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Stabroek News

Sex lies
published: Wednesday | June 22, 2005

THE EDITOR, Sir:

IN REGARD to your lead stories of Sunday June 19, 2005, 'DEADLY SECRETS' Sex, lies and lethal ties , is not it time we had a law in Jamaica making it a crime to knowingly putting another at risk of contracting HIV/AIDS? Myreasons are as follows:

A person who does an unlawful act, or fails to discharge a legal duty, thereby endangering the lives, safety, or health of the public, or causing physical injury to any person, commits a "common nuisance." It is an indictable offence to administer a poison or "any other destructive or noxious thing" to a person. It is an assault to "apply force intentionally" to another person without their consent. There is no legally valid consent where a person submits or does not resist by reason of "fraud."

SERIOUS PENALTIES

Attempting murder is an indictable offence carrying a maximum penalty of life imprisonment. A person is guilty of attempted murder if they do something with the intent of causing another's death, or with the intent of causing bodily harm that they know is likely to cause death and show reckless disregard as to whether death ensues from that act or not. It does not matter if it was actually impossible for the act to cause someone's death.

A person is "criminally negligent" if, in doing anything or omitting to do anything that it is their duty to do, the person "shows wanton or reckless disregard for the lives or safety of other persons." If the negligent conduct caused bodily harm to anotherperson, this is an indictable offence.

I am, etc.,

COTTRELL HYATT

chyatt@postmaster.co.uk

London

Via Go-Jamaica

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