H ow should the criminal law respond to those who pass on sexually transmitted infections STIs? The answer to this question has become more pressing in light of the conviction of David Golding , who pleaded guilty at Northampton crown court to causing grievous bodily harm by passing on genital herpes to his former partner, Cara Lee. In the case of Mohammed Dica in , the court of appeal held that for a person to be liable for recklessly causing serious bodily harm by passing on the virus he must have known his HIV positive status at the relevant time. The following year, in the case of Feston Konzani , the same court explained that while a partner’s consent to the risk of transmission was a valid defence, that consent had to be of an informed kind in effect requiring prior disclosure. These and other convictions have caused consternation in the community of people living with HIV, legal academics and the national organisations including the National Aids Trust and the Terrence Higgins Trust which represent their interests. While there is widespread acknowledgement of the importance of practising safer sex and disclosing HIV-positive status to sexual partners, there is similarly widespread international concern from, for example, UNAids , IPPF and the Open Society Institute about the adverse public health impact of deploying the criminal law as a response to transmission and the potential for miscarriages of justice. Such concerns have resulted in a high-level global commission on HIV and the law and, more locally, the publication of guidance by the Crown Prosecution Service for England and Wales in , the aim of which was to explain the factors that prosecutors should take into account when deciding whether or not to pursue a case. Among other things it highlighted the fact that scientific evidence alone is not conclusive and that practising safer sex would make establishing recklessness difficult. In its words:. The guidance is not HIV specific and applies to all cases involving alleged STI transmission, including infection with herpes, gonorrhoea, syphilis, chlamydia, hepatitis etc.
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DearAbby: I am a year-old woman, attractive and lonely. I am uncomfortable using dating sites because I have genital herpes. I was infected by my first husband more than 40 years ago. If I were to meet someone on one of those sites, when would be the right time to reveal my problem? After we have gotten to know each other? Or should I be up front about it and say something when we first meet? Dear Unsure: Herpes is an infection, not a scarlet letter.
Many people carry the virus, and a surprising number of them are not aware they have it and can infect others.
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I am uncomfortable using dating sites because I have genital herpes. I was infected by my first husband more than 40 years ago. If I were to meet someone on one of those sites, when would be the right time to reveal my problem? After we have gotten to know each other? Or should I be up front about it and say something when we first meet? Many people carry the virus, and a surprising number of them are not aware they have it and can infect others.
Because you are hesitant about when to reveal your status, please visit the ASHA website ashasexualhealth. You will find it informative. It includes a section on relationships, suggestions about when to tell someone, how to talk to a partner, reactions to expect, etc. Another website that has been mentioned in my column before is H-Date.
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Reprinted with permission from DatingWithHerpes. Do NOT share this email address with any of your non-herpes friends. They will tell you whether or not the person or what they are recommending is legitimate. Please carefully follow the below directions to be added to this group. Unless you are logged in to Facebook first, the link below will not work. You can always join other groups later. There are good reasons for this advice. Please be patient. Please check the list below and join your local group first, or join National HELP through JoAnn and ask for help in connecting to your local or other groups.
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