Positive Pop Star on Trial
posted: 17/08/2010
The lead singer of Germany's best-selling girl band was in a young people’s court yesterday on charges of failing to tell three male partners she had HIV and of passing on HIV to one of them. She was just 17 when she discovered she was HIV positive and when the alleged offences begun.
Nadja Benaissa, 28, of the group No Angels, is accused of having had sex with three partners, a few times each, between 2000 and 2004, without informing them of her HIV status. One of the men got HIV.
Arrested before concert in blaze of publicity
Benaissa, who found out she had HIV a decade ago when she tested as part of routine health screening in pregnancy, was arrested in a blaze of publicity in April 2009 just before No Angels were due to appear on stage at a Frankfurt nightclub. She was handcuffed by plainclothes police, driven away in front of fans, then held in custody for 10 days.
Campaigners for the rights of people with HIV were highly critical of the public manner in which the arrest was made, calling it a "modern witch-hunt", and have accused prosecutors of a grave breach of privacy after they made public the fact that Benaissa had HIV.
Benaissa's is the first HIV trial in Germany in which a celebrity is in the dock.
Doubts about transmission
Giving evidence to the court, the unidentified 34 year old man who claims she infected him said: "We had sex between five and seven times, about three of those were unprotected."
Nadja Benaissa, who is accused of grievous bodily harm and attempted aggravated assault, told the court in Darmstadt that she had failed to tell her partners about her condition. The singer, said she had not meant to cause any of the men injury, having been advised that it was highly unlikely that she would transfer the virus to anyone with whom she had sex. "I never wanted this to happen to any one of my partners," she said.
In a statement by the singer, read to court by her lawyer, Oliver Wallasch, she added: "I'd been told the likelihood of infecting someone or that I would develop the illness was more or less zero. For that reason I kept the news even from my close group of friends [as] I didn't want my daughter to be stigmatised. I told the band members because I trusted them but I never made it public because I feared that it would mean the end of the band."
Wait for the expert scientific evidence
The five-day trial is due to hear from Professor Josef Eberle of Ludwig Maximilian University in Munich, who is expected to testify that the man may have been infected by someone else.
In England and Wales, prosecution guidelines say phylogenetic analysis must be carried out before cases come to court. It is exceptionally difficult now for prosecutors here to prove a HIV transmission case. If this case was in the UK, the prosecutors would have to prove none of the man’s other sexual partners could have given him HIV. We should wait to hear the evidence of the professor.
Witnesses in the trial, which has attracted scores of No Angels fans, are expected to include Benaissa's fellow band members, Sandy Mölling, Jessica Wahls, and Lucy Diakovska. A verdict is due on 26 August.
Under German law the crime of failing to disclose you have HIV to someone before having sex with them carries a prison sentence of between six months and 10 years.
Talking about HIV
Following the publicity about her HIV the singer has often talked publicly about it, including in a prominent speech to the Berlin AIDS Gala last November, in which she said: "I thought my life was destroyed, as well as that of my nine-year old, infection-free daughter."
But she has stressed that thanks to modern medicine "I am a completely healthy person, even if I'm HIV positive. I have a perfectly normal life expectancy."
No Angels, an all-girl band with four members, was discovered 10 years ago during a TV talent show when they beat 4,500 other hopefuls for the top prize. They went on to become Germany's most successful female band, often compared to Girls Aloud. Between 2000 and 2003 they sold 5 million records, including three No 1 albums and four No 1 singles, among them their most famous hit, Daylight in Your Eyes. The band broke up but reunited to take part in the Eurovision song contest in 2008, in which they came 23rd. They released a new album last summer.
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