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Ending the epidemic for whom? This guide is designed to answer some of your questions about HIV disclosure and the law in Canada.
Most of it is about criminal law. It Fuckdate in canada has Fuckdate in canada about disclosure and other areas of law, for example: The difference between legal information and legal advice is important.
Legal information can help you understand the law and legal options, but it is general. Legal advice is specifically about your situation and can help you to decide what to do. If you Fuckdate in canada or need legal advice you should talk to a lawyer.
This guide was written in Marchand updated in May to include important new information from court cases about the criminal law Fuckdate in canada HIV non-disclosure. But the law can change at any time. You can contact a lawyer to get up-to-date legal Fuckdate in canada and legal advice. This guide Fuckdate in canada you information about the law so that you can make more informed decisions about your life and your sex life.
It offers guidance to help you protect yourself from being charged with an HIV non-disclosure criminal offence. Living with HIV comes with responsibility. Fuckdate in canada many people who have access to good-quality medical care and treatment, HIV is now a chronic, manageable infection. However, there is no cure for HIV yet. Without proper medical care and treatment HIV can still lead to serious illness and death. And we know that HIV can be transmitted during sex. The law requiring disclosure before having sex is very strict, Fuckdate in canada the criminal law.
The Supreme Court of Fuckdate in canada made the criminal law Fuckdate in canada stricter with two decisions it released in October Because you are HIV-positive, the law can affect your sex life. But when you know what the law says, you can make better decisions and potentially avoid legal problems. So knowing about the criminal law may help you have a safer and more satisfying sex life. Living with HIV can complicate sex, dating and relationships. Telling another guy you have HIV can be really difficult.
You may find that disclosing your HIV status gets easier the more you do it. Or you may never find it easy to disclose. Fuckdate in canada a guy does not want to have sex with you or date you because you are HIV-positive, it is his loss. But he is entitled to make that choice.
Discrimination means treating a person differently from other people based on a personal characteristic, so that the person does not get what he legally deserves. There are laws that may protect you from discrimination.
The two most important laws are:. These laws prohibit discrimination against you because you are gay Fuckdate in canada because you have HIV. Anti-discrimination laws may also protect you from discrimination because of your race, ancestry, place of origin, ethnic origin, colour, citizenship, religion, sex, sexual orientation, age, marital status or family status, and mental or physical disability.
Some anti-discrimination laws may also protect you from discrimination based on your source of income and may protect you from discrimination based on a criminal record.
Here are examples of some people and organizations that may be prohibited from discriminating against you:. The Canadian Charter of Rights and Freedoms is a constitutional document with a whole set of laws that can help you if a law, the government or an organization that is part of government discriminates against you.
If you think someone has discriminated against you or violated your rights, you can contact the human rights agency in your province or territory, or the Canadian Human Rights Commission. For legal advice about your human rights, contact a lawyer who practices human rights law.
This section is about the criminal law, sex and HIV in Canada. It explains when you have a legal duty to disclose your HIV infection to the guys you have sex with.
Even if the law says you have a legal duty to disclose, it is still up to you to decide whether to disclose your HIV. So this section also explains the potential legal consequences you may face if you have a Fuckdate in canada duty but Fuckdate in canada not disclose.
A person with a Fuckdate in canada record may not be able to travel to some countries. And he may not be able to get some types of jobs. If he is not a Canadian citizen, immigration authorities may be able Fuckdate in canada deport him. Please note that the focus of this guide is criminal law, sex and HIV. This guide does not cover all the legal issues about HIV and disclosure.
For example, there is likely a legal duty Fuckdate in canada disclose before sharing needles to inject drugs. Speak to a lawyer for information or advice about other legal issuesincluding other HIV disclosure issues.
So sometimes it can be really hard to figure out if you have a legal duty to disclose. Here are some things to consider when you try to figure out the risk of passing on HIV during sex:. You can reduce the risk of passing on HIV by properly using latex condoms and water-based lube. A viral load test measures the amount of HIV in your blood.
