I want to complain

I want to complain

If you are considering making a complaint against someone for HIV transmission, be sure it is your own decision and you are willing to go through with it.

Sometimes Terrence Higgins Trust talks to people who have been pushed into making a complaint by others, or who think they can make a complaint to 'punish' someone but withdraw it before it gets to court. Once a charge is made it can be difficult to go back, even if you want to and police can charge you with wasting their time in some instances.

You will need to be able to prove that you couldn’t have become infected any other way. Your sexual history will be investigated and possibly discussed in court. In addition, anyone with whom you had sex before your HIV diagnosis will have to be contacted, and blood samples taken, to rule out the possibility that they infected you. You will need to be sure you are comfortable with them finding out that you have HIV.

The police often promise anonymity to complainants in this kind of case. This is important, but since they don’t give that same anonymity to the person accused, sometimes this also identifies the complainant, particularly if newspapers cover the details of the case. You need to be sure you are okay with this as it can be difficult to walk away from the case once started – it is possible for the case to continue even if you refuse to be a witness at a late stage.

The process can be as distressing for you as the person accused, especially if it does not result in a conviction. It’s a good idea to make sure you have emotional support, or even counselling, if you go ahead with or are considering a case, either by asking THT Direct  for a referral or by going to your local HIV service using our Service Finder.

 

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The Information Standard: Certified member

This article was last reviewed on 31/10/2012 by T. Kelaart

Date due for the next review: 31/10/2014

Content Author: C. Murphy

Current Owner: C. Murphy

More information:

Policing Transmission, Terrence Higgins Trust & NAT (2008)

Policy for prosecuting cases involving the intentional or reckless sexual transmission of infection, Crown Prosecution Service