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"Landmark ruling on HIV disclosure"
The
Star (www.thestar.com.my)
(06/10/05)
WELLINGTON: In a ground-breaking decision, a judge ruled yesterday that men
with human immunodeficiency virus (HIV) which causes AIDS are not legally
obliged to tell their sexual partners of their condition if they wear a
condom.
Ian Hay, lawyer for Justin Dalley, told Radio New Zealand it was the first
time such a ruling had been made in New Zealand “and as far as we know
anywhere in the world.”
Judge Susan Thomas found Dalley, 36, not guilty on two charges alleging that
he committed criminal nuisance by having sex while wearing a condom with a
woman he originally met over the Internet in April last year.
The Wellington District Court was told he also had unprotected oral sex with
her.
In a decision released following a two-day hearing in August, Thomas ruled
that people with HIV or other sexually transmitted diseases were not legally
required to disclose their conditions unless it could endanger their
partners. — dpa
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