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Chapter 10
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Bail and sentencing for rape accused with HIV/AIDS

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))