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After being diagnosed with HIV in , Clato Mabior underwent aggressive antiretroviral therapy and was adhering to treatment at the time of pursuing sexual relations with multiple partners between The same man was convicted of criminal nuisance earlier for having unprotected sex with another partner without revealing his HIV status. Additional criticisms of criminalization point to the lack of empirical evidence supporting its ability to stop or slow infections, ongoing reluctance of legal entities to narrowly tailor prosecutions to behaviors that transmit the disease, excessive punishments and disproportionate impact on disenfranchised communities. Under section 79 3 it is a defence, if the court is satisfied, that the defendant took reasonable precautions to prevent the transmission.

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Legal situation[ edit ] In many English-speaking countries and in most of the states who have signed the European Convention of Human Rights , [2] knowingly infecting others with HIV can lead to criminal prosecution. He asked whether there is a legal obligation to disclose HIV status. Subsequent legal precedent [9] has established that failure to disclose HIV-positive status, combined with failure to utilize protective measures condom use , is sufficiently fraudulent behaviour to constitute turning "consensual" sex into aggravated sexual assault, since the other party has been denied the information necessary to give properly informed consent. Despite intermittent condom use, HIV was never transmitted to his partners.

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