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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

STD after someone cheats on partner

2 replies

zenithfreedom · 20/05/2021 16:03

Would someone in this scenario be liable? I just want to first say that this isn't me by any means, I would never do such a scummy thing.

One of my workmates and close friends told me that she found out her husband was cheating on her. She also suspect he might have done it when he was abroad in SE Asia. She's gotten tested and thankfully come back as negative for all STD's.

Knowing the rate of HIV in SE Asia, if he had contracted HIV and passed it on to her, would he be criminally responsible? I know in the UK and US, it can only happen if there is proof that the person had unprotected sex knowing that they were positive.

I do find it interesting how many people cheat but we rarely hear about incurable STD's being passed on.

OP posts:
mindutopia · 20/05/2021 20:04

I work in sexual health. No, we thankfully don’t criminalise people for transmitting STIs in this country, with rare exception (when done intentionally and maliciously). The thing is that except in really extraordinary circumstances it’s impossible to prove who gave what to who. Some people have STIs for a decade or more and have no idea. Sometimes people use STIs to punish and abuse their partners (as in the person who was at fault, technically, claims their partner gave an STI to them as a control tactic). Criminalising infections also discourages people from seeking testing and treatment, which isn’t what we want to do.

Ultimately though, everyone is responsible for themselves and does have to protect themselves first and foremost, even though other people should be responsible and honest and respectful. We do place a certain degree of trust in partners, but we have to choose wisely. This is why regular sexual health checks are so important. I’ve been happily married for 12 years and I had one somewhat recently as I was having some gyn issues. Nothing wrong with my relationship and I trust Dh immensely. It’s just sensible to do because we have to look out for our own health.

HIVpos · 21/05/2021 00:05

Hi OP, if he had contracted HIV and passed it onto his wife then any potential prosecution depends on a few things.

Assuming they live in England or Wales (laws differ round the world)
they might be found guilty of reckless HIV transmission if all of the following apply:
They had sex with someone who didn’t know they had HIV.

They knew they had HIV at that time.

They understood how HIV is transmitted.

They had sex without a condom.

They transmitted HIV to that person.

.

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