Monday, May 9, 2011

When do you have a legal duty to tell him your HIV status?

When do you have a legal duty to tell him your HIV status?

You have a legal right to the privacy of your health information. This includes your HIV status. So you usually get to decide who you tell about your HIV status. But the criminal law limits your legal right to privacy. Here is what the criminal law in Canada says:

  • If there is a significant risk that you will pass on HIV to your sex partner during sex, you have a legal duty to tell your sex partner your HIV status before you have sex.

Even if you use a condom for fucking, you might have a legal duty to tell him your HIV status before you fuck. The criminal law is not clear about this.

It is important to understand that it is a crime to expose someone to a significant risk of HIV infection. So you can be criminally charged and convicted even if your sex partner does not become infected with HIV. For more information about HIV disclosure, sex and the law,

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