14 months in jail for giving lover herpes

gerry · **Joined:** 01 May 2011, 20:52 **Posts:** 1559

Today's Metro reports, that a person, has been jailed for 14 months for passing on genital herpes to his girlfriend. The accused admitted causing grievous bodily harm by giving the sexually transmitted infection to his now ex partner. It is reported that this is the first time someone has been convicted here for passing on herpes. The person was said to have kept his infection a secret. The victim reported their infection to police in March 2010.

In Britain circa 6 million people have genital herpes and up to 40 million may have picked up herpes simplex on the face, known as cold sore, the paper reports.

Will this case now set a precedent for those that became infected by a partner to report it to the police and for the police to arrest and refer to the Crown Prosecution Service.

I would in no way trivialise the impact that getting genital herpes would have on a person, but I am not sure that such a sentence is the way forward or is a cautionary lesson on what level of protection one should take or that full disclosure of ones state of health is now a legal requirement.

dropoutguy · **Joined:** 29 Sep 2010, 23:23 **Posts:** 346

Absolutely agree.

derogatory · **Joined:** 28 Sep 2010, 20:55 **Posts:** 3165

Yes I saw the headline, though I didn't read the story. It's difficult to comment without knowing many details.

There are two main viruses herpes simplex type 1 (which mainly affects the mouth) and herpes simplex type 2 (which mainly affects the genitals), although in fact both can cause genital herpes. It's true millions of people will be infected with the virus - it's commonly asymptomatic and when it does cause symptomatic illness, this usually resolves by itselves. Although you will always remain infected with the virus. That said it is generally only infectious a period of time before and after the person has symptomatic disease.

In other words - it is possible the convicted person had type 1 virus which in him only caused oral symptoms, but caused genital symptoms in the partner. If that were the case, it's not unlikely he did not think himself infectious. It is also possible that although he was infectious, at the time he had no symptoms and so had no reason to think himself infectious. If they did have visible lesions - why did the partner not notice them and, well, question it?

Although there is no treatment and it may be uncomfortable, generally it is not, in most people, a serious illness; it will usually resolve by itself eventually. So I wonder what happened to justify a charge in the first place...?

Finally, there is the question of where the herpes came from. Whilst one partner may assert they only had intimate contact with the other partner, can we be sure of that? Presumably the viruses from the two partners were genetically matched to prove the other partner was indeed the sources of the infection - though I don't really know if that is possible in herpes simplex, I guess so...

Beefheart · **Joined:** 29 Sep 2010, 13:50 **Posts:** 2863

Christ I've just got over Herpes (Zoster) virus ie Shingles if I'd passed that on would I have been jailed!

derogatory · **Joined:** 28 Sep 2010, 20:55 **Posts:** 3165

Oh dear, that's a whole lot more nasty. Glad you're ok!

barnardhobbit · **Joined:** 29 Sep 2010, 21:19 **Posts:** 4278

Beefheart wrote:

Christ I've just got over Herpes (Zoster) virus ie Shingles if I'd passed that on would I have been jailed!

It is a virus that most people have that lies dormant and once caught which is most of the population will have it for live.

Shingles comes from the same virus as chickenpox which both are related to Herpes. .

Although Shingles is said not to be infectious but people who have not had chickenpox can catch
it from someone who has Shingles if in direct contact with the sores.

A vaccine will soon be available to prevent shingles.

Nigel Scott, of the Herpes Viruses Association, said there are around 75,000 new cases of the disease every year.

And he added: "Will children also now be prosecuted for giving their friends chicken pox?

"This case sets back the normalisation of this trivial infection by years. I had thought such a farcical scenario could
only happen in America, never in Northampton."

This sentence is outrageous but the guy should never had pleaded guilty and can now only appeal about the length of sentence,

dp · **Joined:** 06 Oct 2010, 22:03 **Posts:** 1076

Interesting. I wonder if this means I can retroactively sue a former employer for allowing infectious diseases to circulate in the workplace.

derogatory · **Joined:** 28 Sep 2010, 20:55 **Posts:** 3165

That's right, you cannot 'catch' shingles. Although someone with shingles can infect someone else and they will get chicken pox. Shingles can have very serious complications, though.

barnardhobbit · **Joined:** 29 Sep 2010, 21:19 **Posts:** 4278

derogatory wrote:

That's right, you cannot 'catch' shingles. Although someone with shingles can infect someone else and they will get chicken pox. Shingles can have very serious complications, though.

