Wednesday, October 5, 2005

HIV-Positive Man Did Not Have To Tell Partner

CondomsNew Zealand - Police say a landmark court ruling on the disclosure of HIV status should serve as a warning to anyone who is sexually active.
Judge Susan Thomas found Lower Hutt man Justin William Dalley, who is HIV-positive, not guilty of committing a criminal nuisance when he had sex with a woman last April.
Thomas said Dalley had a legal duty to take reasonable precautions to avoid endangering the woman's life, which he had done by wearing a condom.
She said while there might be a moral duty to disclose HIV infection to partners, there is no legal duty to do so.
The decision means people with HIV do not have to disclose their infection if they use a condom.
The police officer in charge of the case Detective Constable Matthew Cleaver says the ruling means people should take extra precautions. And he warns people need to be careful if they get sexually involved with someone they don't know.
HIV support groups say the ruling will help reduce the spread of the virus.
The Aids Foundation says the ruling reinforces the message it has been pushing for 20 years and is a victory for common sense.
It says people will be kept safe from HIV by using condoms and not by relying on infected people to reveal their status.
Dalley's lawyer Ian Hay says the judge's decision is important because it is a legal first and helps clarify the law.
Dalley was sentenced to 300 hours' community work in June after he was found guilty of endangering another woman's life by having sex without using a condom.
from TVNZ

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