A man identified only as Richard R., who, as a carrier of the HIV virus had unprotected sex with other individuals including a minor girl, won't be jailed after all. Bratislava District Court sentenced him on Tuesday to a three year suspended sentence with three years' probation running concurrently. The defendant, who pleaded guilty, originally faced up to 7-12 years in jail. The verdict is not valid yet, however, as the prosecutor has filed an appeal. Richard was indicted on the crime of endangering others by knowingly transmitting HIV. "The (originally proposed) sentence would have been draconian, as any rehabilitative effect would have been for nought. Ultimately, the risk of contagion would still have been present even if the sentence had been served. It would only amount to a senseless repression of the defendant", said the judge. In its complaint against the release, however, the prosecutor's office pointed to an unfavourable expert opinion from a psychologist, which established that the defendant lacks any critical awareness of the consequences of his actions. "In the context of rationalisation, he adjusts facts so as to make them sound in his favour or in favour of the interest to continue unprotected sexual contact with various individuals, whom he will not inform about the risk of contagion - either because there's no risk of contagion or they deserve it, due to their irresponsible behaviour", said the prosecutor. She added that Richard had a relationship with the minor girl in order to satisfy his sexual urges, although he also sought homosexual contacts on the side.
