Accused of infecting drunken woman with HIV
'Accused could not be guilty of rape'
A Briton was yesterday charged with infecting a woman with HIV, the AIDS virus, when he raped her at her house last Sunday.
The 41-year-old man, who is not being named to protect the identity of the victim, had been invited together with his girlfriend to the British woman's house, which she shares with her boyfriend, Police Inspector Louise Calleja told the court.
The officer said that according to the statements made to the police by the victim and her boyfriend, she and the alleged rapist were both drunk and she thought he was her boyfriend. Although the act might have been consensual because of her state of intoxication, she knew he was HIV positive and would never have consented had she been sober.
Defence lawyer Claudio Zammit argued that his client could not be guilty of rape, especially because the victim's boyfriend was in the same house. "How could he have committed the act," he asked.
The prosecution countered that there were two consistent police statements and that the police had started a criminal inquiry.
Magistrate Anthony Vella decided to remand the man in custody after taking into consideration the seriousness of the alleged crimes.
Police Inspector Elton Taliana also prosecuted.