Man jailed after giving ex-partner herpes

Sexual health charities have strongly criticised the decision to jail a man for giving his ex-girlfriend genital herpes.

David Golding, 28, admitted to causing grievous bodily harm by giving an ex-partner the sexually transmitted infection and was sentenced to 14 months imprisonment at Northampton Crown Court.

It is the first time someone has been convicted for transmitting herpes in the UK.

Mr Golding, from Braunston, Northamptonshire, knew he had genital herpes when he began the relationship with the woman in July 2009, but kept the information to himself.

His then girlfriend discovered she had the sexually transmitted disease in September of the same year, but when she confronted Mr Golding, he denied he was responsible.

Judge Michael Fowler said that the man's initial refusal to admit to the offence "placed uncertainty in his partner's life and caused suspicions to be cast on others."

The judge also condemned his behaviour as "mean and a betrayal."

"The injury you caused her by this infection is at least or more serious than an injury leaving a scar because it carries continued recurrence, extreme discomfort and consequences for relationships she will have in the future," Judge Fowler said.

Shortly before their relationship ended, Mr Golding admitted that he had caught the viral infection from a previous partner. Mr Golding, who works as a traffic officer with the Highways Agency, claimed he had been screened at a clinic and given the all-clear.

The woman said she would not have slept with him had she know about his condition.

When the man was arrested on suspicion of assaulting her, she then complained to the police about the infection - despite the fact that the relationship had continued after his revelation.

In his defence, David Everett said Mr Golding had been "extremely stupid but that he did not do this in premeditated way."

Lisa Power, director of policy at the Terence Higgins Trust, said: "This case highlights the ridiculousness of using criminal law to police disease transmission. Genital herpes is a virus that can lie dormant for years, is hard to predict or control and routinely affects thousands of people.

"Currently, we are using Victorian assault laws to criminalise disease transmission, but only when this occurs sexually.

"This is discriminatory and stigmatising and current sentencing is out of all proportion to the impact of the "offence." There is a shameful lack of understanding of sexually transmitted infections within the justice system and this case perfectly illustrates the problem."

This article was published on Wed 17 August 2011