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HIV non-disclosure ok in NZ if condoms used

Tue 17 Nov 2015 In: New Zealand Daily News View at Wayback View at NDHA

Hollywood star Charlie Sheen Although there is intense speculation that Hollywood star Charlie Sheen could be prosecuted for not revealing his newly-revealed HIV-positive to some of his many sexual partners in recent years, he might not be facing prosecution of he had been in New Zealand. Sheen, a California resident, faces the legal ramifications if it can be proved that he did not disclose his HIV-positive status to his partners even if his HIV was medically undetectable and he wore a condom. Unlike New Zealand, non-disclosure is a criminal offense in California. “The law in New Zealand is still that a person must either disclose their HIV status to a potential sex partner or wear condoms during sex,” says Robinson. However, he cautions that "that the law has not yet caught up with the science around undetectable viral load. At present you must either disclose your HIV positive status before sex or wear a condom to be free of the risk of prosecution" “In today’s world, where we know about the importance of testing and the effects of treatment on viral load, the criminalising of HIV is becoming an increasing problem because fear and confusion around prosecution can stop people from testing – people can get into 'I’d rather not know' thinking.”    

Credit: GayNZ.com Daily News staff

First published: Tuesday, 17th November 2015 - 2:12pm

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