more boring legal crap you should know

[the mage]

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

[shameless agitator]

Battery seems a stretch to me as that generally requires intent. In the U.S. I think he would be looking at reckless endangerment if you could get anybody to take the case.

[FalconAngel]

I tend to agree with Shameless on that one.

Battery does require intent, but reckless endangerment does not.

I know that there is currently an HIV infected soldier who is being courts marshaled for a similar charge, for having unprotected sex with fellow soldiers.

There is also a case, it was in the papers a few weeks ago I think, where one guy is being charged with attempted murder by doing the same, with intent to infect others with the virus.

[softfruit]

First up I'd better say that I'm glad someone is posting this kind of thing on bisexual.com.

But... This is quite consciously an international forum. Legal matters are very much tied to individual countries (with some variations like state-wide within the USA or EU-wide) - could you include the relevant jurisdiction as part of the thread heading on future such posts perhaps?

Ta :D