Jump to content

Herpes Case - Sexual Assault Charge

Recommended Posts

I agree with Alexandra-Sky. Crap. Unadulterated crap.

 

The media and folks in general panic over Herpes, which is a very common, low-grade virus. Between 50% and 80% of people with herpes don't know that they carry the virus. While it is best to avoid sexual activity when one is having an outbreak, between 2% and 5% of carriers "shed" the virus without having an outbreak. For this reason, "safe sex" practices including using condoms and dental dams do not make sex perfectly safe, they reduce the risk of transmitting infections.

 

See the Health Nurse's STI Risks Chart.

 

We are each responsible for our own health, including our sexual health. Information reported by sex partners is only one aspect of attending to our sexual health care. Sexually active people who have more than one partner should be tested regularly for infections. While most people fear HIV/AIDS, this is still a relatively uncommon infection among heterosexuals who do not use illegal, injectable drugs. More serious are infections such as syphilis for which infected people have no symptoms yet are actively contagious. Only in fully monogamous relationships can we assume that we or our partners are completely free of infection. Most sexually transmissible infections are completely treatable with antibiotics.

 

Herpes is not curable, but medications can shorten outbreaks and lessen discomfort from lesions. Most people with herpes have fewer and shorter outbreaks over time. Herpes' greatest danger is to unborn children. Women who want to become pregnant, or who are pregnant, can still have normal pregnancies and healthy deliveries when they have herpes. They should let their doctor know about the herpes infection so that the doctor can take steps to protect the newborn child.

 

My point in all of this is to say that each party is responsible for their sexual health and, even if the woman's partner had disclosed that he had herpes, not only may she have become infected, anyway, but she may have had the infection herself, already, without any symptoms.

 

A healthy, responsible adult sexual relationship must include accepting certain risks and taking steps to minimize and address them. Blaming someone else if or when we contract a sexually transmissible infection is meaningless when we have not taken adequate steps to protect our own health and well-being in the first place.

Share this post


Link to post
Share on other sites

Legally, if you are charged with aggravated sexual assault because you did not disclose your status (either with HIV, or now herpes) it is considered 'fraud' which negates consent. According to the law, you cannot consent if you do not have all the necessary information.

 

However, it's only fradulant if the transmission of HIV/Herpes represents a significant risk of bodily harm. Usually, this significant risk is categorized as death (i.e. with HIV in the early-late 80s).

 

I don't think herpes (or HIV, in our contemporary context) represents a significant risk of bodily harm (i.e. death) to entice such criminal proceedings... what a load of horse shit.

Share this post


Link to post
Share on other sites

hmmm this is tricky one! I agree it is wrong to hide this kind of information when having unprotected sex with a partner(s), but really, is it worth giving the guy a charge as serious as sexual assault. Perhaps they could have another classification for this type of charge....something that may not result in not finding a job etc.

Share this post


Link to post
Share on other sites

Reporting one's STI status to one's sex partners is the responsible thing to do. However, viruses like herpes are ubiquitous and largely benign. Someone can have the bug, not know it and may or may not transmit it to others.

 

Herpes is only potentially deadly to newborn babies. For healthy adults it's an inconvenience, at most.

 

I think that charging this guy with aggravated sexual assault is w-a-y over the mark. Perhaps the Toronto police have been over-sensitized. They have had to deal with a couple of people who didn't report that they had HIV/AIDS when they had unprotected sex with new partners. At least one woman died as a consequence of contracting HIV from one of these fellows.

 

While HIV/AIDS can be managed in many people, the antiviral treatments don't work for everyone. Women appear to become seriously ill much faster than men do, and the disease often seems to progress in different ways for us, as well.

Share this post


Link to post
Share on other sites

Maybe the lone voice here, but I completely agree with laying charges. I do not think the charges will stick, tho, because the courts will probably agree that it is not in the same league as HIV.

 

The main issue here is that the guy knew he had it, and failed to disclose it. If he did not know he had it, and passed it along, there would be no charges. Just as if someone does not know they have HIV and passes it along it is not at all the same as someone who receives the diagnosis and then deliberately and with forthought chooses not to disclose this information to his partner.

 

This is exactly the same. He was diagnosed and he chose to deliberately proceed without informing his partner. That is the reason for the charges, and the reason they exist.

 

However, there are certain stds, typically ones without cures, that are "reportable". Herpes (genital) is not one of them.

 

One thing laws and applying laws does is send a message. Hopefully, this will send a message that not disclosing health status has consequences. Hopefully it will send a message that not getting tested, before moving forward to unprotected sex, has consequences.

 

HIV cases can lead to murder charges, so there can be a difference, beyond just being charged with assault.

Share this post


Link to post
Share on other sites
Guest *D E**a

I agree with what fortunateone says. It should be highly illegal to knowingly infect someone with anything. Makes my skin crawl just thinking of it.

Share this post


Link to post
Share on other sites
I agree with what fortunateone says. It should be highly illegal to knowingly infect someone with anything. Makes my skin crawl just thinking of it.

 

As much as I agree would this include a cold ? How about influenza ?

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
You are posting as a guest. If you have an account, please sign in.
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...