Namibian law silent on intentional HIV infection

Namibian law remains silent in terms of people who intentionally infect their sexual partners with HIV/Aids, by not disclosing their positive status. Corinna van Wyk, from the Legal Assistance Centre (LAC), said a person who has been intentionally infected could possibly open a criminal case of assault with the intention of causing grievous bodily harm, but this “has not been challenged in our courts yet”. Her comments follow the recent disclosure of Hollywood superstar Charlie Sheen that he was diagnosed as HIV-positive four years ago and that he kept it a secret, sparking fears that he may have intentionally affected those he had sex with. Responding to questions from Namibian Sun, Van Wyk said Namibian law does not force anyone to disclose their HIV status to their partners, as this would be against a person’s right to privacy and confidentiality. Asked what the law says about partners who know they are HIV-positive, but do not disclose this to their sexual partners, Van Wyk said the law is silent on this. She said it is always a good idea for people to disclose their HIV status to their partners. “It also helps in considering birth control measures… as well as transparency about the medication required when you are HIV-positive,” she said. Van Wyk explained there are benefits to disclosing your status to your loved ones. “When you are in a relationship - be it an employer/employee or love relationship or even as family and friends - you would want to disclose your status, so that you can protect your partner, yourself, family and friends. You then do not have to lie to your employee when you need to go for your medication, and when something happens to you, you would want your family and friends to be able to assist you in any way they can,” Van Wyk said. She said HIV/Aids is a manageable disease and people should not be stigmatised, but encouraged to disclose their status. “It is a reality and the sooner everyone is comfortable with the idea that it exists among us, the sooner it can be treated, and eventually through treating it as a reality, it would reduce the spread thereof,” she said. Van Wyk also said it is a fact that inmates in prison are having sex, ensuring access to condoms in jails is one of the many ways to reduce HIV infections. “It is a fact that there are sexual activities occurring in prison, and particularly between men, whether we agree with it or not. Now if it happens and we accept this fact, even if we are uncomfortable with it on a personal level, then we can at least reduce the spread of HIV - if the inmates are open about their HIV status with each other and if there are condoms available,” she said. “One should remember that inmates eventually re-enter our societies so it can become a public health situation.” GORDON JOSEPH