(a) knowing that he or she is infected with HIV; or (b) realising that there is a real risk or possibility that he or she is infected with HIV; intentionally does anything or permits the doing of anything which he or she knows will infect, or does anything which he or she realises involves a real risk or possibility of infecting another person with HIV, shall be guilty of deliberate transmission of HIV, whether or not he or she is married to that other person, and shall be liable to imprisonment for a period not exceeding twenty years. (2) It shall be a defence to a charge under subsection (1) for the accused to prove that the other person concerned— (a) knew that the accused was infected with HIV; and (b) consented to the act in question, appreciating the nature of HIV and the possibility of becoming infected with it. 80 Sentence for certain crimes where accused is infected with HIV (1) Where a person is convicted of— (a) rape; or (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; and it is proved that, at the time of the commission of the crime, the convicted person was infected with HIV, whether or not he or she was aware of his or her infection, he or she shall be sentenced to imprisonment for a period of not less than ten years: Provided that— (i) notwithstanding section 192, this subsection shall not apply to an incitement or conspiracy to commit any crime referred to in paragraph (a), (b) or (c), nor to an attempt to commit any such crime unless the attempt involved any penetration of any part of the body of the convicted person or of another person’s body that incurs a risk of transmission of HIV; (ii) if a person convicted of any crime referred to in paragraph (a), (b) or (c) satisfies the court that there are special circumstances peculiar to the case, which circumstances shall be recorded by the court, why the penalty provided under this subsection should not be imposed, the convicted person shall be liable to the penalty provided under section 65, 66 or 70, as the case may be. [Proviso inserted by section 31 of Act 9 of 2006.] (2) For the purposes of this section— (a) the presence in a person’s body of HIV antibodies or antigens, detected through an appropriate test, shall be prima facie proof that the person concerned is infected with HIV; (b) if it is proved that a person was infected with HIV within thirty days after committing a crime referred to in those sections, it shall be presumed, unless the contrary is shown, that he or she was infected with HIV when he or she committed the crime. Division E: Crimes relating to prostitution or the facilitation of sexual crimes 81 Soliciting (1) In this section “publicly solicits” means— (a) solicits in a public place or any place to which the public or any section of the public have access; or (b) solicits by publication of the solicitation in any printed or electronic medium for reception by the public. (2) Any person who publicly solicits another person for the purposes of prostitution shall be guilty of soliciting and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. 82 Living off or facilitating prostitution Any person who— (a) keeps a brothel; or (b) demands from a prostitute any payment or reward in consideration of the person— (i) keeping, managing or assisting in the keeping of a brothel in which the prostitute is, or has been, living for immoral purposes; or (ii) having solicited other persons for immoral purposes on behalf of the prostitute; or (iii) having effected the prostitute’s entry into a brothel for the purpose of prostitution; or (iv) having brought or assisted in bringing the prostitute into Zimbabwe for immoral purposes; or (c) demands from a prostitute any payment or reward in consideration for any present or past immoral connection with the prostitute;