The Idaho Supreme Court has upheld the 2006 conviction of a Moscow man who had unprotected sex with women despite his knowledge that he was HIV positive.
Kanay Mubita, 33, was found guilty on 11 counts of transferring bodily fluids that may contain the virus that causes AIDS after a number of women testified at trial that they had unprotected sex with him. He was sentenced to 44 years in prison.
In his appeal, Mubita claimed the court was wrong in denying his motion to suppress certain medical evidence and wrongfully admitted two laboratory reports concerning his HIV status. Mubita also challenged a jury instruction as a violation of his rights to due process.
However, the high court determined Mubita created a “clear and immediate danger to public health”, and his records were subject to release during the criminal investigation since he voluntarily provided the information to the Idaho Department of Health.
The court agreed the lower court made an error by admitting two lab reports at trial, but the higher court ruled that even without the reports, other evidence presented at trial still would have resulted in conviction.
The high court also concluded that the jury instruction was a question of law that was not violated.
