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Criminalisation des séropositifs | Double Peine

HIV-positive rapist gets ten years and has deportation ordered

9 December 2003 (AIDSmap)

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An HIV-positive man has been sentenced to ten years in prison after being convicted of rape. A request for lenient sentence on the grounds of health was refused by the judge, Richard Hawkins, at the Old Bailey.

Passing sentence the judge commented on the risk that the man, Linkoy Muhuri of north London, represented to women, and ordered his deportation to his native Congo on release from prison.

The recommended sentence for a person with a potentially life-threatening sexually transmissable disease who is convicted of rape is eight years. Judge Hawkins noted this whilst passing a sentence of ten years and recommended a supervision period of three years after release.

HIV treatment for Muhri in prison would be an issue for the Home Office and prison authorities said Judge Hawkins. The judge was not persuaded by arguments that Muhri should be allowed to remain in the UK after his release from jail as anti-HIV drugs are not available in his native Congo. �You could say it applies to anyone (with HIV) who is convicted of an offence,� said Judge Hawkins, who told Muhri: �You are an HIV sufferer and you committed rape knowing that and without using a condom."

The woman raped by Muhri was not infected with HIV, but the court was told of her anguished wait for her test result.

In November a man was sentenced to eight years in prison after having consensual sex with two women and infecting them with HIV, and another similar case is on-going.