à la folie” la victime, et qu'”il n’a jamais dit qu’il voulait volontairement lui inoculer le sida, l’intention morale n’y est pas.” L’avocate de la victime, elle, a appuyé sur le “véritable enfer” qu’est devenue la vie de sa cliente. “A 15 ans, on rêve d’amour […], elle a trouvé celui qui a en partie détruit sa vie.”
Criminal Court: A Gardois accused of having transmitted HIV to his 16 year old girlfriend
The thirty-year old man, accused by his girlfriend who has left him since, will be judged in the Gard Criminal Court on the 8th and 9th December.
This is a rare case that comes before the Criminal Court of the Gard County. A man will be in the box for having transmitted HIV to his young companion. The accused will appear on 8 and 9 December charged with “administration of a harmful substance causing disability or mutilation”. The case happened in Beaucaire between 2005 and 2006.
When they meet, the girl was 16 years old and he was already 28 years old. They lived together for several months. But the man did not reveal his serological status. He is both HIV-positive and has hepatitis-B. It is the brother of the young man who alerted his girlfriend informing her that he had been seropositive for several years.
Pregnant, seropositive and alone
After testing, she found out she was HIV-positive in March 2006, but she carried on living with him and continued to have sex with him. She became pregnant in October 2006. It is at this point that he decided to end the relationship. Pregnant and seropositive and alone, the young woman decided to file a complaint in 2010, to prevent the other partners of her former companion to become infected.
For his part, the young man certified having disclosed his seropositivity. The filing of the complaint did not lead to further action which led the lawyer of the young woman to file a complaint with a civil party before the senior investigating judge. The magistrate, Céline Simitian, was ultimately charged with the case and ordered the boyfriend’s indictment. He maintains that she was aware of his serological status but acknowledged that he had been reckless because he did not use condoms.
Absence of the accused
At the end of her investigation, the judge decided to indict the former companion. “He was perfectly aware that by having unprotected sex, he could pass the disease on to his partner.” The investigating magistrate finally ordered the indictment of the suspect.
Is the accused missing? Meanwhile, Laurence Bourgeon, civil defence counsel, approached the trial with caution, particularly in relation to the mental state of the complainant.
“It was very painful for her, and at the time of her infection, she did not know if she could overcome it.” She thought she was going to die, she said. It is a person whose life has changed completely. It is someone who has lived the horror. The trial brings back a lot of things: anger, despair. ”
“He did not understand the consequences”
The lawyer for the accused, Eurian Thomasian, stated that he had no news of his client. This may suggest that the accused could be tried in his absence. “I think that legally, the offence can only be retained. Simply, it is someone of Portuguese origin who is not very educated. He did not understand the consequences of the HIV virus. He did not think he could pass it on, “said the lawyer.
The attorney general, Michel Desplan, will prosecute himself during the debates presided by Genevieve Perrin.
Assises : un Gardois accusé d’avoir transmis le VIH à sa compagne de 16 ans
Le trentenaire, accusé par son compagne qui l’a quitté entre-temps, sera jugé devant les assises du Gard les 8 et 9 décembre.
