Act 9 Penal Code Act 2008 commits the offence of deliberately transmitting HIV/AIDS, whether or not he or she is married to that other person, and upon conviction, shall be sentenced to imprisonment for a term not exceeding fourteen years or with a fine or with both. (2) It shall be a defence to a charge under subsection (1), above, for the accused to prove that the other person concerned— (a) knew that the accused was infected with HIV/AIDS; and (b) consented to the act in question, appreciating the nature of HIV/AIDS and the possibility of becoming infected with it. 263. Sentence for Certain Offences where Accused is Infected with HIV/AIDS. (1) Where a person is convicted of— (a) rape; (b) aggravated indecent assault; or (c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person’s body that incurs a risk of transmission of HIV/AIDS; and it is proved that, at the time of the commission of the offence, the convicted person was infected with HIV/AIDS, whether or not he or she was aware of his or her infection, he or she commits an offence, and upon conviction shall be sentenced to imprisonment for a term not less than ten years. (2) For the purposes of subsection (1), above— (a) the presence in a person’s body of HIV/AIDS antibodies or antigens, detected through an appropriate test, shall be prima facie proof that the person concerned is infected with HIV/AIDS; 137