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Persons with Low Level HIV, No Duty to Disclose to Sex Partners

The Supreme Court in Ottawa ruled that as long people living with HIV have low levels of the virus and use a condom they do not have to report their viral status to the people with whom they are sexually active. The court believes that since the medical treatment has improved since 1998 there really is not a threat if someone has the virus. Chief Justice Beverley McLachlin wrote on behalf of the court “On the evidence before us, a realistic possibility of transmission is negated by evidence that the accused’s viral load was low at the time of intercourse and that condom protection was used.” The Supreme Court ruling, rendered on October 8, 2012, overturns many convictions that have already been ruled in the past. This will be setting many of these prisoners free.

Student Researcher: Ariana Burch, Indian River State College
Faculty Researcher: Elliot D. Cohen, Ph.D., Indian River State College

Mike Blanchfield, Supreme Court clarifies duty to disclose HIV to sex partners in landmark ruling, October 5, 2012 html

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