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OTTAWA Not disclosing AIDS to a sexual partner is still a death sentence, argued lawyers defending the current criminalization at Canada's top court Wednesday.
However, Crown attorneys argue that, regardless of the risk of transmission, the medical information must be disclosed to allow partners to decide whether they want to run the risk of contracting the virus.
Supreme Court hears HIV disclosure cases
Two HIV positive people who did not disclose their medical condition to their sexual partners have taken their case to the Supreme Court to argue the law does not account for cases in which transmission is unlikely or the medical advances since the original law was set.
"The fact of remains, HIV is fatal," Quebec crown attorney Caroline Fontaine. "Life with HIV has improved but it is still fatal."
Most people who fail to disclose their HIV positive status are charged with the more serious offence of "aggravated sexual assault" because they have put someone's life at risk.
Clato Mabior of Winnipeg, who was sentenced to 14 years in prison after being convicted of six counts of aggravated assault for not disclosing his condition. Four of those were later overturned because court heard he Mbt Black Leather Boots
Supporters of those living with HIV argue the current law doesn't address the advances in science for both treatment and transmission risk since the original law was put in place.
In 1998, the Supreme Court ruled that failure Skechers Boys Trainers
was using condoms and was undergoing antiretroviral therapy. It is also hearing the case of a Quebec woman who did not tell her partner that she had HIV the first time they had sex, but went on to have a four year relationship. After they broke up, the man went to police with the complaint.
The top court is hearing the case of Skechers Lights Energy
to disclose HIV positive status to a partner is Vans Toy Story Uk Woody akin to sexual assault.
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