the mage
Nov 20, 2007, 8:45 AM
This is again Ontario case law but the law in question is civil suit for "Battery".
That law is very similar all over N.A.
I'm not going to get into details, but in a nutshell..........
If a man goes to a play place, bathhouse, sex party, whatever, and plays with a few guys unsafely then goes home and plays unsafely with his spouse he is liable to suit for the crime of "Battery".
If she finds out after the fact that there was unsafe sex, she has the right to sue her spouse. (or the reverse too M/f).
It goes back to the reasonable man rule.
You see it is completely within reason that his activities have put her at risk of physical harm. The harm does not have to happen, IE; even if no disease is transmitted, she can upon finding him out, sue him for battery as well as divorce. She will win.
This is based entirely on him having unsafe sex and being found out, admittedly not the normal way life goes but that is the case law.
Play safe.
http://www.aidslaw.ca/EN/index.htm
That law is very similar all over N.A.
I'm not going to get into details, but in a nutshell..........
If a man goes to a play place, bathhouse, sex party, whatever, and plays with a few guys unsafely then goes home and plays unsafely with his spouse he is liable to suit for the crime of "Battery".
If she finds out after the fact that there was unsafe sex, she has the right to sue her spouse. (or the reverse too M/f).
It goes back to the reasonable man rule.
You see it is completely within reason that his activities have put her at risk of physical harm. The harm does not have to happen, IE; even if no disease is transmitted, she can upon finding him out, sue him for battery as well as divorce. She will win.
This is based entirely on him having unsafe sex and being found out, admittedly not the normal way life goes but that is the case law.
Play safe.
http://www.aidslaw.ca/EN/index.htm