I am regarding to the article on the Cambodia Daily: “AIDS Patient Accused of Paying Minor for Sex” on Monday, Nov. 10, 2008, p. 31. A 37-years-old man suffering from AIDS was arrested in Takeo province Thursday for allegedly having sex multiple times with a 14-year-old girl, has been charged with rape and violating the NAA law and he could receive between 10 to 15 years in prison if convicted.
I feel aggressive and sad to hear this news that perpetrator is AIDS patient and the young girl victim is juvenile. I think the minor victim layer has to clarify whether her age is under 14 or 14 years old. According to Article 5, Rape Law on the Aggravating Circumstances for Felonies says that “for under-aged 14 juveniles whether sex is consensual or non-consensual, to have sex, that is rape and the rapist is sentenced from 15 to 20 years old.” In addition, the AIDS patient perpetrator must be charge 10 to 15 years more by article 18 and 50 of the AIDS prevention law which say: “Prohibit someone who knows that he/herself carried HIV/AIDS and transmitted to someone by willing. This person is charged in jail from 10 to 15 years”
In my point of view, the punishing increase is also to warn the rumor of AIDS rich-patients who pay for several virgin young girls for sex without using condoms due to they believe that they might be recovered from AIDS disease if he can release his HIV and AIDS to several virgin girls by have sex.
According to the information from the court, why rape-victims always aged 14 but not under 14? Why don’t the court trial 2 times or charge and add the 2 laws at the same time? This is to show an example for AIDS patients or public awareness. Of course, we compared to punish to Heng Pov, ex-municipal police chief, 6 sentence times until upto 58 years in prison for convictions including intentional killing, illegal detention and possession of counterfeit currency [The Cambodia Daily article: “The Court Sets Date for Heng Pov’s Trial Over Alleged Conspiracy, Nov. 12, 2008] and why don’t the court charge AIDS-patient perpetrator with increasing punishment like Heng Pov? The court must be transparent to all victims, and not just political pressure.
While, I can share you an experience when I was in London in 2006 Summer time that BBC news broadcasted an AIDS-patient woman was sentenced into jail in UK due to transmit HIV virus to 2 men by sexual intercourse. How about the AIDS prevention law enforcement in
So, the AIDS-Patient perpetrator must be more punished by raping minor and compensated by 2 cases of rape and AIDS laws. It is not to late for the court to strengthen its body and I would also like to call for HIV/AIDS programmers and counselors to pay more attention into this issue by raising awareness of sexual violence, rape and AIDS prevention law among AIDS patients due to it is a serious tragedy in society, not only make the victim painful, loose face and future, but also kill anyone if she/he is infected by HIV.