LA person known to be HIV positive who has unprotected sex with an HIV negative partner incurs criminal liability. In the event of contamination, she faces up to ten years in prison and a fine of 150,000 euros. For “administration of a substance harmful to health resulting in permanent disability” (Articles 225-15 and 222-9 of the Penal Code).
But what about his partner? On April 27, 2006, A “Opinion on Criminalization of Sexual Transmission of HIV” (Human Immunodeficiency Virus), the National AIDS Council (CNS) recalled that prevention depends on policy.E on “Personal Responsibility” : “If HIV While it is the partner’s responsibility not to transmit the virus, the unclean person’s responsibility is to protect themselves from HIV during a new relationship. »
Under these conditions, can an abusive partner who was not required to wear a condom be charged, by a civil judge, with guilt that reduces his compensation? This is the question posed by the following case.
In 2007, Mme A 27-year-old has unprotected sex.
A month later, Mme X presents the first symptoms of primary HIV infection (fever and severe diarrhea) and requires hospitalization. She is after informed about their HIV status. She must adhere to antiretroviral treatment, which causes many side effects, including severe fatigue. In 2011, she was declared unfit for a job as a home helper.
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In the same year she filed a complaint against Mr. Y. She filed a complaint against the statute of limitations, three years after the facts (it increased to six years with the enactment of Law No. 2017-242 of Feb. 27, 2017). In 2016, she commenced a civil action, seeking compensation for bodily injury, According to Article 2226 of the Civil Code, “After ten years from the date of incorporation” (Stabilization), which intervened for him in April 2015.
In the first case, Mr. Y has been ordered to pay him 93,285 euros (professional impact, temporary functional deficit, suffer suffering, permanent functional deficit). 398,821 to the Primary Health Insurance Fund (CPAM) for his current and future health expenses.me x
But he appeals by calling the opinion of CNS. He maintains that Mme X has “Made a mistake by not using a condom”And he blames this “Absolutely free from liability”.
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