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Deliberate transmission of HIV carries jail time

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Intentionally or recklessly infecting a person with the Human Immunodeficiency Virus (HIV) carries a penalty of a maximum of 10 years behind bars on Saint Lucia.

Police Press Officer Zachary Hippolyte confirmed with St. Lucia News Online (SNO) on Wednesday (May 27) that the alleged person who might be going around infecting people could be charged.

However, the man’s identity is unknown and the victim that has come forward to the media has not taken the matter to the police. The man is alleged to be a bus driver, who works in the North of the island.

According to Section 140 of the St. Lucia Criminal Code: “A person who, knowing that he or she suffers from AIDS, intentionally or recklessly infects another person with HIV, whether through sexual intercourse or any other means by which the disease may be transmitted to another person, commits an offence of aggravated sexual assault and is liable on conviction on indictment to imprisonment for 10 years.”

This law was revised on Dec.31, 2005 and again in 2008 and is similar to what obtains in the United Kingdom.

However, proving that someone planned to intentionally give another person HIV is extremely difficult, according to experts. Allegations of this kind are extremely rare and there have been no prosecutions so far in Saint Lucia.


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