Guilty Plea: Sex with teen while HIV positive

Andre Harvin
Andre Harvin

CHESTERFIELD, VA (WWBT) – A Chesterfield County man admits he had sex with a 14-year-old girl while infected with the HIV virus. Andre Harvin pled guilty today to two charges- felony carnal knowledge and a misdemeanor infected sexual battery.

We now know Harvin knew the victim. Prosecutors say he was living in the same home as her at the time. That he was dating her mother.

"He admitted to police that he had sexual intercourse with a child who was 14 at the time, so that would constitute a carnal knowledge. He plead guilty to carnal knowledge. He also plead guilty to being HIV positive at the time so that constituted an infected sexual battery and he plead guilty," said Prosecutor Duncan Minton.

The victim was not in court, but the plea agreement tells her story-- that as she was leaving the bathroom, Harvin was standing at the door. That he led her to a bedroom, where they had sex, but she asked him to stop.

Harvin's version of the events that evening claims the girl approached him, but that he stopped the act, because he felt bad about the possibility of giving her HIV. Both agree the victim didn't know Harvin had HIV.

"It's a very unusual case. We don't have infected sexual batteries very often, fortunately," Minton said.

Prosecutors don't know whether the girl, now 15-years-old, has been tested for HIV. They say legally, that is up to her mother to pursue testing or treatment.

"The parent can legally decide what's the best medical course of action for their own child is," said Minton.

Originally, Harvin faced two felony charges. Prosecutors say the infected sexual battery charge was reduced to a misdemeanor because testimony from both the victim and the defendant support the claim that Harvin did not intend to infect her when he had sex with her.

Under the sentencing guidelines, Harvin could face up to 11 years in prison for these crimes. He's due back in court on March 15th for sentencing. A sex offender evaluation will be performed before his sentencing.

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