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Disclosure of HIV +ve status
Dec 13, 2004

I was diagnosed as HIV +ve on the 30th of November 2004. I live in New Zealand and am interested in your opinion on a case thatis being tried here. An HIV +ve man has sexual relations with a woman where he used a condom without disclosing his HIV status. The woman on finding out his status sued him even before she knew the results of her tests.

The judge admitted that this was an unprecedented case as the law is cut and dried about non-disclosure of HIV status and "unprotected sex" but pretty vague about the above situation. The case is still pending.

Your thoughts, comment on this this situation would be most welcome.

Response from Dr. Horwath

This is a curious law suit. If she had sex with him using a condom, then presumably she was aware of the risks of unprotected sex (as she should be). It seems to me she decided to go ahead with having sex with knowledge of the potential risks. Perhaps he should have been more open with her, but one could also argue that she accepted the risks and proceeded with sex anyway.

My other question is, what was the damage to her? Usually civil suits seek monetary rewards to compensate for some damage. If she was not infected, what damage is she seeking compensation for?

I am not a lawyer, but these are my thoughts.



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