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No Angels Singer Nadja Benaissa Found Guilty in HIV Trial

Nadja Benaissa, singer of the German girl band No Angels, sits in a courtroom in Darmstadt, Germany, Wednesday, Aug. 25, 2010. AP Photo/Boris Roessler, pool

NEW YORK (CBS/AP) A singer in a German girl band broke down into tears Thursday after a court convicted her but sentenced her to no jail time for causing bodily harm to her ex-boyfriend by having unprotected sex with him despite knowing she was infected with HIV.

Nadja Benaissa, 28, was given a two-year suspended prison sentence and 300 hours community service after she was convicted in an administrative court in Darmstadt, Germany. She faced a possible 10 years behind bars.

Pictures: Nadja Benaissa

The court ruled that Benaissa had infected a former boyfriend with the virus that causes AIDS by having unprotected sex with him.

Benaissa acknowledged during the two-week trial that she had unprotected sex despite knowing she was HIV-positive and said it was a mistake.

In an emotional statement she told the court she was "sorry from the bottom of my heart," adding that she had realized how much her ex-boyfriend was still suffering.

"When I was arrested I realized that the way that I had dealt with the illness had been wrong ... I made a big mistake," her lawyer quoted her as saying in a statement read out to the court on Aug. 16, according to the AFP.

"I wish I could turn back time and make everything undone," she told the court. "But I know that he will never forgive me."

The man who claimed Benaissa infected him said they had a three-month relationship at the beginning of 2004 and that he got tested after Benaissa's aunt asked him in 2007 whether he was aware that the singer was HIV-positive.

Benaissa said she didn't tell anybody about her disease because she was afraid of the consequences - which she described during the trial as a "cowardly act."

During the trial, microbiologist Josef Eberle, who examined the viruses of both Benaissa and her ex-boyfriend, told the court "in all probability" the singer was responsible for infecting the 34-year-old man with the virus that causes AIDS.

Both were suffering from a very rare type of the virus that was first found in western Africa, he said.

Benaissa told the court she became addicted to crack cocaine at 14 and that during her pregnancy at 16, she found out that she was HIV positive.

After winning a TV talent show, "Popstars," in 2000, she joined the band No Angels with four other young women and hid her illness from everyone.

No Angels sold more than 5 million albums before breaking up in 2003.

Along with three other members from the original band, Benaissa helped re-form the group in 2007. They performed to a disastrous result in the 2008 Eurovision song contest, coming in 23rd out of 25 contestants.

No Angels were heading into a concert in Frankfurt in April 2009, when Benaissa was taken into custody and kept for 10 days - a move that a German AIDS awareness group criticized as disproportionate.

The Deutsche AIDS-Hilfe group argued her partners also carried a share of the responsibility for becoming infected, and criticized the verdict.

"If the responsibility for prevention is put entirely upon women and HIV-positive people, we are not recognizing the combined responsibility of two people," said spokeswoman Marianne Rademacher.

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