A man who knowingly infected a woman with HIV because ‘he didn’t want everyone in town knowing’ he had the virus has been sentenced to four-and-a-half years behind bars.
Luke Davis, 31, engaged in unprotected sex with his victim, who cannot be named due to legal reasons, without disclosing that he was HIV positive and had ceased taking his medication.
The woman only discovered she had contracted HIV following a routine screening in 2021 and reported the incident to the police, suspecting that he had put her and others at risk of the virus. Davis was found guilty of recklessly infecting another person with HIV and unlawfully and maliciously inflicting grievous bodily harm last October.
Today (Monday), he received his sentence at Hereford Justice Centre, where a judge condemned his “utterly irresponsible” behaviour. In his sentencing remarks, His Honour Judge Jackson noted an element of “premeditation” on Davis’s part.
Judge Jackson explained to the court that this was due to Davis choosing not to inform the complainant about his HIV status, despite medical professionals advising him to disclose it. The judge stated that the defendant “disengaged completely” from his medication and “repeatedly failed” to attend his appointments, fully aware of the risks of transmitting the infection.
He characterised Davis’s actions as “selfish” and remarked that his remorse “came into existence very late in the day”. The judge added: “You behaved utterly irresponsibly.”
The court heard that Davis, from Kidderminster, Worcs. , was aware of his HIV positive status when he had sexual intercourse with the complainant, but did not tell her as he was worried “everyone in town” would know.
Davis had “sporadically” stopped taking his medication and attending the HIV clinics after a family bereavement, but that he wouldn’t have sex if he missed a tablet – an explanation rejected by the judge.
Davis told the court that he didn’t think he was at risk of passing on HIV to the complainant or other people he had sex with as he thought his viral load was “undetectable”.
At the sentencing, the complainant read a victim impact statement and said the actions of Davis had left her “distraught” and suffering from anxiety, depression, insomnia and “recurring nightmares”.
The victim, who described the diagnosis as a “life sentence”, told the court: “Living with HIV has drastically affected my physical health and my everyday life.”
She added: “I will always be grieving for the person I could have been.”
In a statement released by police previously, the victim added: “Luke has never had to face the consequences of his actions, nor has he ever taken responsibility for what he has done.”
Today he has had to face up to his crime and has been held accountable, not only for his actions but also for all the pain and suffering he has caused me.
“He has left me with a life sentence – I have gone from being healthy to living with a lifelong disease, HIV, which I now must accept and manage as a disability through no fault of my own.”
This diagnosis and the stigma attached to HIV has profoundly impacted my physical and mental health.
“It has left me with significant trust issues – feeling anxious and isolated, and it will continue to shape my life forever.”
Giovanni D’Alessandro, from the Crown Prosecution Service, commented after the case: “This was a reckless and selfish individual who has caused irreparable damage by his actions. Luke Davis had been on the appropriate medication and knew he had to take it every day and have regular check-ups.
“His medication reduced the viral load to such a low level that it was controlled and could not be passed on. It was his choice to stop taking it and to stop attending clinic appointments. He further failed to inform the victim of his diagnosis and recklessly put them at risk of contracting the disease which they subsequently did.
“The prosecution was able to prove to a jury that Davis’ actions were criminal. The victim now faces the lifelong impact of living with HIV. We hope the sentence imposed provides some measure of justice to the victim and dissuades others from this type of dangerous and reckless behaviour.”
Detective Superintendent Gerard Smith, of West Mercia Police, previously stated that the case was the first of its kind for the force. He added: “Today’s court result is hugely important for the victim, who will continue to receive medical treatment for the rest of their life, as a direct result of Davis’ reckless behaviour. I would like to praise the victim for their remarkable courage in reporting Davis to police and their ongoing bravery. Shown during what has been a complex and sensitive investigation.”