Court ruling: 115,000 euros in pain and suffering after HIV infection
In Munich, a man was sentenced to pay high pain and suffering money for infecting his ex-girlfriend with HIV. Apparently he hadn't known about his infection. The accused had kept his partner secret from not having taken an AIDS test.
Unknown HIV infection is a major threat to sexual partners
Health experts announced a few months ago that there are more and more HIV infections due to careless sex in Germany. This is particularly problematic if sexual diseases are not recognized early or not at all. According to estimates by the Robert Koch Institute (RKI), around 14,000 Germans were unwittingly infected with HIV at the end of 2013. This also poses a great danger to the sexual partners. A man was now on trial in Munich, who stated that he knew nothing about his HIV infection. Since he infected his ex-girlfriend with the virus, he now has to pay a high compensation for pain and suffering.
High pain compensation for former partner
As the dpa news agency reports, a man has to pay 115,000 euros in pain and suffering for the infection of his former partner with HIV. According to the information, a Munich justice spokesman confirmed corresponding media reports. The civil chamber of the Munich district court had also awarded the infected woman compensation for all consequential damage. According to the judgment (Az: 23 O 14459/14), the couple had met in 2012 and had three times unprotected sex with each other, with the woman suffering from a condom allergy insisting on a previous AIDS test. When the accused submitted a test report from his urologist, he did not disclose that he had not been tested for HIV.
The accused pretended to have a negative test
According to the report, the plaintiff subsequently suffered from diarrhea and vomiting, sleep disorders and anorexia: typical symptoms that can develop after an HIV infection. The woman was infected. However, the man denied his responsibility in the process. He stated that at the time he knew nothing about his own infection and had not lied to the woman. However, the court assumed the information provided by the applicant and the result of an expert opinion. According to the expert, the defendant infected his partner at that time "with a probability that is almost certain". According to the judges, however, it could not be proven that he acted deliberately. However, the man had "culpably violated" his duties of care when he specified the existence of a negative test and thus led her to unprotected sex. As part of the new "Love Life" campaign, which replaces the former prevention campaign "Don't give AIDS a chance", we expressly call for testing for HIV (ad)