When prosecutions fail

Most often, cases are dropped because it becomes clear on investigation that more than one person could be the source of the infection, or more than one route. Police should examine the complainant’s medical history and sexual history to check this. Blood samples from both parties (which should be checked at an early stage of the investigation) may also rule out the accused.

Sometimes it is not possible to prove which of the people concerned had the virus first, and sometimes it becomes clear that infection took place before the accused knew they had HIV. It is not possible to prosecute someone in England who didn’t know they had it when they transmitted HIV. In Scotland, it may be more difficult to prove that a person had been reckless if they didn’t know they had HIV when they passed the virus on.

However, these investigations can take a long time, especially when there are inexperienced police or prosecutors managing the case. These delays in themselves can cause a lot of distress and if they are poorly managed can lead to inadvertent disclosure. A good defence solicitor will engage with the police to minimise this. 

The Crown Prosecution Service (CPS) in England and Wales are supposed to refer all such cases to a senior officer but again, local offices sometimes need to have their own guidance pointed out to help them resolve things. If you feel a case is being wrongly drawn out, seek advice from THT Direct or your solicitor.