What are the implications of exposure-without-disclosure charges expanding from the realm of HIV to other STIs such as herpes? In the case of HIV, the problematic nature of these cases is obvious. HIV is comparatively difficult to transmit, and it's completely possible and in fact commonplace for people with HIV to responsibly engage in protected/negligible-risk sex without having to tell anyone their personal medical information. Sex with a person with HIV is not intrinsically dangerous, but because of the vast amount of misinformation, discrimination and stigma surrounding HIV, people who disclose their status may be exposed to serious personal risk. And there is an increasing medical consensus that many HIV-positive people on successful medical treatment may not even be capable of transmitting HIV even in instances of unprotected sex.
But herpes is different. First, it's far more common than HIV -- which means many more people could potentially face charges. There were roughly 65,000 people with HIV across Canada in 2008, according to the Public Health Agency of Canada (PHAC). There are no official Canadian statistics on the number of people with herpes, because unlike other STIs such as gonorrhea, hepatitis C and syphilis, it isn't even considered a reportable condition by public-health authorities. But the World Health Organization estimates that herpes affects over 500 million people around the world. Some US figures say the numbers there may be as many as 1 in 4 women and 1 in 5 men.
And herpes is much easier to transmit. As the College of Family Physicians of Canada notes on their website, "Genital herpes is spread easily. The virus from an infected person can enter your body by passing through a break in your skin or through the tender skin of your mouth, penis or vagina, urinary tract opening, cervix, or anus. Herpes is most easily spread when blisters or sores can be seen. But it can be spread at anytime, even when there aren't any symptoms."
Outrageous.
