Nadja Benaissa, accused of transmitting HIV to her former lover has been found guilty and given a two-year suspended sentence in Germany.

The 28 year old  pop star has been found guilty on one count of causing grievous bodily harm and two of attempted bodily harm.

During the trial the singer had admitted to having unprotected sex with several partners without revealing her HIV status and had told the court she was “sorry from the bottom of my heart”.

Sentencing, Judge Dennis Wacker acknowledged that Benaissa had expressed remorse during the trial, but that the court found that she was guilty of intentionally and recklessly infected one of her former partners with HIV and endangering two others.

Deutsche AIDS-Hilfe (German Aids-awareness group) spokeswoman Marianne Rademacher said in response to the verdict: “If the responsibility for prevention is put entirely upon women and HIV-positive people, we are not recognising the combined responsibility of two people.”

The five-day trial, took place in a youth court in the western town of Darmstad, because Benaissa was 16 when the first offence took place. The court discovered that Benaissa was a troubled teenager who spent her early teens addicted to drugs and often homeless.

At 16 Nadja became pregnant and then discovered she was HIV-positive. Her career took off shortly after when she was catapulted to stardom in the all-girl group ‘No Angels’ after winning Germany’s version of Popstars in 2001.

The trial has received worldwide media attention and has again raised the issue of the criminal HIV transmission. Many HIV activists in the UK have been shocked by the stigmatising language used by people on national media websites in response to features and discussion boards on the issue.

One fan told the BBC’s Tristana Moore who was reporting from the trial, she was disappointed that Nadja Benaissa hadn’t told her former lovers that she was HIV-positive. “But the guys could have also used a condom – it’s not just Nadja’s fault,” she said.

As part of the two-year suspended sentence. Benaissa will also be expected to do 300 hours community service and undergo counselling.

ENDS

Click here to read Edwin J Bernard’s Criminal HIV Transmission blog

THE ASSOCIATION of Chief Police Officers (ACPO) have announced new guidance for Police Officers investigating allegations of criminal transmission of HIV.

The guidance provides officers with basic facts about HIV and sets out advice on how to deal with complaints about reckless or intentional transmission of HIV in a fair and sensitive manner.

The National Aids Trust (NAT) has been working with the ACPO and other groups including,  Police Officers, the Crown Prosecution Service and the National Policing Improvement Agency:  to help improve Police understanding of HIV/Aids and to reduce the number of these cases being brought to court.

Since the inclusion of reckless HIV transmission within the Offences Against the Person Act 1961: many HIV positive people have felt stigmatised and singled out by the law. The new guidance should prevent non-cases being pursued and put and end to reports of unnecessary police raids and peoples confidentiality being breached.

Deborah Jack, CEO of NAT, Said: “Criminal investigations into HIV transmission worry many people with HIV, even though they occur only very occasionally. We are pleased that we have been able to work together with the police to produce guidance for their officers.  The Association of Chief Police Officers took the issue very seriously.

“The resulting guidance sets out a fair way to deal with these investigations that keeps in mind the particular sensitivities of HIV.  This new guidance should serve to reduce the number of police investigations and reassure people living with HIV of what they can expect in the unlikely circumstance this occurs.”

Police forces across England, Wales and Northern Ireland will be expected to follow new guidance.

Ellie O’Connor, Detective Chief Inspector of the Metropolitan Police, said: “Investigations into the criminal transmission of HIV are extremely rare but we know they cause a lot of anxiety for the individuals involved.  It is important police officers have an understanding HIV and what to do should someone make a complaint.

“In producing this guidance we listened to the concerns of the HIV sector and worked in partnership with them.  We strongly encourage all police forces to disseminate this guidance and ensure officers know to access it when a case occurs.”

Under the new guidelines for police investigating criminal transmission of HIV, people living with HIV can expect:

• For their confidentially to be respected.
• An investigation of reckless transmission only to be pursued if a complainant has been infected with HIV
• For the case to be continually discussed with the Crown Prosecution Service to ensure only legitimate complaints are pursued.
• Contact with any other individuals relevant to the case to be initiated by trained staff at GUM clinics.
• Uninterrupted access to medication, in the event of being taken into custody.

If someone reported to the police that they had concerns they have been exposed to HIV in the past 72 hours they will  be referred to an open sexual health clinic or the nearest hospital Accident and Emergency Department to ask for PEP.

According to Avert there have been around 150  criminal transmission of HIV around the world with at least 14 of those from the UK.

Further reading:

Click here to read Edwin J Bernard’s Criminal HIV Transmission blog

Click here to read NAT thinking on criminal prosecutions.

Click here to read NAT thinking on police investigations.

Click here to read NAM thinking on criminal prosecutions

Click here to read THT guide to the law and criminal prosecutions

Discussion at City University on  HIV Transmission and the criminal law 2009