Court of Appeal ruling finds woman was sexually violated

A recent Court of Appeal decision sets a  precedent for people who unwittingly have sex with a person who is HIV positive to be covered by ACC for mental injury.

In 2004 a man was found guilty of criminal nuisance for failing to tell his partner he was HIV positive.  His partner developed post-traumatic stress disorder while awaiting HIV test results. ACC had refused his female partner cover for mental injury, on the grounds that she consented to have sex and criminal nuisance was not on its list of crimes for cover.

The Court of Appeal found that the woman had been sexually violated because her partner did not tell her he was HIV positive – and stated that his non-disclosure of his HIV status invalidated her consent to have sex. As mental injury as a result of sexual violation  covered by ACC, the court ruled the woman was eligible for cover.

ACC has agreed to accept the ruling and is calculating compensation.

Access the Court of Appeal decision

Read Court win changes ACC rules for HIV sex cases, NZ Herald 13/03/2012

Spokespeople for the NZ AIDS Foundation, Positive Women (a support group for women with HIV or AIDS, Rape Prevention Education and the women’s lawyer comment on the ruling. Radio NZ, Morning Report, 12/3/2012  Listen here

The impact on future prosecutions is discussed with the spokesperson for the NZ Law Society, Radio NZ, Morning Report, 13/3/2012. Listen here 

Sexual abuse services support the ruling  Radio NZ, Checkpoint, 13/3/2012 Listen here

Read the NZ AIDS Foundation position on the case

Photo credit: Istock photo