Background
The case involved Henry Cuerrier, a man from British Columbia who tested positive for HIV in 1992. He subsequently had sexual relationships with two women, in which he neither disclosed his HIV status nor used condoms to protect his partners. Both women later learned of Cuerrier's HIV status, and Cuerrier was subsequently charged with aggravated assault even though both women subsequently tested HIV-negative.
Under Canadian law, a charge of aggravated assault requires proof that the defendant's actions endangered the life of the complainant, and that the force must have been intentionally applied. Cuerrier, whose case was based on the fact that both women had consented to have unprotected sex with him, was acquitted in the initial court hearing. On appeal to the British Columbia Court of Appeal, the first court's ruling was upheld.
Read more about this topic: R. V. Cuerrier
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