Atlanta Defendant Found Guilty for Knowingly Exposing a Woman to HIV
Craig Lamar Davis, 43, was originally accused by two women of knowingly exposing them to HIV, because they claimed he had sex with them without informing them of his HIV status. While Davis claimed he did not have sex with one of the women, he did not deny the charges brought forth by a Fulton County woman.
In Georgia, a charge of “reckless HIV” is a felony punishable by up to 20 years in prison. Davis’s sentencing hearing has been scheduled for February 21st.
“We are pleased with the verdict,” said Kathryn Powers, deputy chief assistant district attorney, one of three prosecutors in the case. “They (jury) were able to weigh the validity of testimony of people who don’t believe AIDS or HIV exist.”
Davis’s attorney argued that, due to the defendant’s crack cocaine addiction, weight loss and pneumonia could have been misdiagnosed by his physician, and that HIV tests sometimes have false positives.
“When they tell you he tested positive for HIV, what that means is there’s an assumption he’s HIV-positive. There’s no test that can measure that on the face of this Earth,” the defense attorney said.
However, the Centers for Disease Control (CDC) informed the Associated Press on Tuesday, January 21st, that several lab tests detect both the antibodies and the antigens, which is part of the virus itself. RNA tests can detect the presence of HIV just 10 days after infection. However, these tests are more costly and are not generally used as screening tests. The CDC reiterated, though, that false positives are rare, although a false negative reading on the more general test can occur if the test is administered before antibodies develop.
Davis’s primary care physician testified, stating that she diagnosed him with HIV in 2005 and that the defendant used prescription drugs to manage his disease.
Prosecution of Communicable Diseases, Including HIV
Knowingly infecting other people is a serious criminal offense, whether the infection is Hepatitis C or HIV. It can be considered assault with intent to do bodily harm. If the crime occurs across multiple state lines, it becomes a federal issue.
Assault and battery are two different but related crimes that frequently happen simultaneously and, as a result, are usually prosecuted jointly. Assault involves the act of threatening to injure someone, while battery refers to the actual act of violence. Both assault and battery are taken extremely seriously in a court of law and carry heavy penalties including jail time and more.
If you cannot file for criminal or federal charges, personal injury lawsuits can help you recover medical costs and punish the person that infected you. Medical malpractice personal injury lawsuits can also help a medical professional from continuing dangerous practices that could lead to the spread of disease.
The Strom Law Firm Can Help with Charges for Knowing Exposure to Diseases like HIV
If you or a loved one have been injured, harmed, or killed from contracting serious communicable diseases like Hepatitis C, HIV, or meningitis, you may be entitled to file a personal injury lawsuit. The attorneys at the Strom Law Firm can help get you the compensation you deserve, to get you through these tough times. We are licensed to practice across South Carolina, Georgia, and New York. To help you with your case, we offer free, confidential consultations. Do not hesitate to contact us. 803.252.4800