So apparently, Nadja Benaissa, a 26-year-old singer in Germany's famed girl group No Angels (equivalent to the US's Danity Kane) has been arrested on suspicion of infecting one or more sexual partners with HIV. It is unclear whether or not she was in fact the transmitter, according to the source, so I don't understand how this is even publishable news at this point. Many additional questions continue to float about in my head. I understand that it is incredibly immoral to have unprotected sex without disclosing the fact that you have HIV to your partner. But couldn't she have been unaware that she was carrying the virus? In that case, is she still culpable? And how did she become infected? If from a previous partner, is he also being prosecuted?
I gleaned the following info regarding US laws from a Yahoo answers result (cannot certify its accuracy):
"California has the "Willful Exposure Law" in which it's considered a felony and you can get up to 8 years in prison. Qualifications for guilt are:
1. Having sex
2. Know that you are HIV positive
3. Not telling your partner you are HIV positive
4. Not using a condom
5. Having the specific intent to infect the other person
Usually they get off because how do you prove "specific intent"? However, The AIDS Policy Center in Washington, D.C., reports that 27 other states have established criminal penalties for knowingly transmitting or exposing another person to HIV. If you want to press charges you need to contact a lawyer and find out what the law specifies in your state."
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