Should HIV-positive people who intentionally infect others with the virus be punished.?

Question

What is the legal situation regarding this in South Africa?

Answer 1

They must be taken and put on a bond fire and be burned to d

And for the rest of them after 14jr  still get aids they too because they have had a choice only those who been raped is free of this judgment

Cause they had aids by choice

Why must we suffer because of them?

Answer 2

Chuck them in an incinerator.

Answer 3

I am not sure what the legal situation in South Africa is.

But, as for my opinion... I'm mixed.  I feel it is definitely wrong to intentionally infect others.  But at the same time, if it is consensual s*x, it is still both partner's responsibility to take care of their own health, and to either abstain till both parties are tested, or use protection.  

So basically, an HIV + person should inform their partner about their status, but it is the other person's responsibility to take care of themself.

Answer 4

Legally, it seems pretty clear. It is either murder or manslaughter, depending upon the intentions of the person. If he  transmitted it while waiting for the result of the test, it could be charged as manslaughter, in the same way as causing death by dangerous driving. If on the other hand the person has received confirmation of his infection, it is clearly murder, although whether pre-meditated or not is for the court to judge.

Whether that is the case in SA, though, I have no idea, I admit. Probably depends on whether you're a white (= murder straight off) or black (poor, underprivileged boy, don't do it again.)

Answer 5

There is no two ways about it, yes they should!

Answer 6

As far as I am concerned THAT is attempted murder (even mass murder.) Everybody knows (or should know) that once it explodes into AIDS one can and more than likely will die a painful death. I can’t imagine anything more evil!

I have no idea what the legal implications are but they should be the same as attempting to poison someone lethally with the intention of killing them and possibly many others.

Such a person is a mass murderer!

But I would like to point out that a person that goes about their illness responsibly, may enter my home and sit at my table anyday.

Answer 7

Yes, they should. I don't know.

Answer 8

I am not sure about the legal situation, but maybe they should just live and go through what they condemned other innocent people to

Answer 9

It is a crime and there have been prosecutions around the world. If it can be proven then it carries a heavy sentence.

________

Cakes, I found this EU site with the laws of the EU countries and HIV transmission is definitely criminal, in the UK there have been 4 prosecutions to date.

http://www.gnpplus.net/criminalisation/u...

South African law

http://hrw.org/press/2003/09/sa-drafcrim...

"....Secondly Section 2(4) (c) of the Bill defines rape to include situations where a person "intentionally fails to disclose to that person in respect of whom an act which causes penetration is being committed, that he or she is infected by a life-threatening sexually transmissible infection in circumstances in which there is a significant risk of transmission of such infection to that person." As a practical matter, this provision, read with Section 2(1), is likely to increase women's vulnerability to a charge, largely due to circumstances beyond their control. In so far as "life-threatening infection" refers to HIV, women are more likely than men to know their HIV status due to testing which is conducted through antenatal clinics. Many HIV-positive women, who were themselves infected by their husbands or partners who acquired HIV outside of the relationship, risk violence or other serious consequences if they reveal their status, or if they insist on condom use or refuse s*x. As a result, this provision will likely only further victimise women, who already are suffering disproportionately from the epidemic. To the extent that the Portfolio Committee wishes to ensure that particularly egregious cases of intentional HIV transmission are criminalized, it should note that intentional HIV transmission may in certain circumstances be covered by common law crimes (such as assault or attempted murder). We therefore recommend that this provision be removed from the Sexual Offences Bill"

Answer 10

Havent heard about any law regarding that. For me infecting somebody with the HIV virus is like personally taking their life away!!!

Infecting that person too, wont help they might live even longer than the person they infected. . .

In my opinion, they deserve the death penalty or something where they suffer for the rest of their pathetic life!!!

Answer 11

yes but what punishment is worse than HIV?

People must stop sleeping around.

I heard that 2/3 (two thirds) of girls a Tukkies are HIV positive - a guy that used to work with my husband a couple of years back said he wouldnt take his chances with any of those girls.

This was the white girls.

Answer 12

There is an Act called the Minimum Sentences Act that is applicable, if a criminal rapes some one knowing that he is HIV positive, the minimum sentence the Court has to impose is Life except if the defence can prove that there are substantial and compelling reason for the court not to impose the sentence.

It is act 105 of 1997

I am looking for a proper link to give you the whole act but my Jutastat is not allowing me to copy the Act.

Answer 13

It will be difficult to prove, but I agree, the buggers must locked away on Robben Island

Answer 14

Lol Cakes I say they should be punished ok,cause as far as I'm concernd they commited mass murder ok???x*x

Sorry Love that's my opion ok???x*x

Answer 15

yeah, they should punished. By purposely infecting someone you have murdered them. Even if it does take years.

Problem with this country and society is that HIV has become normalized. Too many people have it and too little is done about it.

Anti virals are available, you can live for years with HIV and not get sick. So it's understandable why so many people see no problem in not disclosing their status to their partners.

Too much is said about how long you can live with HIV and Anti virals, what a good life you can still lead. There was even and advert on SA TV about a HIV couple that had a baby and that the baby was born healthy. They forgot to mention the part where that child might become a young orphan when her parents die.

There should be more said about the negative side of HIV. The health risks, pictures and adverts of what HIV people go through when they get sick. HIV has been given rose colored glasses. It's time they got taken off.

Answer 16

Consensual s*x or not, if you know you have HIV, you disclose this to your partner and take steps to  prevent passing it on. Otherwise it is at the worst - murder (possibly serial murder) and at the least reckless  disregard. And yes they should be punished.

I am not a violent person in fact but in fantasy .......... well I  fantasize about the law putting infected penises, still attached to the man, into a blender and turning it on high. And for women of stitching them up permanently without the aid of anesthetics.

**All HIV sufferers, relax! It is just a fantasy! :o)

I'm in full agreement with Res re: responsible people with HIV.

Answer 17

Based on some of your answers to other questions I know you're very smart cakes and I would thus presume you would know the answer to your "should" part of the question: of course!!

The answer as to what the legal situation in SA is is that there is no "legal situation" in South Africa anymore - everything is illegal.  Based on this premise our HIV friends who intentionally infect others are thus fine and quite immune to encountering any problems with their actions in SA.  Pun intended.