A prison officer, who accused her HIV positive boyfriend of exposing her to the deadly virus by deliberately having unprotected se-x with her, has withdrawn the charges before plea
The complainant of Khami Prison Complex in Bulawayo had taken her 38-year-old boyfriend to court on charges of deliberately transmitting HIV in contravention of section 79 (1) (a) of the Criminal Law (Reform and Codification) Act.
The accused of Sauerstown in Bulawayo last week appeared before Bulawayo regional magistrate Mrs Sibongile Marondedze and she remanded him out of custody to December 14 on $100 bail pending trial.
In her withdrawal affidavit dated December 6, 2016, complainant stated that she regretted her actions, saying she acted out of anger.
“I wish to withdraw this case because I was angry and hurt (when I reported the matter). I tested HIV negative and I have gone through a healing process and have forgiven him. I love my boyfriend and am willing to give him another chance,” she said.
The court heard that between August and November this year, the two lovers engaged in unprotected se-x on several occasions.
Accused started accusing complainant of cheating on him and contracting HIV from her alleged sexual escapades with other men.
Complainant suggested that they go for HIV testing.
On November 14, Complainant and accused went for HIV testing and counselling at a New Start Centre and the complainant tested negative.
Accused refused to get tested.
Accused told his girlfriend that he was also HIV negative since she tested negative and the two lovers continued to engage in unprotected se-x.
Sometime last month accused and his girlfriend went to a bar in the city centre for a beer drink.
Acccused got drunk.
Complainant took advantage of her boyfriend’s state to access his cellphone.
She stumbled upon messages on WhatsApp from accused’s ex-wife, his brother and a friend implying that he was on antiretroviral therapy.
According to the messages, accused’s ex-wife who is based in South Africa has been sending ARVs to him.
The complainant became suspicious and she confronted her boyfriend, demanding to know what sort of drugs he was taking.
The court heard that accused lied to his girlfriend, telling her that the drugs were for his erectile problem.
Accused insisted that he was not on ARVs but the complainant was not convinced and she reported the matter to the police.
On being arrested accused revealed that he was taking ARVs.