All accused people have a right to apply for bail. However, where the crime is very serious, for example rape, the law makes it more difficult to get bail – particularly where the accused knew that he was HIV-positive or had AIDS at the time of the rape. The minimum sentence for a person accused of rape who is HIV-positive, is much higher than the minimum sentence for a person accused of rape who is not HIV-positive.
(See: The Criminal Procedures Second Amendment Act (Bail law))