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HIV positive doc gets jail for sex

Published: 21 Jun 2010 15:25 GMT+02:00
Updated: 21 Jun 2010 15:25 GMT+02:00

A male senior physician has been jailed by Stockholm District Court after he had unprotected sex with two men despite knowing that he was HIV positive.

The court sentenced the physician to ten months imprisonment for reckless endangerment and was also ordered to pay 26,900 kronor ($3,512) in compensation to one of the men.

One of the two men has been diagnosed with HIV, but the court argued that it can not be ruled out that he was infected by someone else. The second man is not HIV positive.

Lawyer Elisabeth Massi Fritz, representing the two men, told news agency TT that the ruling will be appealed.

"The prosecutor and I agreed that we would appeal if any of the charges were to be dismissed."

The man was facing a further charge of aggravated assault, with an alternative charge relating to causing the HIV infection. These charges were dismissed by the court as it could not be concluded that the doctor was responsible for the infection.

Elisabeth Massi Fritz says she is not surprised at the verdict but expressed disappointment that one of the charges was dismissed.

"There can be no other person that has infected my client. But we have to obtain a supplementary investigation to prove this," said Massi Fritz.

The district court concluded in its ruling that the doctor's actions had threatened the lives of the men and that his offence should be considered especially serious, given that in his professional capacity he should be aware of the Swedish Institute for Infectious Disease Control (SMI) rules of conduct.

TT/The Local (news@thelocal.se)

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Your comments about this article

16:26 June 21, 2010 by Audrian
From the sentencing one can surmise that the victims were not aware that the doctor was HIV posotive. In this story that the one or both victims are positive is a chance occuring. The doctor's behavior should signify intent to kill because he was not aware of their status. He is probably trying to spread the disease probably because he was angy over his HIV status.
00:46 June 22, 2010 by Guy with a big whang
Lesson to be learned, don't bang a guys bum, especially without a "second skin".
06:45 June 22, 2010 by Da Goat
Why waste court time and resources (unless they can revoke medical care as a penalty) just let the AIDS death sentence take its course!

just issue all three with a Darwin award!

maybe something could be cut off to mitigate any further damage! ROFL !
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