Legal Drama

Do you Agree? Canada’s Supreme Court Rules HIV INFECTED Persons DO NOT Need to Disclose Status to Sex Partners

What an interesting landmark ruling in Canada in the story below. I get the idea of not stigmatizing those with the disease. I do not get the part of not disclosing that you are HIV Positive, regardless of how low the viral count is, to your sexual partner. Do you agree with this ruling?

“OTTAWA—The Supreme Court of Canada has absolved HIV carriers of the legal obligation to inform sex partners about their condition as long as they have a low level of the virus and wear a condom.

In a major 9-0 ruling Friday, the high court specified those two key conditions, clarifying the rules on whether it is a crime for people with extremely low levels of HIV to withhold their condition from their sex partners.

The court said it was reflecting the medical advances in treating the virus that causes AIDS since it first ruled on the issue in 1998 and left open the possibility of adapting to future changes in science in medicine.

The Supreme Court ruled on two separate cases, from Manitoba and Quebec, updating its landmark 1998 ruling on the subject.

The court ruled 14 years ago that people with HIV must inform their sex partners of their condition, or face a charge of aggravated sexual assault, which carries a maximum life sentence.

Now, that duty to disclose has been removed as a long as the HIV carrier has a “low load” of the virus and wears a condom.

“On the evidence before us, a realistic possibility of transmission is negated by evidence that the accused’s viral load was low at the time of intercourse and that condom protection was used,” Chief Justice Beverley McLachlin wrote on behalf of the court. . .”

The Star has the full story.

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