A man faces a charge of criminal exposure to HIV after his wife contacted his mistress and told her that he had tested positive for the virus, according to a Red Bank arrest report.
Hector Martinez, 32, of Red Bank tested positive for HIV-1 antibodies in November 2010, the report states.
Crisit Rojas told an investigator at the time of the complaint in July 2011 that she had sex with Martinez without using protection numerous times during the preceding three to four months.
Rojas said that she learned Martinez was HIV positive after his wife, Kimberly Jackson Martinez, told her and provided paperwork.
Rojas told police she went to get tested and her results came back negative for the virus.
In August, Jackson Martinez was in court when the detective, Michael Ray, asked her to contact him about this case. It's unclear why it took the department two years to arrest Martinez.
On Aug. 27, Martinez's wife provided paperwork to police showing that Hector Martinez had tested positive. An October 2012 letter showing that Martinez was undergoing treatment for HIV also was provided to authorities.
Criminal exposure to HIV is a class C felony.
Martinez was arrested Friday and had a bond set at $25,000. He is scheduled to appear before Red Bank Judge Johnny Houston on Monday. As of Tuesday afternoon, Martinez remained at the Hamilton County Jail.
Sentences can range from three to 15 years depending on previous criminal history, with a maximum fine of $10,000.
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