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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice
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Hi I married in 1993, the marriage ended in 1998. I was beyond

Resolved Question:

Hi
I married in 1993, the marriage ended in 1998. I was beyond horrified to learn last year that my husband knew he was HIV before we met, as did some of his friends. Although he ‘protected’ me to some extent, certainly not perfectly. I consider it a miracle that my HIV status is negative.
He has no problem admitting it now. I am angry and would like to know if there is some way to prosecute him. I am not after money, just some form of judicial justice.
Would I have any sort of case to present? Where could I research similar scenarios?
Thank you for your expertise and time.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Sorry for the delay.

I am sorry but I cannot give you good news. I’m afraid you are in difficulty here.

There is an offence in deliberately infecting another person with HIV. However, he has not done that because thankfully you are HIV negative. For that reason, the offence is not made out.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 3 years ago.

Hi Jo,


 


Thanks for your reply.


 


So even though you can be prosecuted for reckless driving if you don't cause an accident, the same cannot be said about health, and i have no angle having been with him for 7 years?


 


I understand i can't take any one to court for not catching something - was just hoping there may be some wee gem of a law about unreasonable/unethical prolonged exposure to danger.


 


I appreciate your site, what a cool idea.


 


Thanks Jo


 


Shelly


 


 

Expert:  Jo C. replied 3 years ago.
Well, it can be said about health but to use your analogy there wasn't an accident here and thats the point.

You can't be prosecuted for reckless driving if there is no accident and here thankfully you did not contract HIV so there is no GBH.

Its the creation of risk here more than the actual cause of injury and the law doesn't cover that.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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