SANTA CRUZ DE TENERIFE, 21 June (EUROPA PRESS) –
The Criminal Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has dismissed the appeal lodged by a man against the verdict of the Provincial Court of Santa Cruz de Tenerife that cleared his former partner, who was accused of transmitting HIV to him through unprotected sexual intercourse while concealing her HIV-positive status.
The judgment, released this Friday, highlights the lack of conclusive evidence proving that the woman infected her former partner with the virus. It is based on the three arguments presented by the Provincial Court to justify the acquittal.
The ruling states, “These arguments are not illogical or irrational, and they are not contradicted by scientific evidence or common experience principles. The prosecution did not present any evidence to the contrary.”
Specifically, it emphasises that the victim had been in a relationship with another individual and “it is not impossible” that he could have contracted the infection from that person. Additionally, the negative test result in May 2018 – before their relationship began – “does not rule out the possibility of prior infection, considering the virus may take weeks to manifest.” Moreover, the absence of phylogenetic analysis prevents a definitive assertion “beyond any doubt” that the man contracted the virus from his partner.
The man tested positive for the virus in 2019 after being in a relationship with the woman, who never disclosed her HIV-positive status to him. She justified the medications found at her home for treating kidney disease, although during the trial, she claimed to have informed her boyfriend about her condition in 2014.
The Prosecutor’s Office, along with the private prosecution that supported the appeal, sought to overturn the verdict and requested a nine-year prison sentence for grievous bodily harm, along with a compensation of €30,000.
An appeal against the ruling, which is subject to change, may be lodged before the Second Chamber of the Supreme Court.
