A 30 year-old gay man in San Diego will face six months in prison and a $1,000 (€940) fine after pleading ‘no contest’ to spreading HIV on purpose.
According to the city attorney’s office, Thomas Miguel Guerra, lied about his positive status when he started a relationship with another man in 2013, and even insisted that they did not use protection when having sex. The victim was tested later that year and was found to be HIV positive.
When the relationship ended, the victim learned that Guerra knew he was HIV positive at the beginning of the relationship after reading text messages on Guerra’s phone. Guerra even bragged to friends about spreading the virus, saying that he was giving people his “positive load”.
After the discovery of the texts, the victim filed a complaint with police in August 2013. City attorney Jan Goldsmith said it was the first ever prosecution of deliberate HIV transmission in San Diego county.
“I hope this case helps to educate people that it is a crime to willfully expose someone to an infectious disease,” Goldsmith told KFMB TV station.
“The law is designed to protect the public and, in this case, the right of one’s partner to know the truth.”
An ex-boyfriend told NBC San Diego that Guerra is allegedly still active on the dating app Grindr, and may be using an alias.
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