Virus Sufferer Jailed For Sex With Girl, 15 (Press, 13 July 1988)

On 13 July 1988, Raymond Anthony Ryder, a 21-year-old man suffering from the HIV virus, was sentenced to nine months’ imprisonment by Mr Justice Tipping in the High Court for unlawful sexual intercourse with a 15-year-old girl. This sentence is to be served concurrently with an existing one-year sentence for other offences. The court clarified that Ryder was not yet an AIDS patient but had the potential to develop the disease, underlining the serious medical implications of his condition. The case arose after the girl, who had gone missing from Ashburton, was located in Timaru. During their association, Ryder admitted to having sexual intercourse with her multiple times, fully aware of her age. As the High Court proceedings were instigated due to the nature of the offence and community protection concerns, Mr Justice Tipping pointed out the unusual feature of the case, which led to the District Court Judge referring it to a higher court for sentencing beyond his three-year limit. Ryder had a significant criminal record, including previous charges of driving while disqualified, and a report indicated that he had demonstrated irresponsible behaviour regarding his health and sexual relationships. Medical assessments showed his mental age was significantly lower than his actual age, which had implications for his understanding of the situation’s seriousness. Justice Tipping highlighted that while the law serves to protect individuals under 16 years, the circumstances of the case, particularly regarding the complainant's willingness, demonstrated complexities in the situational dynamics. Furthermore, the legal position stated that if the girl had been just a few months older, Ryder’s actions would not have constituted an offence, which presented a paradox in the legal assessment. As the trial unfolded, the court endeavoured to separate emotional reactions from the decision-making process regarding sentencing, noting that Ryder was not accused of any violent crimes or directly infecting another person with HIV. Thus, while the prosecution sought to address risks posed by Ryder’s conduct, his defence counsel asserted that the influence of media scrutiny had exaggerated the public concern around the case and misrepresented Ryder’s health status. Ultimately, Ryder was sentenced to a concurrent term for his unlawful sexual conduct, with Mr Justice Tipping emphasising the importance of fair application of the law and the need for mental health support during his incarceration and subsequent release. The judge also declined to suppress Ryder’s name, determining that public interest outweighed the arguments for anonymity. The case raised significant legal questions about age of consent, responsibility in the context of sexually transmitted infections, and the balance between community protection and fair sentencing in unusual cases.

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