H ow should the criminal law respond to those who pass on sexually transmitted infections STIs? The answer to this question has become more pressing in light of the conviction of David Golding , who pleaded guilty at Northampton crown court to causing grievous bodily harm by passing on genital herpes to his former partner, Cara Lee. In the case of Mohammed Dica in , the court of appeal held that for a person to be liable for recklessly causing serious bodily harm by passing on the virus he must have known his HIV positive status at the relevant time. The following year, in the case of Feston Konzani , the same court explained that while a partner’s consent to the risk of transmission was a valid defence, that consent had to be of an informed kind in effect requiring prior disclosure. These and other convictions have caused consternation in the community of people living with HIV, legal academics and the national organisations including the National Aids Trust and the Terrence Higgins Trust which represent their interests. While there is widespread acknowledgement of the importance of practising safer sex and disclosing HIV-positive status to sexual partners, there is similarly widespread international concern from, for example, UNAids , IPPF and the Open Society Institute about the adverse public health impact of deploying the criminal law as a response to transmission and the potential for miscarriages of justice. Such concerns have resulted in a high-level global commission on HIV and the law and, more locally, the publication of guidance by the Crown Prosecution Service for England and Wales in , the aim of which was to explain the factors that prosecutors should take into account when deciding whether or not to pursue a case. Among other things it highlighted the fact that scientific evidence alone is not conclusive and that practising safer sex would make establishing recklessness difficult.
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Matthew Weait: Herpes is a common, manageable sexually transmitted infection. A month sentence for transmission is draconian.
Seven months after Ella Dawson says she was diagnosed with genital herpes, she remembers a young man at a college party offering her a sip of his beer. No offence: Ella Dawson says she feels empowered talking bluntly about her genital herpes. Credit: Ella Dawson. Ms Dawson, 22, was just learning to shed the shame that came with her infection, which affects one in eight Australians.
She could already tell this sense of isolation was worse than any outbreak. So, she spoke up – and shared the tale in an essay in Women’s Health magazine , published this week. She wrote: ” ‘That’s funny,’ I said, with as warm a smile as I could manage. Because I have genital herpes. Not because I grossed him out – I could practically see the wheels turning in his brain as he realized he’d made an ignorant joke at someone else’s expense.
The guy started apologizing profusely. Ms Dawson, who graduated last year from Wesleyan University in the US state of Connecticut, says she did not take offence. Humour at the expense of people with sexually transmitted infections permeates popular culture, from Jennifer Lawrence casually joking about herpes to Saturday Night Live’s segment on Valtrex, a drug used to treat infections caused by the virus. But Ms Dawson, who lives in New York City, said she felt empowered talking bluntly about her affliction.
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Herpes simplex is a viral infection caused by the herpes simplex virus. Oral herpes involves the face or mouth. It may result in small blisters in groups often called cold sores or fever blisters or may just cause a sore throat. The most effective method of avoiding genital infections is by avoiding vaginal, oral, and anal sex. HSV infection causes several distinct medical disorders.
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Both viruses evolved from simplex viruses infecting African primates and they are thus thought to have left Africa during early human migrations. Results indicated that HSV-1 populations have limited geographic structure and the most evident clustering by geography is likely due to recent bottlenecks. Analysis of ancestry components and nucleotide diversity, however, did not support the view that the worldwide lineage followed early humans during out-of-Africa dispersal.
Although phylogeographic analysis confirmed an African origin for both viruses, molecular dating with a method that corrects for the time-dependent rate phenomenon indicated that HSV-1 and HSV-2 migrated from Africa in relatively recent times. In particular, we estimated that the HSV-2 worldwide lineage left the continent in the 18th century, which corresponds to the height of the transatlantic slave trade, possibly explaining the high prevalence of HSV-2 in the Americas second highest after Africa.
The limited geographic clustering of HSV-1 makes it difficult to date its exit from Africa.
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