AIDS: THE LOST VOICES
Verdict: Guilty - Stephen leaves court awaiting sentencing
In this episode, we examine two notable cases of what has been termed 'HIV reckless transmission,' an aspect of Grievous Bodily Harm (GBH) where an individual transmits HIV to another without disclosing their status.
Stephen Kelly, who, in 2001, became the first person in Scotland and Great Britain to be convicted after a trial for passing HIV to a casual girlfriend. This case marked a significant moment in the legal landscape surrounding HIV transmission, demonstrating the complexities and sensitivities involved.
During the trial, the judge remarked that the case relied on “pitiful evidence," highlighting the inherent difficulties in establishing a clear connection between the accused's actions and the transmission of the virus. This raises broader concerns about the implications of such convictions on public health. Individuals living with HIV may feel a heightened sense of fear and stigma, potentially dissuading them from being candid about their status or seeking proper medical care. Furthermore, the anxieties around criminal prosecution could deter others from getting tested altogether, fearing legal repercussions instead of focusing on their health and wellbeing.
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Stephen Robert Kelly, born in 1968, led a life marked by personal and legal turmoil. He faced a trial that cast a long shadow over him, with the jury convinced that he had recklessly transmitted HIV to a casual girlfriend. Such cases provoke discomfort not only within the legal system but also for those living with similar health conditions, raising questions about responsibility and stigma.
After his release, Stephen seemingly retreated to a quieter existence in Glasgow, where he lived until his untimely passing at the age of 55 on 11th October 2023. He was cremated on 8th November 2023 at Lambhill Crematorium. Stephen is survived by his two children and grandchildren, leaving behind a complex legacy intertwined with the challenges of health, accountability, and family.
Anne Craig
After a search, we were unable to locate or establish the circumstances surrounding the whereabouts of Anne Craig and Sarah Jane Porter. Despite thorough investigation efforts, the details remain elusive. We recognise the importance of these cases and may revisit them in the future when time allows, as our ongoing research necessitates a focus on other episodes for the moment.
Sarah-Jane Porter
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