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NSW Ex Not Disclosing STD - Legal Recourse Under Australian Law?

Discussion in 'Criminal Law Forum' started by glennboy, 3 March 2016.

  1. glennboy

    glennboy Member

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    My friend contracted an incurable but non-life threatening STD from her then-partner. He knew he had it but didn't disclose it. What's more he accused her of giving it to him. It's made her depressed and very angry to say the least. Has he broken any Australian law? Does she have any legal recourse?
     
  2. AllForHer

    AllForHer Well-Known Member

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  3. Sophea

    Sophea Well-Known Member

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    Hi Glennboy,

    Section 79 of the Public Health Act 2010 provides that a person who knows that he or she has a sexually transmitted infection (including HIV) is guilty of an offence if he or she has sexual intercourse with another person unless, before the intercourse takes place, the other person:

    • has been informed of the risk of contracting the sexually transmitted infection, and
    • has voluntarily agreed to accept the risk.
    It is a defence to this offence if the infected person takes reasonable precautions to prevent transmission of the sexually transmissible infection.

    So yes, it is a punishable offence.
     

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