Do you discuss your sexual health with your sexual partners?

The Supreme Court of Canada is set to hear the case of two HIV-positive Canadians who did not disclose their medical condition to their sexual partners.

Lawyers for one of the convicted, Winnipeg-based Clato Mabior will make their case Wednesday.  Mabior was sentenced to prison in 2008 for 14 years after he was found guilty of having unprotected sex with four females and protected sex with two others.

Mabior's convictions hinged on his failure to inform his sexual partners that he has HIV. Four of the convictions were later overturned on appeal.

The Supreme Court will also hear arguments from lawyers representing a Quebec woman who had unprotected sex with her former spouse without first informing him that she was HIV-positive.

In an interview with Heather Hiscox on CBC News Now, HIV AIDS activist Tim McCaskell said that finding the appellants guilty runs the risk of criminalizing those with HIV regardless of their levels of infection risk or extenuating circumstances.

"It would mean that people who have done absolutely nothing to harm anyone else, who for a number of reasons might not want to disclose their status, could find themselves charged with very serious criminal offenses," said McCaskell.

He said that a legal requirement for disclosure will likely discourage people from getting tested in the first place, preventing people who unknowingly carry HIV from properly treating themselves and increasing their risk of infecting others in the process.

Hiscox read a viewer comment from Richard Davey, who wrote: "I believe anyone with HIV should be legally required to inform sexual partners of their condition so that they may assess the risk for themselves, and determine if the risk (however large or small) is acceptable to them."

"I think a partner who is engaging in sexual relationships with someone they don't know that well has already assumed a certain amount of risk," responded McCaskell.

Do you discuss your sexual health with your sexual partners?

Is it too difficult a topic to bring up while in the heat of the moment - or is it too important not to bring up?

Take our poll, and then let us know what you think in the comments section below.


(This survey is not scientific. Results are based on readers' responses.)