There is currently no law in Canada that compels those with HIV to tell their partners about their illness. But in a landmark case in 1998, called R. v. Cuerrier, the Supreme Court ruled that when sexual activity poses a “significant risk of serious bodily harm,” there is a duty on the HIV partner to reveal their status. If they don’t, their sexual partner can argue they did not have enough information to give their full consent to sex, and the HIV partner can be charged with sexual assault. The HIV-AIDS community has argued that a lot has changed in the 14 years since the Cuerrier decision. And yet, criminal charges continue to be laid. The Canadian HIV/AIDS Legal Network says more than 140 people living with HIV have faced charges since the Cuerrier ruling for failing to tell their partners about their status, says the group’s senior policy analyst, Alison Symington.
Posted September 15, 2012 at 6:38pm in hiv consent sex sexual assault rape informed consent statutory rape aids ethics sexuality trust
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