HIV-positive people who take proper medication and use condoms do not need to disclose their status to sex partners because there is no realistic possibility of transmission, the Supreme Court of Canada ruled Friday.
The ruling updates a 1998 Supreme Court decision that said a person must disclose a HIV-positive status before engaging in sexual contact that carries a significant risk of harm or risk facing criminal charges.
Supporters of those living with HIV had argued the current law put in place 14 years ago didn’t address advances in drug therapy that can make the transmission risk nearly impossible. The landmark decision made in 1998 ruled that HIV-positive individuals share their status with partners or else face a charge of aggravated sexual assault.
Crown attorneys had argued that regardless of the risk of transmission, the medical information must be disclosed to allow partners to decide whether they want to risk contracting the virus.