A Malaysian man in his mid-twenties had sexual relations with his girlfriend and a man within six months, disguised this information while donating blood, and was HIV positive after blood testing.
After admitting guilt, he was accused and sentenced to three months and two weeks in prison. The judge ordered that the defendant’s identity be protected and that the media not release any material that could reveal his identity.
The defendant had sexual contact with his girlfriend in February 2020, and then with a male in August of the same year, according to the evidence given in court. The defendant went to donate blood two months later, on October 8, 2020. He covered the fact that he had sexual intercourse with more than one partner, as well as with a male. Despite being warned by Ministry of Health healthcare personnel that he could be prosecuted if he concealed any information, the defendant still answered “no.” The medical staff also warned him that if he believed his blood should not be donated, he might notify the authorities.
The defendant did not change his responses on the questionnaire and after that donated blood. During blood testing, however, the Ministry of Health discovered that he was HIV positive. He was interviewed in November of the same year, and only then did he admit to having sexual contact with his ex-girlfriend and a male.
The Infectious Disease Center’s personnel then reported the incident to the Ministry of Health, and the defendant was charged with breaking the Infectious Diseases Act. After pleading guilty today (May 3) in the National Court, the prosecutor representing the Ministry of Health asked the judge to sentence the defendant to three months in prison and an RM10,000 fine, citing the defendant’s actions as having the potential to undermine public confidence in blood donation activities.
Victoria Tay, the defendant’s defense lawyer, appealed on his behalf, disclosing that the defendant has been unable to find a job in Malaysia for the previous two years due to his foreign status and infectious condition. Currently, he has depleted his savings and must rely on the meager economic assistance provided by social workers to live. She begged the judge not to levy a fine.
After evaluating the facts, the judge sentenced the defendant to three months and two weeks in prison, citing his cooperation and honesty following the discovery of the crime. On May 3, 2023, he began serving his sentence.
