Non-consent with deceptive HIV partner

Philosophies of a Disenchanted Scholar

England and Wales criminalise the harm caused by infecting another with HIV. In R. v. Dica, 58 the Court of Appeal held that, where a person, A, knows he or she carries HIV (or any othersexually transmitted disease), and engages in consensual sexualrelations with another, B, without informing B of the fact he or she is HIV-positive, and not intending to infect B, A will be liable for conviction under section 20 of the Offences against the Person Act 1861, for inflicting grievous bodily harm on B. If B did know of A’s HIVpositive status, she could be taken to have consented to that harm being inflicted; but where A undertook a concerted campaign of infection, B could not consent to that infection. source
I think it should also count as rape, because no consent.
However the Appeal Court judges…

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