View Full Version : Man jailed for passing HIV
Man jailed after passing on HIV (http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/6528885.stm?ls)
A man who recklessly infected his Edinburgh lover with HIV and hepatitis C has been jailed for nine years.
Giovanni Mola refused to wear condoms after beginning a sexual relationship with a woman in Edinburgh in 2003.
His victim told at an eight-day trial at Glasgow High Court she felt she had been handed a "death sentence" by Mola when she was diagnosed herself.
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What is your comment on the sentence?
If he knew he had it and still had unprotected sex, then 9 years are too little.
Thing is, will he even live for 9 years himself? It's probably a "life" sentence in his case anyways and he'll probably die in his cell.
NicoBambi
06-04-07, 09:43 PM
"he'll probably die in his cell."
good for him then...
he souldn't have done that!
"he'll probably die in his cell."
good for him then...
he souldn't have done that!
Exactly. So a longer sentence is probably for nothing.
If it were up to me, I'd castrate him.
But that's just me. :cute:
Why would he die in his cell?
Giovanni Mola refused to wear condoms after beginning a sexual relationship with a woman in Edinburgh in 2003.
and she couldn't say No! Since it wasn't against her will then in one way or another she asked for it so fair enough for both of them.
was it really worth it :hmm: !!
It's a criminal offense. Under the Australia law, if the infected person intended to pass on an infectious disease to another person, then s/he can get up to 20 years imprisonment. And if you can't prove intention,but rather it was reckless act, then up to 14 years imprisonment.
The only problem in these cases is proving intention.
If intention is poven then he should be charged with attempted murder. If the person dies from this act he should be charged with murder.
Aids group slams jail term for HIV case chef (http://news.scotsman.com/edinburgh.cfm?id=532912007)
A mental assessment should be carried out for him as well
What I find strange is the fact that he infected her with Hepatitis C, it is extremely rare for Hep C to be transmitted through sexual intercourse
Why would he die in his cell?
He's been infected with HIV for 7 years already. How much longer before it develops into AIDS? 4, 5 years if he's lucky?
Then, once he's in prison, in close proximity to so many other inmates, what are the chances that he will get ill? The flu? Or an infection that his non existant immune system can't handle?
He most probably won't last another 9 years..
Aids group slams jail term for HIV case chef (http://news.scotsman.com/edinburgh.cfm?id=532912007)
A mental assessment should be carried out for him as well
What I find strange is the fact that he infected her with Hepatitis C, it is extremely rare for Hep C to be transmitted through sexual intercourse
yeah, the hiv groups being against the jail term was in your first link..
and they explained why.. which kinda makes sense too, since that's how things work in Scotland..
"However, it is important to understand that prosecuting people for reckless transmission of HIV is actually undermining efforts to stop the spread of HIV.
"Stigma and discrimination around HIV is increasing as people living with HIV are cast as criminals, making it even more difficult for them to tell other people.
"Prosecutions are also undermining efforts to encourage people to take responsibility for their own sexual health by implying it is the sole responsibility of the person living with HIV to have safer sex."
Roy Kilpatrick, chief executive of HIV Scotland, also said the sentence was severe.
"Every case has to be considered on its own merits but prosecutions should only happen in the most extreme and exceptional circumstances," he said.
"Generally, prosecutions run counter to the interests of public health in Scotland.
"We have built up a culture of voluntary testing in this country and we have concerns that this case will discourage people from being tested and learning their status because they are scared of prosecution."
Fengy, he can receive his antiretroviral drugs while he is in jail, as a matter of fact I believe all prisoners should be treated for whatever ailments they are suffering from especially in a modern society
Fengy, he can receive his antiretroviral drugs while he is in jail, as a matter of fact I believe all prisoners should be treated for whatever ailments they are suffering from especially in a modern society
yeah, but the meds don't put aids off forever. He's probably already taking them..
In the end, the AIDS will catch up.
No Fengy, if he responds to the drugs well & his viral load remains negative for HIV then there is no way he will develop AIDS
No Fengy, if he responds to the drugs well & his viral load remains negative for HIV then there is no way he will develop AIDS
ok. How long will the drugs keep Aids away?
No one knows really do they? They've been around for hardly 10 years..
ok. How long will the drugs keep Aids away?
As long as the viral load remains undetectable with a good CD4 count
As long as the viral load remains undetectable with a good CD4 count
lol
I was talking about a time span.. like days. months, years.. etc :D
I was talking about a time span.. like days. months, years.. etc :D
As long as the viral load remains undetectable with a good CD4 count
With the above status, the infected person can live lifelong without developing AIDS, he will be just a carrier of the virus
You mean he can have hiv all his life without ever developing aids?
ah. ok.
Then his sentence should have been alot longer. :cute:
His actions are morally reprehensible and he does deserve gaol time and same with other people who have the virus and don't plan on telling their potential partners.
But on the sub topic of this topic I know someone who has lived with the virus for at least 17 years if not longer. I can only guess at the length because his partner at the time died of an AIDS related illness in 1990.
Now for something kind of on topic.. the other day I split HIV infected blood all over the desk, keyboard etc which was not my usual desk (ahh the joys of working in a lab). I did clean it up as best as I could but someone told me not to tell the usual desk user that I had done it because they wont want to work there. But it would have been completely irresponsible of me not to tell him just in case I did miss cleaning some up. There is also the whole duty of care thingy too.
That's the kind of people who deserves to die early, I say shoot him with a gun in the head before the sun comes out will be better! Recently ropes have came in handy too! Why put him in a jail when you can get rid of him now?! Oh :shy: I forgot we are not talking of Iraq here...
If intention is poven then he should be charged with attempted murder. If the person dies from this act he should be charged with murder.
Not really, because for one, some people don't die from HIV (it is not a certain thing). And there are much more elements to prove for murder/attempted murder that would make it very hard to successfully charge him with attempted murder/murder. That's why another section was implemented in the criminal code to deal with people who spread infectious diseases intentionally, and if you can't prove intention, you can deal with it under another section which does not need intention, just mere knowledge- "any person who unlawfully does grievous bodily harm to another is guilty of a crime"
And I am thinking, if the person dies lets say 10 years from the date of the transmission because of the infectious disease, it would be too late to charge him with murder, because he would already have been prosecuted by other sections in the criminal code and dealt with. In Law, you can't punish a person twice for the same crime. And perhaps another limitations is the time span to bring a criminal action to court when you know the criminal and the victim?
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