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A prostitute who is HIV positive and charged for having unsafe sex with a customer has been freed by a Taiwan court.
The court found the single mother not guilty upon hearing that she asked the client to wear a condom before performing the act.
It said the court could not deprive a person the right to have sexual intercourse.
"She had requested the customer to wear a condom and this has shown that she had no intention of spreading the virus. Thus, her act did not fit the specifications of unsafe sex.
"Although using a condom is not 100% safe, but before we discover a safer way, the court could not deprive a person's right to have sex," it said.
Last week, the High Court in Taizhong ruled that the woman was not guilty for a charge under the HIV Infection Control and Patient Rights Protection Act, China Times reported.
The woman with previous convictions on drug use was arrested for having sex with a man at a motel three years ago.
A test on her found that she was HIV positive.
She was charged for performing unsafe sex with others, which carries a jail term of five to 12 years.
The customer was later tested negative for HIV.
The court found the single mother not guilty upon hearing that she asked the client to wear a condom before performing the act.
It said the court could not deprive a person the right to have sexual intercourse.
"She had requested the customer to wear a condom and this has shown that she had no intention of spreading the virus. Thus, her act did not fit the specifications of unsafe sex.
"Although using a condom is not 100% safe, but before we discover a safer way, the court could not deprive a person's right to have sex," it said.
Last week, the High Court in Taizhong ruled that the woman was not guilty for a charge under the HIV Infection Control and Patient Rights Protection Act, China Times reported.
The woman with previous convictions on drug use was arrested for having sex with a man at a motel three years ago.
A test on her found that she was HIV positive.
She was charged for performing unsafe sex with others, which carries a jail term of five to 12 years.
The customer was later tested negative for HIV.
