It is also unclear whether transmission of HIV under any circumstances is considered reckless - such as when a condom fails, or through oral sex - or whether it only applies to when condoms are not used in vaginal or anal intercourse. In most cases informed consent will be established if there has been disclosure by the HIV-positive person of their HIV status, but it is unclear whether disclosure is absolutely necessary to avoid prosecution. Put simply, the judgments confirm that if someone knows they are HIV-positive, is aware of the risk of transmission, and takes an unjustifiable risk that results in the transmission of HIV, they could potentially be accused of recklessly inflicting grievous bodily harm.Īlthough a valid defence is to claim that the person who became infected with HIV consented to the risk of transmission, the kind of consent needed to avoid prosecution is “informed consent”. The judgments in these cases have established the principles that apply in England and Wales to those charged in cases involving reckless HIV transmission. This is the fifth time that someone has pleaded guilty to charges of reckless transmission in England and Wales, with only two cases - those of Mohammed Dica and Feston Konzani - actually going to trial. Where a person pleads guilty on the basis of virological evidence (which may be open to a variety of different interpretations) a jury is not given the opportunity to make such an evaluation." "What matters," continued Dr Weait, "is whether a jury is satisfied, beyond reasonable doubt, that all the evidence offered in a particular case provides convincing proof of the facts necessary for a conviction. It is vital that defendants, their lawyers and the court are made aware of the fact that such evidence may indicate who infected whom and when, but it may not." It appears the 47 year-old discovered that he was HIV-positive during the relationship and did not disclose his status to his partner, who found out seven months later from a mutual friend.Īccording to the Mirror, the man changed his plea to guilty "at the last minute due to overwhelming scientific proof".ĭr Matthew Weait, Lecturer in Law at Keele University, who has lectured and written extensively on the criminalisation of HIV transmission, told : "This case highlights the critical importance of scientific evidence in cases concerning the reckless transmission of HIV.
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