判决理由
A person who recklessly transmits a serious sexually transmitted disease (HIV) to a sexual partner, knowing they are infected and without disclosing their condition, can be convicted of inflicting grievous bodily harm under s.20 of the Offences Against the Person Act 1861. Consent to sexual intercourse is not consent to the risk of infection where the complainant was unaware of the defendant's condition.
事实
Dica, who knew he was HIV-positive, had unprotected sexual intercourse with two women without disclosing his condition. Both women contracted HIV. He was charged with inflicting grievous bodily harm contrary to s.20 OAPA 1861.
判决摘要
The Court of Appeal held that the reckless transmission of HIV is capable of amounting to inflicting grievous bodily harm. Judge LJ distinguished the case from R v Brown [1994], holding that consent to sexual intercourse did not equate to consent to the risk of contracting a serious disease where the complainant was ignorant of the risk. However, if a complainant knew of the defendant's condition and consented to the risk, that would be a valid defence. The conviction was quashed on other grounds and a retrial ordered.
关键引述
"The effect of the authorities is that the question of consent in the context of sexually transmitted disease is to be approached as a matter of principle. Consent to the risk of contracting HIV is not implicit in consent to sexual intercourse."
— Judge LJ
后续处理
Applied in R v Konzani [2005] where the Court of Appeal confirmed that willing consent to the risk of infection (not merely consent to intercourse) is required for a valid defence.