75. Infracţiunea de viol şi infracţiunea de transmiterea sindromului imunodeficitar dobândit
75. The rape and the offence of transmission of the acquired immunodeficiency syndrome

Summary/Abstract: As it is about having sexual intercourse by threatening the injured person, and by this sexual intercourse the defendant transmitted to the same injured person the HIV virus, the constituent elements of the offence of transmission of the acquired immunodeficiency syndrome are met according to Article 354 of the Criminal Code. It may result from the statements of the heard persons and from the forensic and medical conclusions indicating that the injured person is HIV positive, and her husband is health, besides any reasonable doubt, that the injured person acquired the virus from the defendant. Moreover, this also results from the fact both the injured person and the defendant were detected with the same HIV viral subtype (the same cluster), which shows that the injured person acquired it from the defendant. The high degree of relatedness of the F1 HIV virus strains identified to the defendant and the injured person shows that they take part of a transmission chain, and thus, it is ungrounded the defendant’s allegation that it would not have certainly been established that the defendant is the person who transmitted the virus to the injured person.

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