R v B [2007] EWCA Crim 2634

Court of Appeal

Facts: The case involved a conviction for rape where the non-disclosure of the defendant’s HIV status was a key issue. The complainant argued that had she known about the HIV status, she would not have consented to the sexual activity.

Held: The Court of Appeal ruled that the non-disclosure of HIV status did not automatically vitiate consent. The court found that the failure to disclose the HIV status did not directly impact the nature of the sexual act in a way that would constitute rape.

Key Quote: The Court observed that "failure to disclose HIV status does not automatically invalidate consent unless it impacts the nature of the act."

💡Leveluplaw: This case clarified that non-disclosure of health status, such as HIV, does not necessarily affect the validity of consent unless it directly impacts the nature of the sexual act itself.