The Case about HIV Infection in Germany
This Federal Court Judgment was issued in 1988. Even though it is somewhat anachronistic in terms of how HIV/ AIDS is treated today, it is still worth considering the risk of infection and the subjective legal elements. The accused was convicted of endanger bodily harm for not using a condom during oral sex and for using a condom only halfway through anal sex until ejaculating. The Federal Court held that since HIV/AIDS is not a socially acceptable risk because it has no effective treatment and is fatal, it is not an infectious disease such as the common cold, and the accused was warned by his physician and knew more about HIV/AIDS than the victim, so he shouldn’t be held responsible for the risk of the infection, no matter how careless the victim was. Although the accused believed that the risk of the infection was negligible, it was only statistically significant, but in reality, any sex without a condom has the possibility of the infection and the victim will bear all of the risks. The accused had a conditional purpose.