The AIDS Foundation has welcomed the "not guilty" verdict of a HIV+ man who faced criminal charges for not disclosing his status to a partner as a victory for common sense. Justin Dalley was charged with criminal nuisance after not disclosing to his female partner his HIV+ status before they engaged in an incident of protected vaginal sex and unprotected oral sex. The case was the first time an HIV+ person in New Zealand had faced such charges after a sexual encounter where a condom had been used. "Today's decision reinforces what the New Zealand AIDS Foundation has been saying for 20 years," says AIDS Foundation Executive Director Rachael Le Mesurier, "that the best strategy for avoiding HIV during anal or vaginal intercourse is the consistent and proper use of condoms. Relying on HIV positive people to tell you, and assuming that unprotected intercourse is 'safe' if HIV is not mentioned, is a much riskier strategy, especially as approximately one third of people with HIV in New Zealand don't know they have it, and so can't tell." LeMesurier says the court decision has reflected the biological reality of HIV infection; that there is almost zero risk of HIV transmission from unprotected oral sex and that condoms reduce the risk to such low levels that disclosure of HIV status is not necessary.
Credit: GayNZ.com News Staff
First published: Wednesday, 5th October 2005 - 12:00pm