Unprotected HIV Sex Brings Prison Sentence
August 25, 2011 by UPI - United Press International, Inc.
BUFFALO, N.Y., Aug. 25 (UPI) — A New York man who had unprotected sex with five women including a 15-year-old even though he knew he had HIV has been sentenced to a year in jail.
Darryl Fortner, 20, of Buffalo, whose victims included a woman now pregnant with her second child by him, received five concurrent one-year jail terms Wednesday after pleading guilty to misdemeanor reckless endangerment charges, the Buffalo News reported.
Fortner admitted he was aware he carries the human immunodeficiency virus that leads to AIDS when he had sex with the women.
Prosecutor Andra Ackerman asked the judge to issue five protection orders barring him from trying to contact any of the victims until 2016.
The victims “no longer wish to have contact with him,” Ackerman told State Supreme Court Justice Russell P. Buscaglia.
Buscaglia said a key factor in the deal to allow a plea to misdemeanor rather than felony charges was the unwillingness of the five women to participate in the prosecution.
A probation officer investigating the case for a sentencing recommendation was only able to get one of the five victims to even talk about the case, Buscaglia said.