HIV in the News
Criminal charges have been dropped against a Chicago suburban fitness trainer who last year was accused of criminal transmission of HIV.
Prosecutors for the Cook County State's Attorney Office, on April 20, have stated they will be dropping charges against Jimmy Amutavi, the man who last year was charged with three counts of criminal HIV-transmission. In the state of Illinois, this is a class 2 felony.
According to three women, Amutavi had sex with them and did so without a condom. They also claimed he did not disclose his HIV status.
Mr. Amutavi has long been on a Treatment as Prevention ( TasP ) medication program and his viral-load is suppressed, stated Mr. Amutavi's attorney, Jon Erickson.
Medical studies show that an HIV-positive person with a suppressed viral-load is extremely unlikely to transmit the virus. In a 2016 study involving 1763 HIV-positive individuals, which as published in the New England Journal of Medicine, results demonstrated no incidences of HIV-transmission once a person’s viral load became totally suppressed.
Criminal law experts and rights-advocates question why and how a person accused of criminal HIV transmission would try to pass the virus along while taking anti-retrovirals. That idea allows for a defense in Illinois law, which states that transmission must be intentional in order for it to be a criminal act, according to Mr. Erickson.
In a statement made to the press, Erickson said:
“It is clear that my client did everything possible to prevent transmission of HIV by taking anti-retroviral meds, and I am tired and angered that I must continue to defend people who are publicly prosecuted for merely having a manageable disease,” said Erickson . “You simply cannot have the criminal intention to transmit a disease when that disease cannot be transmitted.”
He also stated that the prosecutors in the case met with an HIV-specialist at an Evanston, Illinois based hospital in order to obtain the most up-to-date information before moving forward with Amutavi's case.
In the state of Illinois, this is a class 2 felony
“I congratulate the State's Attorney's Office for their open-minded willingness to listen to my arguments and to make the considerable effort to educate themselves on the medically accepted fact that HIV cannot be transmitted when the viral load is suppressed or undetectable,” Erickson added. “Justice was served here.”
Amutavi told local LGBTQ newspaper, Windy City Times, “I'm thankful to my attorney for fighting for me, and to the prosecutors for recognizing that I am innocent. I'm relieved for myself and my family. I'm just looking forward to moving on with my life.”
Gay Pop Buzz spoke to Scott Schoettes, HIV Project Director with Lambda Legal about Amutavi’s case, who shared the following:
“Lambda Legal is thrilled the new State’s Attorney recognizes that to be convicted under this statute since it was amended in 2012, a person must intend to transmit HIV. Because that is an exceedingly rare thing—to want to harm another in this way—prosecutions under this law likely will disappear completely in the coming years.”
Schoettes—who helped connect Mr. Amutavi to the criminal defense attorney who ensured his freedom—says that others who find themselves in situations similar to Mr. Amutavi should call or email Lambda Legal Help Desk for assistance.
Contact information is available on their website
