ARE YOU GUILTY OF SEXUAL ASSAULT IF YOU DON’T TELL YOUR PARTNER THAT YOU HAVE HIV? – “There is a negligible risk of sexually transmitting HIV when an HIV-positive sex partner adheres to antiretroviral therapy and maintains a suppressed viral load of less than 200 copies/mL on consecutive measurements every four to six months. Based on our findings, relevant case law and other factors, the Department of Justice Canada concluded that the criminal law should not apply to people living with HIV who maintain a suppressed viral load of less than 200 copies/mL.” Justice Canada also concluded that the criminal law should generally not apply to those who use condoms, among others.” This is consistent with the Supreme Court decision.

There is a negligible risk of transmitting HIV during sex when a person living with HIV is on antiretroviral therapy and maintains a viral load under a specific threshold, according to a study in CMAJ (Canadian Medical Association Journal).

Source: Negligible risk of transmitting HIV during sex when viral load is suppressed