Citation

AIDS Policy Law 1997; 12(22): 4.

Copyright

(Copyright © 1997, Buraff Publications)

DOI

unavailable

PMID

11364899

Abstract

The Texas Court of Appeals, 3rd District, upheld the conviction of an HIV-positive man charged with using his penis and semen as deadly weapons. Jose Fonesca Najera was convicted by a jury for aggravated sexual assault and indecency with a child and is currently serving life in prison. Najera had sex with the 16-year-old victim, known as Maria E, and forced a young boy living at his house, Oscar P., to have sex with her as well. During the appeal, attorney Carlos Garcia claimed that the State failed to prove that Najera knowingly and intentionally used a deadly weapon. The court overruled this stating that HIV is transmitted during sexual intercourse, that HIV causes the fatal disease AIDS, that Najera did not use a condom during sex with Maria E., and that Najera admitted knowing he had been HIV positive for seven or eight years. Although Maria E. was found dead in Najera's yard, he was not charged with her murder; Marie E. died of exposure. The District Attorney charged Najera with aggravated sexual assault instead of the murder because it was a stronger case.

Language: en