Trial of German singer accused of spreading HIV to open

[crippen]

The trial of German girl band member Nadja Benaissa over claims that she infected a man with HIV in 2000 is due to open today.

Published: 7:00AM BST 16 Aug 2010

Nadja Benaissa: Prosecutors in Darmstadt argue that Benaissa should have known that having unprotected sex can pass on the virus. Photo: REUTERS
The 27-year-old singer from the band No Angels was charged with aggravated assault and attempted aggravated assault last year.
Benaissa, who is believed to have still been a minor when she had unprotected sex with the victim, admits she has known that she was HIV-positive since 1999. She had unprotected sex with three men, one of whom was infected with the virus.


The charge of attempted aggravated assault applies to the liaison with the two men who were not infected.
Prosecutors in Darmstadt argue that Benaissa should have known that having unprotected sex can pass on the virus.
Support for singer Benaissa was arrested in April 2009 shortly before a concert in a nightclub in Frankfurt. Charities like the German Aids Network said the arrest was "over the top" and some German celebrities have also spoken out against what they perceive as the unfair treatment of those living with HIV/Aids.
No Angels were discovered in 2000 during the TV talent show Popstars. They are Germany's most successful girl band and sold five million albums from 2000 to 2003.
Benaissa, who has a young daughter, faces between 6 months to 10 years in prison if convicted.
The trial is due to last for five days. Her bandmates are due to testify. Trial of German singer accused of spreading HIV to open - Telegraph

[HollyGoodhead]

spoken out against what they perceive as the unfair treatment of those living with HIV/Aids

unfair treatment?? how??

I don't see how she can be anything but guilty in this instance, she admits she knew she had the virus the previous year yet went ahead and had unprotected sex! It's a disgrace.

[larvidchr]

The HIV stigma in our PC society , you spread any other deadly disease on purpose and you go down for years, no questions asked and no misguided sympathy from the usual suspects either.

This is nothing short of attempted manslaughter.

[Mid]

I don't see how she can be anything but guilty

Benaissa, who is believed to have still been a minor when she had unprotected sex with the victim

.....

[larvidchr]

Age of criminal responsibility in Germany is 14.

Age of criminal responsibility internationally,age of criminal responsibility,International Juvenile Justice,Strafvollzug für Jugendliche, jugendstrafvollzug,justicia juvenil internacional,

And the age of consent-

After German reunification, according to the Unification Treaty of 1990, the § 149 code section stayed in force for the territory of the former GDR, and West German § 175 and § 182 were not enacted here. The need for gender- and sexual-orientation-neutrality and for a new balancing of sexual self-determination and youth protection was also being seen by West German lawmakers. In the ensuing 1994 reform, the minimum age of 14 for all of Germany was kept, and in building on legal traditions of both states, sexual acts committed by a person above 21 with a minor under 16 involving exploitation of the minor's individual lack of capacity for sexual self-determination were made punishable in new § 182. §175 was abolished. In general, the need for complaint of the former West German law was kept, but in case of special public interest the offence was made prosecutable ex officio as had been the case in East German law.

http://en.wikipedia.org/wiki/Ages_of...Europe#Germany

[crippen]

German pop star escapes jail after failing to tell lovers she was HIV positive
Nadja Benaissa, a German popstar who admitted having unprotected sexual intercourse with three men without telling them she was HIV positive, has escaped a prison sentence.

Published: 1:19PM BST 26 Aug 201
Benaissa, who was a member of the popular German girl band No Angels, was given a two-year suspended sentence after telling the court she was "sorry with all my heart" and admitting being "careless".
The 28 year-old was convicted of grievous bodily harm for sleeping with the men without protection. But prosecutors had sought a lenient sentence because Benaissa had confessed and expressed remorse.


“I made a huge mistake,” Benaissa – who won her place in the band through the reality show Popstars – told the Darmstadt court in western Germany at the end of the trial, adding she had kept it all a secret because she was afraid of what would happen if the public learned she had the virus.
The singer had known she was HIV positive since 1999.
"I am sorry with all my heart," said the mother-of-one. "The last thing I wanted was for my partner to get infected."
Benaissa became part of No Angels in 2000. The German equivalent of the British group Girls Aloud went on to become one of Germany's most popular bands, selling more than five million records before breaking up in 2003.
They reformed in 2007 and took part in the 2008 Eurovision song contest.
In a statement through her lawyer, she said she was told that the chance of passing on the virus was "practically zero".
"Therefore I also concealed the fact that I was infected to my acquaintances. I did not want my daughter to be branded by this.
"I told the band members because I trusted them. I never made it public because I thought that would mean the end of the band."
She told how her HIV status was discovered when she went to hospital, aged 16, for routine tests during pregnancy: "I was totally surprised."
The man who claims the pop star infected him with HIV said they had a three-month relationship at the beginning of 2004.
He said he got tested after Benaissa's aunt asked him in 2007 whether he was aware that the singer was HIV positive.
Benaissa was arrested in April 2009, before a concert in Frankfurt and held in custody for 10 days.
She said she was "careless during those days" and admitted she did not tell her sexual partners about her condition.German pop star escapes jail after failing to tell lovers she was HIV positive - Telegraph