Albrecht Simon, an official at an administrative court in Darmstadt, said the 26-year-old pop star would be spared imprisonment “under certain conditions” while the investigation continues.
Prosecutors had originally wanted to keep Benaissa in jail, arguing she posed a threat to the public because she had allegedly had unprotected sex with several men without telling them she was HIV positive.
But the police and prosecution have since been pilloried in the German media and by legal experts, who pointed out that her high-profile arrest negated their argument since the entire country now knew she was infected with the virus that can lead to AIDS.
Benaissa could face charges of grievous bodily harm should prosecutors prove that one of her lovers between 2004 and 2006 contracted HIV while unwittingly sleeping with the singer.
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