2 Years Jail in Hepatitis Case
posted: 21/11/2008
The first "guilty" judgement for passing on any sexually transmitted infection (apart from HIV) has happened in Cheltenham, Gloucestershire. The man was prosecuted for passing on hepatitis B to a woman partner during a one night stand. He was sentenced to 2 years jail and recommended for deportation. The Crown Prosecution service has tried to prosecute for hepatitis transmission before but failed.
Scientific proof doubts
However George House Trust needs a lot of convincing that the DNA does really prove he infected her to the exclusion of all other possible sources.
Expert virologist: science can't prove who infected who
An internationally respected virologist has confirmed that hepatitis B "is relatively stable in terms of genetic sequence, so you will never be able to confirm a transmission chain, but a difference in the virus would exonerate an individual." She goes on to say "I don't understand this [prosecution] since you can protect yourself against hepatitis B with vaccination, it is usually cleared from the body by the immune response, and if not, with treatment in, I think about half of the cases, it can be cleared."
This was a one night stand. It is at least possible another one night stand before or since was the real source of her infection. She may even already have had hepatitis B.
The Police and Crown Prosecution Service also claimed in the early HIV convictions that they had "scientific proof." This has since been proved to be no proof at all - in the case of HIV all they can say is how close the match is. Science can never prove person A infected person B with HIV. In the same way we now know that science can't prove "beyond reasonable doubt" who infected who with hepatitis either.
This man pleaded guilty - something any HIV-experienced lawyer would not advise. Because he pleaded guilty, the police's DNA evidence was not critically examined by any independent scientific experts at all.
The 2 year sentence is significantly less than the typical sentences for HIV transmission. But sentences are lower when people plead guilty and hepatitis B is a far less serious disease that many people completely recover from, and of which many others are cured. The recommendation that he be deported after serving his 2 years jail seems to George House Trust to be harsh in the circumstances. We believe the Crown Prosecution Service should not have prosecuted this case according to their own guidelines and policy.
CPS policy and guidelines ignored
As Edwin points out in his blog, the Crown Prosecution guidance and policy on prosecuting sexual transmission of disease say prosecutions are unlikely to take place as a result of one-off sexual encounters. However the prosecutor told the court that this was a one night stand.
The guidelines and policy also say scientific evidence must be used to show that the defendant infected the complainant, but that this alone cannot conclusively prove the responsibility of the defendant for the complainant’s infection. Any scientific evidence of a connection between the people's infections must always be corroborated. Guilty pleas are not enough.
It is most unsatisfactory that the clear CPS guidance seems to have been ignored by the local CPS office. This prosecution almost certainly would never have happened if the policy and guidance had been followed.
George House Trust and other HIV organisations are taking up these issues where we can.
Hepatitis B
Hepatitis B is very easily sexually transmitted (many times more easily than passing on HIV) and is quite common among gay men and others living with HIV. You can be vaccinated to protect you from hepatitis B infection. Ask at the HIV or STI clinic for this. You also need checks to see if you need a top-up jab every few years.
Information on hepatitis B for people living wih HIV
Here's the newspaper report
Man jailed for passing on hepatitis B
A man who had unprotected sex and knowingly gave a woman potentially life-threatening hepatitis B was jailed for two years. Ercan Yasar, 29, a Turkish restaurant worker from Cheltenham, Gloucester, knew that he had the disease and had been warned that he should always practise safe sex. The woman fell ill a week after a one-night stand with him. Detective Constable Paul Day, of Gloucestershire police, said the use of DNA to prove the source of the infection made it the first case of its kind in Britain. Yasar, who admitted inflicting grievous bodily harm on the woman, faces deportation on his release.
source
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