The higher your viral load the more likely you are to pass on HIV during unprotected sex. Research has shown that people who are successfully taking anti-HIV medications significantly reduce Fuckdate in canada chances of passing on HIV Wife swapping in Porto Nacional sex.
Blood, cum, pre-cum and ass fluid: The blood, cum, pre-cum and ass fluid from a guy living with HIV can contain enough virus to infect another person with HIV. Sexually transmitted infections STIs: Although this guide was written for gay Fuckdate in canada, vaginal sex is the starting point for understanding your legal duty to disclose — because the Supreme Court has never decided a case about gay men, anal sex or oral sex. An undetectable viral load means 40 or 50 copies or less of HIV, depending on the test used.
Anal sex, in some circumstances, poses higher risks of transmission Fuckdate in canada vaginal sex, so the duty to disclose is at least as strict as for vaginal sex. At this time, we cannot say for sure if using a condom and having a low viral load will be enough to avoid convictions for non-disclosure before anal sex.
Even if the law treats anal sex the same way it treats vaginal sex no duty to disclose when a condom is used and the person with HIV has a low viral loadwhat happens if the condom breaks during anal sex that takes place where a condom is used and the person with HIV has a low viral load?
You might have a duty to disclose in this situation as soon as the condom breaks. But be aware that disclosure after a broken condom may increase the risk that your sex partner will Fuckdate in canada the police, which may lead to you being charged with a criminal offence.
Or your Fuckdate in canada partner may react badly, which could lead to conflict or violence. Generally speaking, blow jobs carry a lower risk of HIV transmission than vaginal sex. Unfortunately, we cannot say for sure whether you Fuckdate in canada a legal duty to disclose before giving or receiving a blow job without a condom.
And we are not sure how the courts will look at viral load and HIV in relation to oral sex. A guy almost certainly does not have a duty to disclose before rimming another guy, or getting rimmed by another guy. There has never been a documented case of HIV being passed on by rimming. But, as far as we know, a court has never decided a case about rimming, so we cannot say with absolute certainty that there is no duty to disclose before rimming or getting rimmed.
There is a risk that you might be charged and convicted for not telling him that you have HIV. This type of legal case is based on the theory that:.
Re-infection is hard to study. Only a few dozen medical cases of re-infection have been identified with certainty. Nobody knows how often re-infection happens. Do these guys have a duty to disclose? As far as we know, all the legal cases in Canada have been about people who knew their HIV-positive status before the criminal charges were brought against them.
Fuckdate in canada a criminal case, the Crown prosecutor must prove beyond a reasonable doubt that the accused person committed a crime. This means that the Crown prosecutor must present the court with evidence. The Crown prosecutor can use almost anything you tell someone else about Fuckdate in canada sex life as evidence against you in a criminal case.
So think carefully before you talk to anyone about HIV disclosure and the sex you have had. The only exception is a lawyer because other than in extremely rare circumstances everything you say to a lawyer is confidential and cannot Fuckdate in canada used against you in court. Here are some other things that you can do to help reduce the risk of passing on HIV and that might help reduce your risk of getting in trouble with the law:.
Do not assume that the guy you want to have sex with knows that you are HIV-positive. Here are some reasons why you might think that he knows, and the reasons why you might be wrong:. If you are going to disclose your HIV infection to your sex partner, here are two things you can do to make it count:.
Under the criminal law, you also have to have an honest and reasonable belief that the guy agreed to have sex with you. So you must take reasonable steps to find out if he is too drunk or too high on drugs to agree to sex. If he is too drunk or high to agree to sex, then you could be charged with sexual assault. That is the law for everyone, not just for people living with HIV. Even if you told a guy before sex that you are HIV-positive, after you have sex he might lie and say you never told him.
He could go to the police and file a criminal complaint against you—even if what he is saying is Fuckdate in canada true. Here are some things you can do before you have sex that may protect you against criminal charges.
These strategies might help you prove you disclosed your HIV infection to the guy if he accuses you of not disclosing.
We realize that some of these strategies might not be practical Fuckdate in canada hot before that first hook up, but the law is severe and these are some options. It is up to you to decide what strategies would work best for you.
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