Gay Aussie Convicted of Trying to Spread HIV

by Kilian Melloy

EDGE Staff Reporter

Thursday July 31, 2008

An Australian court found a HIV-positive man guilty of 15 charges stemming from deliberate attempts to infect other people with the virus.

The Australian newspaper the Sydney Herald Sun reported in a July 31 article that Michael John Neal, a 49-year-old man from Coburg, had been found guilty that same day on 15 out of a total of 39 charges, including rape and attempting to infect people with HIV.

The court found Neal innocent of 11 other charges, including accusations that he spread the virus knowingly to two others who did become infected.

Evidence presented to the court over the course of Neal's month-and-a-half-long trial included the claim that the accused had convened sex parties where the intent was to infect HIV-negative people. The court was also told that as part of the attempt to spread the virus, Neal sported a piercing on his genitalia.

The newspaper account said that several of those who testified told the court that they had had unprotected sex with Neal, and that he had not warned them in advance that he was HIV positive.

The prosecutor, Mark Rochford, also claimed that Neal had boasted about "get[ting] off" by exposing HIV-negative partners to the virus; Rochford also said that Neal had made a claim to have infected 75 people.

But Neals lawyer, George Georgiou, told the court that Neal had taken the proper precautions to protect others. The defense lawyer also claimed that because Neal's viral count was low, Neal thought the risk of transmitting the virus was not a concern.

The government's Department of Human Services began keeping tabs on Neal following a 2001 report from Neal's physician, who notified the department that Neal was sexually active. The department subsequently sent several letters to Neal over the course of the next five years, and his physician also counseled Neal about the need to be sexually responsible, the article said.

Said Detective Sgt. Eric Harbis of the trial and the verdict, "It certainly sends a message that this sort of behavior was not tolerated," and added that investigators were satisfied with the outcome even though many of the charges were also dropped.

Said Harbis, "There would be a degree of disappointment to some extent, but overall we are very happy with the result. It was a team effort."

Added the officer, "I commend the many victims and witnesses that came forward who had to recount some very private parts of their lives, which they did in the public arena, and should be commended."

Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.