A Wilmette man has been accused of knowingly transmitting the HIV virus to three women he dated, according to reports.
According to a June 10 Skokie Police Department news release, the Cook County State's Attorney's Office, on July 7, approved three counts of criminal HIV transmission, which is a Class 2 felony, against the man.
"These charges were the result of an ongoing investigation regarding events which occurred in Skokie beginning in July 2016," said the release.
Bail was set for $150,000 for the man, Chicago Tribune reported. If convicted, he faces three to seven years in jail per charge.
The man's defense attorney said in court that his client been taking antiretroviral medications that would have made it impossible for him to transmit the HIV virus to others. If the man was indeed virally suppressed, prosecutors may have a difficult time proving that he intended to transmit the infection, said Scott Schoettes, HIV project director at Lambda Legal.
Schoettes noted that the 2012 change to Illinois' HIV criminalization statute requires prosecutors to prove that an individual intended to pass along the infection. Viral suppression greatly reduces the risk of transmission.
"If they are taking a medication that would have made it impossible to transmit HIV, then, in my mind, it would be unlikely that he would be trying to transmit the infection to other people," Schoettes said.
Ramon Gardenhire, vice-president of policy for AIDS Foundation of Chicago ( AFC ), said that such a case is "an issue of concern for both AFC and others in the HIV sector."
He pointed out that such prosecutions ultimately go against ideas set forth in the National HIV/AIDS Strategy for the United States, which says that such actions counter-balance efforts towards HIV prevention, and give individuals an incentive not to know their HIV status.
"It's extremely worrisome and definitely send us in the wrong trajectory," he said. "The stigma associated with these prosecutions is counter-productive in getting people to get tested, and getting HIV-positive people onto the continuum of care."
Gardenhire also noted that the Wilmette man was a person of color and added, "These laws disproportionately affect persons of color, even as that community is most disproportionately affected by new infections."
Tom Yates, executive director of Legal Council for Health Justice, added, "We don't have all the facts, but it is very possible he was doing everything he could to prevent spreading HIV. We do not think that the law reflects the current state of HIV treatment."
The Wilmette man returns to court next week.
Chicago Tribune's article is at trib.in/2dMQIEj .