Jamaican legal expert Margarette May Macaulay has addressed a pressing question regarding legal options for individuals who have knowingly been infected with incurable sexually transmitted diseases by their partners. This response comes amid ongoing concerns about the protection of sexual health rights in the country.
The inquiry stemmed from a woman’s devastating discovery that her former partner, an asymptomatic carrier of herpes, had transmitted the incurable infection to her without disclosure. The man claimed his health status was personal business despite the profound consequences for his partner.
While Jamaica lacks specific legislation criminalizing the willful transmission of STIs, Macaulay revealed that existing legal frameworks provide potential recourse. Notably, the Child Care and Protection Act (2004) addresses transmission of communicable diseases to children, and the Sexual Offences Act (2009) specifically criminalizes marital rape when a husband knows he suffers from an STI.
Most significantly, Macaulay explained that courts have recognized that knowingly transmitting an STI can constitute causing grievous bodily harm or wounding under the Offences Against the Person Act. She emphasized that consent becomes invalid when a partner conceals their STI status, potentially elevating the offense to rape in legal terms.
The legal advocate confirmed that victims can pursue both criminal charges and civil lawsuits for damages. She encouraged affected individuals to consult with competent civil attorneys to file claims in the Supreme Court, noting that sufficient statutory provisions and case law exist to support such actions.
This legal guidance highlights the ongoing need for clearer legislation, as a 2018 parliamentary committee recommendation to amend the Offences Against the Person Act specifically for STI transmission cases remains unimplemented, leaving many victims in legal limbo.