Disease Transmission

here, sexual gratification is not coming from violence,
g
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R v Dica (2004)
case of HIV transmission, courts said “casual sex between complete strangers” and sex within a “trusting” relationship.
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This was reversed in case of Konzani (2005)
The defendant, who had HIV, had unprotected sex with three people with three people without telling them that he had HIV.
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What was the Q here?
The question was whether their consent to sexual intercourse with the defendant extended to consenting to the transmission of the disease (GBH). Therefore, if an individual conceals STD from a partner, she is deceived, therefore not properly informed
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So can she consent if she isn't informed?
no
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Arguments for the criminalisation of transmission of STDs
Court are saying in Konzani that if you withhold information from someone about your STD, you know that it's information they would want to know.
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What do Bennet, Draper and Frith say in 'ignorance is bliss?' (2000)
‘It seems uncontentious to assert that individuals have a moral obligation to avoid harming or wronging others where possible. This is a general obligation and not one restricted to the transmission of HIV’.
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Arguments against the criminalisation of transmission of STDs
To protect the victim's autonomy, belief that if you can consent to sex, you consent to risks attached. Matthew Weait says that to stop spread of STIs is everyone's responsibility
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Practical problems in using the criminal law
sexual relationships are pre-eminently private and essentially personal to the individuals involved in them. There is always inconsistency e.g. most people prosecuted are from some sort of minority group. Many health care professionals believe that
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Many health care professionals believe that it shouldn't be criminalised, why?
They believe that it will discourage people from getting tested, because if they do not know they cannot be negligent. From a public health view, it is much more important
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R v Golding [2014]- girlfriend contracted genital herpes, leading to Golding being convicted of GBH
plead guilty to reckless transmission. Judge said it is morally worse since they were in a relationship, plus Herpes can never be completely treated and it will cause her issues for the rest of her life
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Other cards in this set

Card 2

Front

R v Dica (2004)

Back

case of HIV transmission, courts said “casual sex between complete strangers” and sex within a “trusting” relationship.

Card 3

Front

This was reversed in case of Konzani (2005)

Back

Preview of the front of card 3

Card 4

Front

What was the Q here?

Back

Preview of the front of card 4

Card 5

Front

So can she consent if she isn't informed?

Back

Preview of the front of card 5
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