Citation

AIDS Policy Law 1996; 11(15): 3.

Copyright

(Copyright © 1996, Buraff Publications)

DOI

unavailable

PMID

11363735

Abstract

The Maryland Court of Appeals overturned the attempted murder conviction of Dwight R. Smallwood, an HIV-positive man, who sexually assaulted three women during an armed robbery spree. Although Smallwood knew he could transmit the virus, Chief Judge Robert Murphy stated that the prosecution failed to provide sufficient evidence that Smallwood intended to kill. Smallwood was sentenced to life in prison for attempted rape and received concurrent sentences of 20 years for robbery with a deadly weapon and 5 years for reckless endangerment. Steve Levy, Deputy State's Attorney, plans to draft legislation that would ensure that suspects who expose others to HIV would face murder charges. Had the court upheld Smallwood's conviction, anyone with HIV who engaged in unprotected sex could have faced charges of attempted murder.

Language: en