You think of first-degree murder and you might visualize scenarios out of true crime television: Scott Peterson viciously killing his wife Laci and their unborn child and dumping their bodies in the bay, or the handsome and educated Ted Bundy killing dozens of beautiful college co-eds who helped him out because he feigned an arm injury. We may think of the words violent, brutal and inhuman. What if there is no blood though? No actual murder weapon? Now, in a landmark case out of Canada, a 52 year-old man is being tried for first-degree murder for knowingly transmitting HIV to his sexual partners.
In 1997, the defendant Johnson Aziga, a Ugandan immigrant, tested positive for HIV; however, despite this status, he did not have protected sex, nor did he alert his sexual partners of his condition. As most people know, HIV is directly responsible for causing AIDS. As the immune system become weaker, the infected patient is more vulnerable to acquiring a score of infections that may ultimately cause their demise. This is exactly what happened to two of the defendant’s ex-girlfriends; both succumbed to cancers that prosecuting lawyers feel were related to their HIV status.
In the prosecutor Tim Power’s opening statement, he stated, “One may immediately think of a violent rape scenario. That is not what this case is all about.” In order to get the jury’s mindsets to turn from images of violence and gore normally associated with first-degree murder, he noted that the defendant Aziga knowingly “put his partners at risk of serious bodily harm without their knowing.” To further demonstrate Aziga’s callousness in the matter, Power told the jury that even on the day Aziga was arrested he was having sex with yet another woman. Prosecutors have said that Aziga had unprotected sexual relations with 11 or more women, never once alerting them that he was HIV-positive. The defendant’s lawyer, Davies Bagambiire, stated, “It’s going to be a landmark case. This is the first time that a Canadian is prosecuted for alleged murder through the alleged dissemination or transmission of the HIV virus.”
Power and his team have produced evidence to the court that Aziga was well-aware of the repercussions of his selfish actions. Because of his positive HIV status, he had attended many sessions with counselors where he was educated on the risks associated with his infection, including how the disease is transmitted through unprotected sex. In addition, there were two health decrees issued to him that ordered him to always use condoms while having sex and to alert his partners of his HIV-positive status. He failed to do either. Not only did he refuse to use contraceptives or alert his partners, he flat out lied to one woman who asked him outright whether or not he had HIV.
Both of the women who died of AIDS complications because of the HIV they contracted from Aziga made statements for the trial before they succumbed to the disease. The first woman was a co-worker of Aziga who slept with him several times in 2001; she left a videotaped statement. The second woman also recorded her statement before she died. There are critics of the trial however, including several AIDS activists and the United Nations AIDS program. They feel that somebody should not be prosecuted for transmitting the virus because it could cause HIV carriers to be stigmatized even more than they already are. Also they feel that criminal cases offer up misinformation to the public about how the virus is transmitted and its associated risks.
译文:
加拿大艾滋谋杀案
一提到一级谋杀，你可能会想到电视剧中的犯罪场面：Scott Peterson恶意杀害妻子Laci及其腹中的婴儿并弃尸海湾；相貌堂堂文质彬彬的Ted Bundy假装手臂受伤，将多名帮助他的好心同学杀害。我们会联想到暴力、残忍和没有人性这些词。然而，没有血腥，没有凶器也能构成一级谋杀么？在加拿大出现了这样一个具有里程碑意义的案件，一名52岁的男子因故意将艾滋病病毒传播给数名性伴侣而被指控一级谋杀，正接受审判。
1997年，被告Johnson Aziga，乌干达移民，被诊断出HIV阳性。尽管如此，他没有采取保护措施，也未提醒他的性伴侣。众所周知，艾滋病病毒是导致艾滋病的罪魁祸首。随着免疫系统的衰退，患者很容易受到各种感染，直到生命走向终结。被告的两名前女友就发生了这样的状况，检察官认为她们二人患癌症都与感染艾滋病病毒有关。
在检察官Tim Power的开庭陈诉中，他说道，“人们可能会立即联想到暴力的强奸场景，但是这个案件并非如此。” 为了使陪审团的思维脱离传统暴力血腥的一级谋杀场面，他强调被告Aziga是故意“在伴侣不知情的状况下使其身体处于严重的损害危险之中”。为了进一步证明被告的冷漠无情，检察官提示陪审团：被告在被捕当日还与另一名女性发生关系。他说道，被告与11名或者11名以上女性发生过性关系，而且未采取任何保护措施，也从未提醒过对方自己患有HIV阳性。被告的律师Davies Bagambiire说道，“这个案件具有重要意义：指控被告故意传播艾滋病病毒并以谋杀罪对其提起诉讼，这样的案件在加拿大还是第一次发生。”
Power以及其小组成员向法庭提供的证据证明被告对其自私行为的后果是十分清楚的。被告因感染艾滋病病毒曾多次参加咨询会，从中得知该感染可能带来的危险，包括不采取保护措施的性行为对该疾病的传播后果。除此之外，他还两次收到卫生命令，要求他使用避孕套，并且要告知性伴侣他的病况。然而，他并没有遵守这一命令。不仅如此。他还在一位伴侣直接问他有没有艾滋病的时候撒了谎。
两位从被告处感染艾滋病毒的妇女在临死前都为审判作了证词。第一位妇女留下了录像证词，她是被告的同事，在2001年与被告发生了几次关系。第二位妇女也在临死前录下了证词。对该审判也有持反对态度的，包括一些艾滋病人权益保护者和联合国艾滋病规划署。他们认为不应该以传播艾滋病毒为由起诉艾滋病患者，因为这样会使得艾滋病患者受到更多的非难。而且，他们认为对此类案件进行刑事立案会给公众传递关于艾滋病毒传播及其危险的错误信息。