Royal Palm Beach Man Infected with HIV Charged with Rape
A 28-year-old Royal Palm Beach, Florida man was arrested for allegedly confessing he had sex with another man and not telling him he was HIV positive. He faces charges of sexual battery and burglary after police were called to the home of a 25-year-old man who claims the HIV infected man sexually assaulted him at his home after a night of bar hopping.
The alleged victim said that he went to bed alone in the buff after the two men and another friend returned home from a night of excessive drinking that left them extremely intoxicated. The 25-year-old man told police that he felt like he was being sexually assaulted in his sleep and awoke to find the 28-year-old man performing sexual acts on him. A fight broke out, but eventually ceased and the 25-year-old supposedly walked around his development and the 28-year-old man left.
The 25-year-old decided to call the police. Once inside the station, after his rights were read, the HIV infected man allegedly changed his story approximately three times about what happened the previous night.
According to a police report, the HIV positive man supposedly told an officer that he has HIV and takes medication to suppress some of the diseases effects. He allegedly confessed that he did not inform the 25-year-old man that he was infected prior to engaging in sexual activity.
He was held at the Palm Beach County Jail with bail set at $125,000.
The fact that the man accused of sexual battery is infected with HIV could make this case even stickier and result in a charge of criminal transmission of HIV. Criminal transmission of HIV or any type of STD can be prosecuted under Florida law and is classified as intentional, reckless and even accidental if the person infected was unaware of their status.
Any time a rape allegation is made, the circumstances leading up to the alleged event factor into the outcome of the case as well as questions surrounding consent, like if drugs and alcohol were involved. Approximately 70 percent of alleged rapes in the United States involve alcohol or drugs. When both parties have engaged in the use of alcohol or drugs, this can blur the lines of communication leading up to consent of sexual activity. Most rape cases rely on he-said-she-said statements because there are oftentimes no eye witnesses. From the very first allegations, it is necessary to hire an experienced rape defense lawyer; oftentimes, knowing the right questions to inquire can save you from a criminal conviction.
If you have been charged with rape in the state of Florida, despite the circumstances, contact the Florida Sex Crimes Defense Lawyers online or call us toll-free at 866-608-5529.