Father of my baby has purposefully infected me with HIV.
Basically I wanna lay a charge on him on behalf of my son,cause he placed his life at risk he knew very well that he is sick yet refused to use a condom and continued to keep quite abt his statues even when he found out I’m breastfeeding our son.I’d like to know if I can lay a charge on him n what are my chances of winning the case.mind you he is a welloff person financially and I struggle to get by
Category: Family Law, Children's Rights
Region: South Africa, KwaZulu-Natal
1 Answer
Hello,
Currently in South Africa, there is no particular law that criminalises non-disclosure of HIV/AIDS before, during or after unprotected sex. However, in the popular case of State v Mphikeleli Lovers Phiri, general criminal laws were the applicable laws in that Lovers was charged and convicted of attempted murder for having unprotected sex with his girlfriend without telling he was HIV positive.
I think you can open up a case of attempted murder at the police station.