Transmission of Disease

Question 0

Konzani (2005)

Answer 0

“For a complainant’s consent to the risk of contracting the HIV virus to provide a defence, her consent has to be an informed consent… A complainant could not give an informed consent to something of which she was ignorant, and, in such circumstances, silence was incongruous of honesty, or with a genuine belief that there was an informed consent”

Question 1

Dica (2004)

Answer 1

“Consensual sexual intercourse itself is not to be regarded as consent to the risk of consequent disease. If, however, the victim consents to the risk, this continues to provide a defence under s20”

Question 2

R v Goulding (2014)

Answer 2

Concerned transmission of herpes, has never been a conviction of herpes transmission before (more trivial than HIV), defendant was convicted under s20 of OAPA and was sentenced to 14 months in prison. Issues raised such as that condoms are only 50% effective at preventing herpes transmission, disclosure or abstinence are the only ways to legally cover yourself here.