R v B

Failing to disclose HIV positive status does not in itself vitiate consent to sexual intercourse for the offence of rape.

Citation
[2006] EWCA Crim 2945, [2007] 1 WLR 1567
Court
Court of Appeal (Criminal Division)
Year
2006
Subject
Criminal Law
Topic
Sexual offences and consent

Facts

B had sexual intercourse with a woman without telling her that he was HIV positive. She had not asked about his HIV status. He was convicted of rape, on the basis that the jury was directed that his failure to disclose his HIV status could be relevant to whether she consented.

Legal principle

The Court of Appeal quashed the conviction. Latham LJ said that a defendant's failure to disclose that he is HIV positive does not mean that the complainant did not consent to sexual intercourse for the purposes of the Sexual Offences Act 2003. The complainant consented to the act of intercourse, and the defendant's HIV status was relevant to the risk of infection, which could be dealt with under the Offences Against the Person Act 1861, following R v Dica, but not to the question of consent to the sexual act itself.

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