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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Can I be sue becos I HIV poz undectable after 7 years, In

Customer Question

Can I be sue becos I HIV poz undectable after 7 years
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: In Victoria Melbourne
JA: Has anything been filed or reported?
Customer: No nauthing the other party take and inject The Drug ice every day and have multiple sex partner with no precaution and noe want to sue me after 7 year
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Australia Law
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 4 months ago.
Out off the bleu got a text message saying that a guy call Paul and heath say they taking to a Lawer and the police and will see me in court I am no recollection of knowing those peoples they're supposed to be HIV poz and now blame me and want compensation
Expert:  Leon replied 4 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 4 months ago.

Good evening.

If you do not tell your sexual partner about your status and have unprotected sex you can be charged with assault.

It is a criminal offence.

The following is taken from the link below.

Criminalisation

There are laws across Australia which can be used to charge an individual with recklessly, negligently or deliberately exposing someone or transmitting HIV to another person. In Australia, state and territories have the authority enact and enforce criminal laws. Some jurisdictions have specific offences relating to transmission, while in others HIV-positive people have been charged with offences such as causing ‘grievous bodily harm’.

AFAO has long advocated against the criminal prosecution of people with HIV. Prosecutions relating to sexual transmission of HIV undermine public health efforts and stigmatise people living with HIV as dangerous and harmful. This has the effect of discouraging key populations from accessing testing and engaging with the health system.

AFAO’s Background Briefing: Application of Australian Criminal Laws in Cases of HIV Sexual Transmission and Exposure (2015) [Create hyperlink to document on new site] summarises key policy issues and potential responses.

https://www.afao.org.au/about-hiv/hiv-and-the-law/

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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Regards
Leon

Customer: replied 4 months ago.
It was a mutual consent and when he left did here from him hecnot my partner because he use and blast every day share needle and have unprotected sex with many other man and 7 year later run out of money want to sue me I am been undectable for 10 year I don't thinks I am to blame when I disclose its was OK and becos I refuses to have sex again I received a threatening TeXt message I don't know those peoples
Expert:  Leon replied 4 months ago.

Good Morning.

If you have disclosed your status and he has agreed then you are ok, but remember that it is your word against his unless you have evidence in a text to back up what you are saying.

You should get your own solicitor if and show him what your communications with this person are so they are ready if you are asked to go see the police.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon