In Canada, the Criminal Code lays out criminal offences, applying across the country, in every province and territory. Numerous people with HIV have been charged and convicted of offences – including attempted murder, aggravated assault and aggravated sexual assault for not revealing their HIV positive status to a sexual partner before having sexual intercourse. In addition to this, an HIV-positive person can be charged and convicted of a crime even if the other person neglects to become HIV positive.
According to two 2012 Supreme Court decisions in Canada, an HIV-positive person has a legal duty to disclose his or her status to a sexual partner before having any sex that poses a “realistic possibility” of transmission. This means that an HIV-positive person has a legal obligation to disclose his or her positive status to a sexual partner.
Although most people wouldn’t think of intentionally spreading HIV/AIDS to another person, there is some recourse for those who have been infected by the intent or negligence of others.
Understandably HIV/AIDS has many costs, financial and emotional. The medical costs of the disease are high, as people who are HIV positive need to take a lot of medication to remain healthy and fend off infection. Emotionally, the disease also exacts emotional pain on those suffering from it. People with the disease often live with extreme anxiety, worrying about dying early and regretting the decisions they’ve made. Although medical technology has advanced to the point where the condition is manageable, no cure exists for HIV/AIDS that we know of, which is why the intentional or avoidable spreading of the disease is so unfortunate.
Speak to our qualified, experience legal professionals at Campisi LLP Personal Injury Lawyers today, to learn more about how we can give you the most up-to-date legal information and advice about your particular situation. We understand the difficult situation you’re in and want to help you find the justice you deserve. Our ability to effectively find solutions for victims of this type of situation is what sets us apart from other personal injury law firms. We care about our clients and we want to help you find the justice you deserve.
If you have contracted HIV/AIDS due to the negligence of an individual who has not taking the necessary precautions to prevent transmission of the disease, contact Campisi LLP Personal Injury Lawyers today at 1-855-525-5502.