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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I have one last question regarding that, with the rate of infection

Resolved Question:

I have one last question regarding that, with the rate of infection 50% of people does this kind of infection meets standard of proof beyond resonable doubt?
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.

-Could you explain your situation a little more?

Customer: replied 3 years ago.


It's a follow up


 



Hello I have written to you in the past regarding infection





Customer Question




Hello I have written to you in the past regarding infection that my partner passed on to me and me then denied and went on to the police to give me harassment warning I then went to police to say that he gave me the infection ( herpes ). I put the report against him and you said it's gonna be there for life. My question is... I plan on informing my future partners about infection but what if at the end of the relationship things will turn bad and they will go to police and say that I didn't tell them? Can the police pull my previous report against me? Can they cross reference it like that by putting my name on the system? How that this system work? This is very uncomfortable position I'm in at the momment and would like to know. I want to be honest with my partners but at the same time I don't want to fear at the end of the relationship that they will go to the police and the police has already got my statement (victims statement) and they can say "hey it's true you gave it to him". I don't know if that makes any sense to you. I don't want to be sued for damages or anything.



Submitted: 2 days ago.


Category: Law











Expert: Jo C. replied 2 days ago.



Jo C. :

Hi. Thank you for your question. My name isXXXXX will try to help with this. I will check our past correspondence and get back to you



Customer : Thank you, XXXXX XXXXX stressful situation for me as I feel I shared such a personal information about me with the police and I now regret. I'm not a native speaker excuse my English










Expert: Jo C. replied 2 days ago.

Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.









Expert: Jo C. replied 2 days ago.

Hi

The fact that you have made a previous report to the police doesn't prove that you have told subsequent partners of this issue.

Of course, the truth is that its quite unlikely that anybody would make a report anyway unless you make reports against them. Many many people do sort out personal disputes themselves without approaching the police. Obviously if you make reports about them then you are going to give them motivation to do it to you.

The only real way of proving that you have disclosed to them is to do it in recordable form - like text.

However, you should be aware that the fact you have told them isn't a defence. You cannot rely on consent. This is an assault effectively. You can consent to a common assault in some circumstances but not the more serious assaults.

You will only have a defence if you use precautions to prevent the transmission of disease.

It is quite unlikely they will be able to prove that you were the source of transmission anyway though as indeed it will be very difficult to prove that against you previous partner I'm afraid.

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 2 day ago.


This virus is very common but because I can't have children and my partner knew about it I got offended and I got really bad reaction from it at first. I know it's purely hypothetical question but if my new partner decides to go to police for some reason can they use my previous report against me? Cross reference it? Or they would have to follow the steps as if the report wasn't already there? Would it be enough if I said Im a carrier of hsv1 virus and it's contagious without neceserely specifing the location? Do you mean if I inform my partner that doesn't matter because it's still assult if he agrees to the risk?










Expert: Jo C. replied 2 day ago.

Well, only in that I suppose the previous report would prove that you had the condition.

As I've said above, the fact that you inform a partner does not provide a defence unless the charge is to be a common assault.








Customer: replied 2 day ago.


So if I don't tell them and use protection ie condoms and tablets it will have the same effect for me as if told them - no difference? I am so sorry for trubeling you but I'm an honest person and this infectin really plays on my mind.




 










Expert: Jo C. replied 2 day ago.

Yes, I understand.

I think it would be important to tell a subsequent partner. Apart from anything he is less likely to make a report about you if you have told him in advance.

But condoms and tablets if they prevent the transmission are the important thing as that will give you a defence.

It almost certainly won't come to this though. Millions of people have personal disputes without going to the police. Its only a small minority that report things like this to the police.








Customer: replied 2 day ago.


 




Well I am not going to go into how unlycky with men I am, when I asked him to go and get tested and he went first to the police because he didn't want to get tested, they told him to do so but I got harrassment warning and then I got upset and reported it. But does it really work like that? Lets say a guy goes to police and puts reporrt against me and they type it in the computer and then my report pops out? I reported it as a victim. I am sure there must be some data protection if it comes to police files.










Expert: Jo C. replied 2 day ago.

The fact of the report will be traceable by the police and disclosable against you in any subsequent prosecution

Data protection doesn't mean the report can't be used against you in the course of a criminal prosecution.








Customer: replied 2 day ago.



I feel I made a fool of myself with this statement and now will pay the consequences, I am the victiom of this situation and what I have put in the statement is all true. But ultimatelly it only say I have a comon virus isn't it? I would not deny that I have the virus anyway just in different location








Expert:  Jo C. replied 3 years ago.
Well, its as I've said really.

The fact of the previous report doesn't prove that you were the reason for transmission.

It is just one piece of evidence which really only prove that you do have the condition.
Customer: replied 3 years ago.


So in other words there are grounds for resonable doubt and the person would have to prove with his medical records that he was tested for that particular virus prior to meeting me and would have to prove that I didn't protect him from it?

Expert:  Jo C. replied 3 years ago.
No, I wouldn't go that.

The fact that you have made this report alone does not prove that you have transmitted the disease.

That does not mean that it could not be proven by other evidence.
Customer: replied 3 years ago.


I wonder how can I prove that I protected my partner if that is the only defence in that situation. I don't like unclear situations. I am even willing to collect recepits fro pharmacy for purchasing condoms. I dont want to hurt anyone. And I don't want to count only on there good will not to report me, it makes me feel uncomfortable.

Expert:  Jo C. replied 3 years ago.
There are no guarantees in relationships.

Ultimately the only way to prevent charges is to make reasonable efforts not to pass the condition on.

Customer: replied 3 years ago.

ultimatelly if the worse were to happen it would be word agains the word wouldn't it?

Expert:  Jo C. replied 3 years ago.
Not really. I would just come down to what can be proven.

If you have the condition and they did not then that gives rise to an inference.

Whether or not you took proper precautions depnds on what can be found. That might be where credibility is relevant.
Customer: replied 3 years ago.


Credibility in what sense?

Expert:  Jo C. replied 3 years ago.
Who is believed.
Customer: replied 3 years ago.


Thank you so much for your replies, I will not disclose my other circumstances surrounding this situation on here but I really appresciate that you don't suger coat and find your advice to be very professional. I know that it may seem stupid this whole problem but to me it makes the world of difference, Thank you

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Its very unlikely that anything will come of this.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
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Experience: Over 5 years in practice
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