Question
Can transmiting HIV be prosecuted?
29 June 2009. Related: All topics, HIV transmission.
I found out that my ex girlfriend was taking heroin and was being paid by other men to have sex. I had no idea what was going on as was told she was working long shifts and that was why she was tired. We were together for about eight years. I was also working long hours all the time and never had any dealings with drugs or prostitution. Because we were together for a long time, so there was no need for protected sex. Now I am HIV-positive and there may be a possibility she knew her status.
Answer
It may sound harsh, but consenting adults of legal age should take responsibility for their own sexual health. Just because you were in a long-term relationship doesn’t give you protection from HIV. When two people have sex, each participant is responsible for making sure they are happy with the risks they take.
As far as safer sex is concerned, it is always important to assume your partnert is HIV-positive, and then have the sex you are happy with.
For a more in-depth article about the legal aspects of this complicated area see this link to an article by AVERT.
An excellent online blog by Edwin J Bernard that cover many cases is at this link.
If you are recently diagnosed, then working through issues related to how you caught HIV with a health counsellor can often help.
This factsheet is about the Swiss Statement that says HIV positive poeple on effective ART do not transmit HIV.
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