I actually read a story a guy once had hiv he had women consented to sex took condom off to on purpose infect them most they got him on was gbh
The issue there was slightly different because he infected them with a life threatening virus.
And perhaps you can show us a link to the story?
On the other hand:
CPS Legal Guidance
'Conditional' Consent
Section 74 has recently been considered by the High Court and the Court of Appeal in a series of cases where ostensible consent in relation to sexual offences was considered not to be true consent, either because a condition upon which consent was given was not complied with or because of a material deception (other than one which falls within section 76 of the Sexual Offences Act 2003 [SOA]). The resultant judgments identified three sets of circumstances in which consent to sexual activity might be vitiated where the condition was breached.
In Julian Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin), an extradition case, the President of the Queens Bench Division considered the situation in which Mr Assange knew that AA would only consent to sexual intercourse if he used a condom. Rejecting the view that the conclusive presumption in section 76 of the SOA would apply in these circumstances the President concluded that the "issue of materiality ...can be determined under section 74 rather than section 76".
On the specific facts the President said:
"It would plainly be open to a jury to hold that if AA had made clear that she would only consent to sexual intercourse if Mr Assange used a condom, then there would be no consent if, without her consent, he did not use a condom, or removed or tore the condom ..... His conduct in having sexual intercourse without a condom in circumstances where she had made clear she would only have sexual intercourse if he used a condom would therefore amount to an offence under the Sexual Offences Act 2003...."