An HIV-positive man from San Diego entered a no contest plea on Monday after violating a California health code by failing to inform his sexual partner he has the infectious disease.
Thomas Miguel Guerra, 30, could face six months in jail and a fine of $1,000 once he receives the court decision on April 13.
Human Immunodeficiency Virus (HIV) is an infectious disease that can be transferred from one person to another through body secretions and fluids such as blood, semen, vaginal discharges and even breast milk. Aside from that, it can be transmitted through needle prick accidents, drug use and from mother to fetus during pregnancy.
According to the World Health Organization, at the end of 2013, a total of 35 million people are living with HIV and 2 million people are newly enrolled on antiretroviral treatment in 2013 - the largest ever annual increase.
The California health code reiterated that, "Any person afflicted with any contagious, infectious, or communicable disease who willfully exposes himself or herself to another person is guilty of a misdemeanor."
Therefore, Guerra was charged of violating the said provision. In fact, according to City Atty. Jan Goldsmith, "The law is designed to protect the public and, in this case, enforce the right of one's partner to know the truth."
The trial is set to begin in San Diego County Superior Court and his sentence will be read on April 13. If proven guilty, he need to face the charges lined up for him. This is San Diego County's first prosecution of willful HIV transmission.
Meanwhile, court documents stated that Guerra told his ex-boyfriend that he has no HIV the moment they had unprotected sex during their relationship that lasted for months in 2013. However, the partner later found out that Guerra is HIV positive after he urged they get tested together. Weeks after, the then HIV-negative victim learned that Guerra has transmitted his disease to him.
At the time of the arrest, Guerra is dating another man for about a year. The man, who wants to be unnamed, was shocked to find out his partner has the contagious disease. He was in cloud nine with Guerra and said that he was very caring.
"And to go from hours away from wanting to propose to him to learning it's a Dr. Jekyll-Mr. Hyde scenario, it's hard for me to see this man is evil," he told NBC San Diego.
Though he has HIV before dating Guerra, he found out about the evil side of his partner after reading messages in his phone bragging about infecting people with HIV. "I do believe there is some evil in him. It's almost sociopathic. He doesn't seem to care about the pain he's caused people."