July 22, 2022
Source: Liberty Times Net
(Reporter WANG,DING-CHUAN, New Taipei)
A-Ming (alias), a man who was accused of hiding the fact that he is HIV positive, was having unsafe sex with another guy, A-Qiang (alias). This was said to be in violation of the HIV Infection Control and Patient Rights Protection Act (hereafter the Act). The District Attorney in New Taipei City deemed that A-Ming did have his follow up appointments regularly and took his medication on time; thus, the HIV viral load was lower than the bottom limit and it wouldn’t be sexually transmissible. Also, A-Qiang had tested negative afterwards. Therefore, the DA decided to drop the indictment as A-ming didn’t have a subjective intention.
A-Qiang filed a lawsuit saying that A-Ming withheld the fact of being HIV positive and had unsafe sex with him on December 25th 2021; thus, he accused A-Ming of attempting to violate Article 21 in the Act “Individuals who are fully aware that they are the infected have, by concealing the fact, unsafe sex with others.”
A-Ming denied the allegation. He declared that he had been living with HIV 6 or 7 years, and he had gone to the hospital for treatment. He was able to keep the viral load to a minimum with regular follow-up and medication.
The DA obtained the record from the hospital showing results from a test A-Ming took on June 15th 2021, indicating that the viral load was below 20 which meant lower than the bottom limit. Therefore, A-Ming wouldn’t pass HIV to others sexually. Meanwhile, A-Qiang took a HIV rapid test showing a negative result after learning the news.
The DA then concluded that A-Ming did follow-up regularly with timely medication and had become virally suppressed before A-Ming was sexually involved with A-Qiang. He didn’t have a subjective intention so they dropped the charge.
Translated by Jessica Hsu