HIV positive man gets 25-yr jail term for raping stepdaughter

HIV positive man gets 25-yr jail term for raping stepdaughter

 An HIV positive man was on Friday sentenced by a local court to 25 years in jail for raping his minor step daughter and infecting her with AIDS.

The court also granted a compensation of Rs 2 lakh for the victim’s welfare and rehabilitation. Additional Sessions Judge Kamini Lau convicted the 42-year-old man for the offence of rape, causing miscarriage by administering medicines and spreading the sexually transmitted disease.

The court gave separate punishment of 10 years for rape, 10 years for attempt to murder and five years for causing miscarriage of pregnancy. The court made it clear that the three sentences would run consequently.

It also said the convict, a patient of HIV and tuberculosis, had knowingly raped his 15-year-old daughter and he was also aware that his act might cause death to her.
The court said, “All such cases of rape or sexual assault where the offender is aware of his sexually transmitted disease status while committing the offence then it involves an additional charge or punishment and there can be no leniency whatsoever.”

It also discussed the laws prevailing abroad on similar issues relating to transmission of sexually transmitted disease (STD) saying the offenders in foreign countries are held guilty for provisions including grievous hurt.

“The courts of England, Wales, US and Canada while dealing with similar issues relating to transmission of STD or infections have uniformly held the violators guilty under various penal provisions such as Grievous Hurt, Recklessly causing serious body harm etc (which include cases where a person has full knowledge of his HIV positive status),” the judge said.

The court added that the exception has been made only in those cases where the other partner consents to risk and where it has been proved to be an informed consent.
According to the prosecution, the victim was regularly raped by her step father after the death of her mother in January last year. It said the convict also gave her medicines to terminate her pregnancy.

The police said while she was attending to her sick brother in a hospital, she herself fell ill and on being examined by the doctors, she was detected with a STD. Then she told the doctors about being raped.