To Disclose Or Not To Disclose?

Local News, By Joal, 24th June, 2008

A Victorian man knowingly risked the health of sexual partners by not revealing his HIV positive status, the Victorian County Court heard today.

49 year old accused Michael Neal denies the claim, and reportedly told Department of Human Resources (DHS) representatives that he only ever engaged in sexual activity with HIV positive people, or those aware of his HIV status.

The DHS however says it was notified of Mr. Neal and the possibility that he was knowingly and ‘recklessly spreading HIV’.

The DHS claims that its representatives repeatedly reiterated that Neal needed to practice safe sexual practices.
Neal has stated that in using ‘beats’ or sex-on-premises venues, he would always ask persons involved if they were aware of the risks of having unsafe sex, but would stop short of telling them he was HIV positive.

Although prosecutor Mark Rochford claimed the evidence to follow in court today would prove Neal set out to deliberately infect others and not disclose his HIV status, the case raises questions about the responsibility of sexual partners to be responsible for their own sexual health and engage in safe sexual practice, regardless of a person’s ‘status’.

The court has also seen claims of Neal having ‘sex parties’ to deliberately infect others, and that an obsessed partner registered himself as a rottweiler with his local council to engage in a ‘master dog’ relationship.

Before being charged, Neal was ordered by the DHS acting chief health officer to report to the DHS on a daily basis and was barred from venues where men were known to have sex. Neal reportedly became distressed at the restricted measures placed on him, and asked the DHS to stop interfering in his life and report any concerns they had to the police if they wished.

As the trial continues, Neal has pleaded not guilty to 34 charges, two of which claim he knowingly infected individuals.

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