Criminal responsibility for the non-disclosure of HIV-positive status before sexual activity.
Bibliographic record
Abstract
In 2012 the New Zealand Court of Appeal, in a radical change in direction, held that the non-disclosure of HIV-positive status prior to unprotected sexual relations could amount to fraud vitiating consent, so that the offence of sexual violation is committed. The court applied R v Cuerrier [1998] 2 SCR 371, a controversial Canadian decision, which held that for the offence to be established the Crown has to establish that the dishonesty had the effect of exposing the person consenting to "a significant risk of serious bodily harm". In 2012 in R v Mabior [2012] SCC 47 the Supreme Court of Canada reviewed the correctness of its own decision in Cuerrier. The court considered first whether, in holding that non-disclosure of HIV can make sexual intercourse non-consensual and lead to conviction for the serious offence of aggravated sexual assault, Cuerrier overextends the criminal law. Secondly, the court considered issues left open in Cuerrier: whether condom use and/or a low viral load in the partner with HIV prevents failure to disclose HIV status before intercourse from posing "a significant risk of serious harm". This column analyses these two recent high-level decisions.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.002 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".