Pop Diva Arrested for Having Unprotected Sex
Deutsche Welle reports that Nadja Benaissa, the lead singer of Germany's most successful girl band No Angels, has been arrested for having unprotected sex with three men between 2004 and 2006. Benaissa, 26, is HIV positive. Prosecutors in Darmstadt, Germany, allege that one of the three men is now HIV positive, possibly as a result of his affair with the singer.
Benaissa was arrested on Saturday night in a Frankfurt Disco just as she was about to give a solo performance. Authorities have charged the singer with dangerous bodily harm. She remains in custody while the investigating judge decides whether or not she might repeat the alleged crime. If found guilty, Benaissa could face six months to ten years in prison.
No Angels sold 5 million albums in their first three years. The four-woman group became an overnight sensation when they won a TV talent competition in Germany in 2000. No Angels performed as Germany's entry in the 2008 Eurovision music contest; however, they came in last.
Last week in Canada, an HIV+ man was convicted of two counts of first-degree murder and 10 counts of aggravated sexual assault for having unprotected sex with 11 women. Two of the women died from AIDS-related cancer, and five others have tested positive for HIV. The conviction has stirred up heated debate among public health officials and AIDS activists in Canada. Clearly, a disturbing trend has begun.
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That is really shitty
When a government holds the individual responsible for the effects of a disease that person carries, regardless of circumstance, compassion and freedom are at risk.
Maybe...
...I think that intent is what it really comes down to. I mean, did she go into this maliciously? Did she know she was putting the men in danger, and did she take precautions? She can't help her disease, but she does have certain responsibilities.
Personal Responsibility
Ummm, where's the guy's sense of personal responsibility? It's her fault that he chose not to put a condom on?
Did she know?
Did she know she was positive when she slept with the guy? Remember: you're only really negative as of the last time you got tested.
After reading through some German newspaper articles...
... it emerges that the allegations are that she knew that she was HIV positive and did not disclose her HIV positive status to those three men before having unprotected sex with them. This combination of factors carries a (somewhat controversial) charge of causing dangerous bodily harm ("schwere Körperverletzung") under German law. Part of the reasoning for this is that this combination is, in fact, thought to constitute a certain intent to harm.
So no, it's not about the disease, it's not about the guy's responsibility, it's about her responsibility to disclose what one might very well consider a major factor for the assessment of the risk of getting a so far incurable infection by having unprotected sex with her. Or, to put it another way, not disclosing such a major risk factor made informed consent impossible for her sexual partners.