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A test case has started in the Port Elizabeth High Court, in which a 36-year old man who allegedly raped his 11-year old niece and infected her with the HIV virus, is being charged with attempted murder.
According to court officials, this is the first time in the Eastern Cape that a suspect charged with rape, is additionally charged for attempted murder, because he infected the victim with the virus.
According to the state, the last time a man was convicted of attempted murder for the act of rape was in 2004 in Gauteng.
This was prior to an amendment to the Criminal Law Act in 2007.
