Wrongly Convicted Database Record
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Charge: |
HIV Exposure (deliberately exposing people to HIV infection) |
Sentence: |
18 months |
Years Imprisoned: |
1 |
Year Crime: |
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Year Convicted: |
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Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Switzerland |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Wrongly convicted of exposing a partner to the AIDS virus by having unprotected sex. The man, who was unnamed, was sentenced to 18 months in prison. On appeal an expert testified that there was only a 1 in a 100,000 chance he could pass the virus through unprotected sex. In March 2009 the appeals court overturned his conviction, ruling that under the Swiss law there must have been a realistic possibility he could have passed the AIDS virus by unprotected sex." |
Conviction Caused By: |
Trial judges misunderstanding of the law's application. |
Innocence Proved By: |
In March 2009 the appeals court overturned his conviction. |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
34 |
Age When Released: |
35 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Swiss court accepts that criminal HIV exposure is only 'hypothetical' on successful treatment, quashes conviction, By Edward J Bernard, AIDSmap, February 25, 2009" |
Information Location 1: |
http://www.aidsmap.com/en/news/CEFD90F2-34F1-4570-B9CF-1F0DB462AC9D.asp |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org