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He said simply producing HIV results without proof of the accused’s HIV status would not prove the offence.
“Unfortunately, how to gather evidence for the successful prosecution of such cases is yet another problem because there is no law in Zimbabwe which compels testing institutions to reveal or make public patients’ HIV status,” he said.
“In fact, as Professor (Geoffrey) Feltoe stated in the commentary on the criminal code, it is illegal and breach of medical confidentiality for testing institutions to reveal a patient’s HIV status without the patient’s express consent.”
The State alleged that on December 31 last year the complainant stayed with the accused person as his wife. During the time, the State says, they were intimate on several occasions.
Sometime in March this year, the complainant fell sick and requested to be tested for HIV and she tested negative and she was told to return three months later.
In April this year, the complainant was tested for HIV at the New Start Centre at Wilkins Hospital and she tested positive.
She reported the accused to the police alleging that he had deliberately infected her with the virus.
Online Reporter