I had Shingles it can be unpleasant and I made sure that I did not have any contact with any young children.

Its said that is not easy to catch Chickenpox from someone with Shingles unless they come into direct contact with the sores.

You normally can only catch Chickenpox once in you life that is why some parents arrange "Chickenpox Parties"
so they all catch it at the same time but catching it as an adult can be much worse and can lead to infertility.

derogatory · **Joined:** 28 Sep 2010, 20:55 **Posts:** 3165

barnardhobbit wrote:

some parents arrange "Chickenpox Parties"

any excuse for a party.

ianrobo · **Joined:** 28 Sep 2010, 15:55 **Posts:** 5268

the guy knew, and he quite deliberately infected his partner and probably wanted to

that is GBH

Richmond Chedozie · **Posted:** 19 Aug 2011, 07:37

What if this was HIV would the man deserve life ? I certainly think so.

barnardhobbit · **Joined:** 29 Sep 2010, 21:19 **Posts:** 4278

Richmond Chedozie wrote:

What if this was HIV would the man deserve life ? I certainly think so.

The point here is that we are no talking about HIV here but genital herpes that 25% of sexually active people
have in the UK or 10% of the whole population (6 Million) have.

Most of the time its dormant but can recur but generally the bodies immune system normally can cope with
it and controls it very successfully.

Anyone (50%) of people who has had a cold sore can pass it on to another as genital herpes.

Its effects are mild (Flu Like) but most people do not even know that they have it, its not live threatening
and is transferable to others only when its active and sores are present.

We would not put people in prison for passing on Flu (Which does Kill) so why this virus infection ?

Professor George Kinghorn, GU consultant in Sheffield is quote as saying
"What I am suggesting to you is that to be infected with a herpes simplex virus is a state of normality.
We tend to make this into a big deal instead of to say that to be infected with herpes virus is something
that happens to all adults, some with symptoms and some of us without"

There are several other related viruses including Human herpesvirus 6 and 7 which by the age of three
almost all children will have caught from adults.

It's not the only infection that stays with us once we catch it - chickenpox and glandular fever being examples.

The long term answer is a vaccine or should we all return to no sex outside of marriage and one partner for life ?

Beefheart · **Joined:** 29 Sep 2010, 13:50 **Posts:** 2863

derogatory wrote:

Oh dear, that's a whole lot more nasty. Glad you're ok!

Thanks, its took 4 weeks with no medication given by the quack apart from painkillers I bought over the counter !

Beefheart · **Joined:** 29 Sep 2010, 13:50 **Posts:** 2863

barnardhobbit wrote:

derogatory wrote:

That's right, you cannot 'catch' shingles. Although someone with shingles can infect someone else and they will get chicken pox. Shingles can have very serious complications, though.

I had Shingles it can be unpleasant and I made sure that I did not have any contact with any young children.

Its said that is not easy to catch Chickenpox from someone with Shingles unless they come into direct contact with the sores.

You normally can only catch Chickenpox once in you life that is why some parents arrange "Chickenpox Parties"
so they all catch it at the same time but catching it as an adult can be much worse and can lead to infertility.

This happened in an episode of Southpark - when the kids found out they infected their parents back via a prostitute with Herpes who went round their houses doing all sorts of horrible things...

Richmond Chedozie · **Posted:** 19 Aug 2011, 13:07

Beefheart wrote:

derogatory wrote:

Oh dear, that's a whole lot more nasty. Glad you're ok!

Thanks, its took 4 weeks with no medication given by the quack apart from painkillers I bought over the counter !

Perhaps you will wear protection in future.

Fergus · **Joined:** 29 Sep 2010, 11:52 **Posts:** 834

Richmond Chedozie wrote:

Beefheart wrote:

derogatory wrote:

Oh dear, that's a whole lot more nasty. Glad you're ok!

Thanks, its took 4 weeks with no medication given by the quack apart from painkillers I bought over the counter !

