In every relationship, it is important for all parties to be honest and transparent. That’s especially the case for sexual relationships, where everyone involved has the right to be aware of all possible risks before giving consent.
A 48-year-old man with human immunodeficiency virus (HIV) was recently sentenced to one year’s jail for engaging in sexual activity with two men without disclosing his condition.
Even though a doctor at National University Hospital (NUH) determined that his viral load was not high enough to transmit the disease, neither victim had accepted the risk of having sex with him.
On Tuesday (7 Jun), the 48-year-old man was sentenced to one year’s jail for not disclosing his condition to two men he slept with, according to The Straits Times (ST).
On 10 Oct 2019, a man lodged a police report that he had been sexually assaulted and told the police about the man’s HIV-positive status.
The pair reportedly had sex at the offender’s home, but he failed to disclose his condition to the victim.
This information was conveyed to the Ministry of Health (MOH).
According to TODAY, court documents did not state how the victim knew about the man’s HIV status.
While investigations into the first incident were ongoing, another victim reported to the police that the same man had performed oral sex on him. Similar to the first case, the man did not inform the second victim about his HIV-positive status.
Furthermore, a condom was not used during the act.
The accused was reportedly diagnosed with HIV in Jul 2017 and has been undergoing treatment since.
Subsequent tests that were done every six months found that the man’s viral load was “undetectable”.
A doctor from National University Hospital (NUH) gave his view that there was “effectively no risk” of HIV transmission from someone with an “undetectable viral load” during sex, even if condoms were not used.
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The man’s lawyer, Sunil Sudheesan, said his client had “erroneously thought” that he, therefore, did not need to disclose his condition to his partners.
Regardless, the court heard that the man was informed of the requirements under the Infectious Diseases Act when he was first diagnosed.
On Tuesday (7 Jun), the man was sentenced to one year’s jail for his offence under the Infectious Diseases Act.
For failing to inform his sexual partner of the risk of contracting HIV infection, he could’ve been jailed for up to 10 years, fined up to S$50,000, or both.
Even though the man was unlikely to transmit the disease, his partners have the right to know of his condition regardless.
Without knowing about the possible risks they are undertaking, one cannot make an informed decision on a matter which may affect the rest of their life.
We hope the man learns from the incident and is made aware of the severity of his actions.
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Featured image adapted from MS News.
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