The Supreme Court of Canada rejected the government’s argument that everyone who has HIV should be required to disclose that condition to all sexual partners in any circumstance. People with low levels of HIV have no legal obligation to disclose their condition to sexual partners as long as they use a condom.
CTV News reports:
The Supreme Court of Canada has ruled it is not always a crime for people with HIV to not disclose their HIV status to their sex partners — as long as they have a low level of the virus and wear a condom.
The ruling still leaves open the possibility that charges could still be laid against those who are reckless and who fail to take steps to avoid transmitting the potentially fatal virus.
In deciding two cases — one in Manitoba and one in Quebec — the court clarified a ruling it made in 1998 on the issue of HIV disclosure. Under that ruling, those who failed to disclose their HIV status could be charged with sexual assault or aggravated sexual assault if there was “a significant risk of bodily harm.”
But the court said Friday there have been huge advances in HIV management since then. Those advances include antiretroviral medications that can keep levels of the virus so low, they are almost undetectable.
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