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A 5-year-old girl is undergoing treatment for possible HIV
infection after the man charged with raping her -- an
illegal alien who was previously deported to Mexico --
admitted he has the virus, authorities said.
The case has re-energized some state lawmakers to push for
tougher penalties for people who commit sex crimes and
knowingly expose their victims to HIV, the virus that causes
AIDS.
Julio Cesar Cruz Martinez, 32, of Fairhope is being held in
a segregated unit at the Baldwin County Corrections Center
on charges of first-degree rape, sexual abuse and sodomy, a
jail official said Wednesday.
Police said Martinez has confessed to some of the acts
involving the girl and to knowing he had HIV before the
crime reportedly occurred Sept. 13.
Officers notified the family immediately after Martinez
disclosed his infection, sheriff's spokesman Lt. John
Murphy said.
"The child has been taken to medical services, where
she has been tested and is being given treatment to reduce
the risk of the HIV virus," Murphy said Wednesday.
HIV is a virus that destroys the body's ability to
fight off illness and is the cause of AIDS. People infected
with the virus do not have AIDS until they develop serious
symptoms, but they are capable of transmitting the virus
through sexual intercourse, according to the AIDS.org Web
site.
Martinez has undergone HIV testing at the corrections center
to confirm whether he has the virus, Murphy said. The lab
results are pending and may not be released publicly, he
said.
Deputies had questioned Martinez's identity, since he
did not provide valid identification.
Temple Black, spokesman for U.S. Immigration and Customs
Enforcement, said Wednesday that Martinez is an illegal
alien who has been deported to Mexico at least once. The
department placed an administrative hold on Martinez --
requiring him to remain jailed -- after identifying him by
photo and fingerprints, Temple said.
If convicted of the rape and other charges, Martinez would
serve his sentence in the U.S. before being returned to
Mexico, he said.
Baldwin County District Attorney Judy Newcomb said this week
that her office was looking into whether Martinez should
face additional charges for knowing he had the virus when he
allegedly raped the girl.
Newcomb said such crimes typically fall under assault or
endangerment statutes, and she doubted that Alabama had a
statute to enhance charges against someone who knowingly
exposed another to HIV or AIDS.
Many U.S. states have laws making it a separate crime for
someone to knowingly expose someone to the virus during a
criminal act. But no such legislation exists in Alabama, a
researcher with the Secretary of State's office
confirmed Wednesday.
State Sen. Bradley Byrne, R-Montrose, said he agrees Alabama
needs laws that would make it a crime for someone to
knowingly expose another to the virus while committing a
crime, particularly in cases involving children. Byrne said
he plans to push for tougher laws in the next legislative
session.
State Public Health Officer Don Williamson said Alabama
needs tougher laws to criminalize known HIV exposure, but
lawmakers should be careful not to dissuade people from
getting tested for the disease.
"The known exposure of another party by somebody who is
HIV infected, without warning them or taking precautions, is
immoral and reprehensible. We need to figure a way to deal
with that," Williamson said.
Lawmakers should be careful to create rehabilitative options
for drug addicts and others at high risk to HIV infection,
so that get-tough laws don't discourage them from
getting tested, he said.
"For some people, ignorance of the law is an
excuse," Williamson said. "If they never find out
they are infected then they can't be charged with
knowingly exposing somebody."
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