Assault With A Deadly Virus

[koan]

My first reaction to this news is dismayed shock.

HIV disclosure can be waived under certain conditions: top court - The Globe and Mail

Canadian courts decided that failure to inform someone of that you have HIV is not a crime if the viral load is low and a condom was used. Arguments for completely criminalizing it holds the right of the other person to make an informed decision above all else. Arguments for reducing criminality even further hold the right of the infected person to enjoy a more normal, less stigmatized, life as the priority and claim that criminalization will reduce HIV testing.

I'm on the side of disclosure though I understand and sympathise with the test avoidance problem that may result. I have in mind that those who would avoid it will avoid it whether knowing is a crime or not. I actually had no idea that it was legal to have sex without disclosure of herpes let alone HIV. These are things that don't have a cure. I don't see how it is consensual unless there is disclosure.