In Virginia it is a misdemeanor to have HIV, syphilis or hepatitis B and not inform someone of it prior to having sex with that person.
Herman Boykin of Chesterfield has been charged with the crime and his former fiancé, who wishes to remain anonymous, claims she was the victim who reported it.
"It got to the point where I had to know and I had to protect myself," she said.
The former fiancé said she made a disturbing discovering about her life partner to be and that’s what prompted her criminal complaint. She told police she found hidden medication belonging to Boykin that is used to treat HIV and AIDS.
"You cannot look at someone and say oh they're sick or they have this disease, I never suspected it at all,” she said.
She claimed that Boykin denied being HIV positive but put off having a test to prove it after she had requested it. So she called Chesterfield Police who she claimed immediately subpoenaed his medical records.
"The detective phoned me and told me that he was going to take out a warrant for his arrest and he was in fact HIV positive," she said.
Boykin’s former fiancé shared her story because she worries there could be other women who have been exposed and perhaps don’t know it or are unaware they have the right to bring charges. Legal expert contend the charge rarely ever appears in court.
"The statute has been around for ten years and you hardly ever see it used," said CBS 6 legal analyst Todd Stone.
Stone said the statute, like most criminal laws, focuses on a threat to the public; the same theory that punishes driving under the influence or carrying a gun illegally. In this case it’s spreading a potentially deadly disease.
"Most criminal offenses deal with putting other people at risk, this is no different," said Stone.