Perhaps you will wear protection in future.

Are you suggesting full-body condoms (a la Naked Gun), so that no infectious disease can ever be transmitted to anyone, by anyone? Not sure it'd be entirely practical.

derogatory · **Joined:** 28 Sep 2010, 20:55 **Posts:** 3165

Richmond Chedozie wrote:

Beefheart wrote:

derogatory wrote:

Oh dear, that's a whole lot more nasty. Glad you're ok!

Thanks, its took 4 weeks with no medication given by the quack apart from painkillers I bought over the counter !

Perhaps you will wear protection in future.

?? As we've discussed above shingles is not transmissible - sexually or otherwise. "protection" is quite irrelevant.

LiKW · **Joined:** 30 Sep 2010, 19:43 **Posts:** 2292

Fergus wrote:

Are you suggesting full-body condoms (a la Naked Gun), so that no infectious disease can ever be transmitted to anyone, by anyone? Not sure it'd be entirely practical.

I don't know...

derogatory · **Joined:** 28 Sep 2010, 20:55 **Posts:** 3165

Fergus wrote:

Are you suggesting full-body condoms (a la Naked Gun), so that no infectious disease can ever be transmitted to anyone, by anyone? Not sure it'd be entirely practical.

See the story of David Vetter who suffered from SCID and lived in a bubble. picture

derogatory · **Joined:** 28 Sep 2010, 20:55 **Posts:** 3165

ianrobo wrote:

the guy knew, and he quite deliberately infected his partner and probably wanted to

that is GBH

ianrobo wrote:

the first of many to be released and cue the mock howls of outrage from the Daily Mail not understanding what a true justice system is and not at the hands of politicans or the the pitchfork brigade

A funny world view Ian has, where people who participate in riots should be handled with care, whereas some guy who passes on a very common and relatively harmless virus is somehow guilty of GBH...

ianrobo · **Joined:** 28 Sep 2010, 15:55 **Posts:** 5268

no, because in neither cases you do not have the full facts. In the case of the herpes he knew 100% he had them and passed them on, no idea of the motivation but would think that came out in court.

As the second, nicking one tshirt in any terms is not fit to be jailed and probably does more damges, Now hwo about a tough community sentence on the streets of Camden or wherever ?

derogatory · **Joined:** 28 Sep 2010, 20:55 **Posts:** 3165

ianrobo wrote:

no, because in neither cases you do not have the full facts. In the case of the herpes he knew 100% he had them and passed them on, no idea of the motivation but would think that came out in court.

As the second, nicking one tshirt in any terms is not fit to be jailed and probably does more damges, Now hwo about a tough community sentence on the streets of Camden or wherever ?

Ian millions of people have a sexually transmitted disease. Some proportion do not know that they are infected, but many do - and they go on to have sex and sometimes infect someone else. Do you think we should lock them all up?

It's nonsensical to think someone actually set out intentionally to infect someone with herpes. It's just not the way to be sure of harming somone if that's what you were aiming to do...

Also when people say GBH, I usually think of people getting their face mashed in. What exactly is so "greivous" about this herpes infection...

Theft is always a choice.

ianrobo · **Joined:** 28 Sep 2010, 15:55 **Posts:** 5268

"The accused admitted causing grievous bodily harm"

the 'admitted' gives it away really

gerry · **Joined:** 01 May 2011, 20:52 **Posts:** 1559

Given the fact that the police had arrested you, interviewed you under caution, sent an evidence file to the Crown Prosecution Service had advice back to charge you and then being sent to trial, I would have thought my best option in such a ridicolous situation would be to plead guilty on the assumption that I would get a complete or conditional discharge or even a bit of community service, If I pleaded not guilty and was found guilty I would have expected to have got a harsher sentence than a conditional discharge or a bit of community service.

Some times it makes sense within the criminal justice system to plead guilty, when one is not guilty, rather than risk being found guilty, when not guilty and thus getting a higher sentence.

Law and justice are two separate things.

Of course our judicial system maybe 100% perfect and thus never has an innocent person been convicted of a crime and that no innocent person is serving a custodial sentence.

Though I must admit that I might have given more than 14 months in prison to the originator of the virus that knackered my lap top a few months ago.

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