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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hello I have written to you in the past regarding infection

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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.
Jo C. :

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

Customer: Thank you, ***** ***** 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
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.
Customer: replied 4 years 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?

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 4 years 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.

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 4 years 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.

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 4 years 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

Yes, it wouldn't prove anything really. It would just be another piece of evidence.
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Customer: replied 3 years ago.
I have an additional question about my herpes infection. As I have said before my partner did not protect me from his cold sores and spread it to my genitals, he didn't informed me he had them didn't use dental dam, tablets, nothing. When I got admited to the hospital he said it was not his fault and when I texted him back that he should go and get tested he went to police, I was devastated and worried he will not protect future partners to so I went to police and filed report to that he carelessly spreads it.
You said to me this:
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.
I'm a young person and want to date and have normal life. I am not sure if I want to tell to every partner that I have herpes type 1 as people with cold sores don't even bother when kissing or using dental dams for oral sex. But what I am sure that I want to protect people or future partners from this by using tablets and condoms. Am I obligated by the law, taking into account my police report to inform every future partner about the issue when I protect them from herpes type 1? Do I have this obligation when using protection as my doctor advised me to?
You need to be careful with looking at what other people do. Other people quite often break the law so they are not always a good example.
In truth, under the law as it stands the spread of infection can be an assault. it has generally been applied to HIV because obviously that carries more serious consequences. However, in principle, it does apply to other STDs.
There is no specific legal obligation but if you do infect a person then they could complain to the police Im afraid.
Customer: replied 3 years ago.
I understand that completly, in fact I still believe that it's not right even though so much time passed already. I have read guidance for prosecutors and it says that if protection was used in a good faith in it's effectiveness then it precludes recklessness or that prosecutor would be able to demonstrate it. That's why I'm asking as I want to have maximum knowledge on the subject.
I wouldn't take much notice of the guide. They regularly disapply that when it suits them.
The issue is whether you could defend it in court and the use of contraception preventing the transmission of STDs would be a defence.
Customer: replied 3 years ago.
If they said "but you, yourself went to the police and complained etc." then I would say " yes because people with cold sores need to understand how important is using protection and my partner didn't" also according to medical research I am less contagious than the average person with cold sores as I have type one. I could show letters from doctors with their recommendation for me. And say I wasn't having unprotected sex especially knowing that I went to the police. I know it seems a bit funny but if affects me.
Yes, I understand.
That would give you a defence.
Customer: replied 3 years ago.
Aside from everything I will probably end up telling every partner about it knowing me and then saving texts etc. but I just want to have that margin of error when I don't. Thank you.
No problem and all the best.
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