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It is difficult to prove because it is not easy to prove beyond a reasonable doubt that the defendant knew he was infected when the sexual intercourse took place, however, testimony from a doctor who was treating Robert Sylvester Kelly is damning evidence. It shows that, as far back as 2007, Robert Sylvester Kelly knew Robert Sylvester Kelly had a venereal disease. If it can be proven that Robert Sylvester Kelly knew, and that Robert Sylvester Kelly continued to have sexual intercourse, then the offense can be proven against Robert Sylvester Kelly.