A mother in my area is suing a 30 year old man for giving her 5 year old daughter HIV.
6 months ago, during a walk both mother and daughter was standing behind this man behind a crossing waiting for the lights to change. The man then decided to turn his neck and spit, it landed in the little girls mouth. He claims he didn't know someone was behind him despite her singing nursery rhymes to her mother.
Obviously the mother kicked off at the man but instead of apologising, the man just walked off in the opposite direction.
After testing it was revealed that the girl had HIV. The mother and the father the girl have been tested, they were clear. The mother called the police to find the man who spat, found him, had him tested, reveals he had HIV too.
He is currently claiming not guilty. Do you think the mother suing the man is a bit too far?
Or would you do the same if this happened to your child?
Most Helpful Guy
I also think it depends on whether he knew about his HIV infection or not. Of course you also shouldn't spit if you're healthy (or believe to be healthy) but the situation is still very different. If you believe to be healthy and you spit, this amounts to an act of public indecency. Your intentions are not to commit a crime. You're also not being careless and taking the risk of something very bad happening. You're simply being rude and the HIV infection of the daughter is a tragic accident. Not apologizing is also rude but it is not illegal to walk away without giving an apology.
If however, the guy did know about his HIV infection, the picture looks very different. In this case, the court would first have to prove that he knew about it. This can already be pretty difficult. If the court can prove it, the next step would be to find out whether he did it on purpose or whether he was simply being an idiot he took the risk of infecting somebody. Proving that he did it on purpose will be extremely hard... probably almost impossible. But even if he didn't do it on purpose and simply out of carelessness, this can amount to a serious punishment and it should be punished. I don't know about America but in my country, infecting somebody with HIV is classified as aggravated assault. If somebody does it out of carelessness, he/she can be punished with a prison sentence of up to 3 years. If he/she does it on purpose, the prison sentence can go up to 10 years. So yes, I believe it should be punished in that case.0
Most Helpful Girl
It was accidental.
However, he drastically changed a young girl's life.
Although HIV isn't a death sentence like it was before, it will permanently alter that young girl's life.
Even with all the great medications out there, HIV still turns into AIDS but just as a much slower rate.
It's like me shooting a gun into the air for the 4th of July.
If that bullet hits someone... I am still responsible.
If I had a needle and I threw it in mid air, and it poked someone in the arm.
I'm still responsible for injuring them.
It's very unfortunate, but she has every right to sue him.0