Ask Jake

Question: Can someone be charged if they have sex without telling their partner they’re HIV positive?

 Answer:

 Hi there,

Thanks for writing to us. 

In Canada, people are legally obligated to disclose their HIV status if the sexual activity taking place will put their partner at significant risk of HIV exposure.  What constitutes “significant risk” is controversial, but most cases of people being charged include unprotected anal and vaginal sex.   

The criminalization of HIV, as this is sometimes referred to, is something that as an organization we are very concerned about.  We believe it increases stigma (negative judgement) around HIV, marginalizes people who are HIV positive–many of whom already have other barriers in their lives–and can make HIV a scarier thing than it needs to be.  Cases where someone intentionally spreads HIV by deliberately not telling their partners of their HIV status are very rare.  For the most part, things are much more complicated and people are often charged unfairly. 

Something important to think about is that most often when HIV is passed from one person to another it happens when the positive person does not know they have HIV.  Many people who are HIV positive know how to take precautions to protect their partners, and may be on anti-retroviral medications that lower their viral load and make the chances of them passing the virus on very low.  However, the government recently released a statistic that 27% of HIV+ people in Canada don’t know that they have HIV.  The only way to know if you have HIV is to get tested and HIV doesn’t show up on tests until someone has had it for up to three months.  Also, lots of people don’t get tested, so there are many ways it gets passed on without people’s knowledge. 

This is why it’s important never to assume someone’s HIV status and to always practice safer sex, rather than relying on someone to tell you whether they have HIV or not.  Sexual health and safer sex is everyone’s responsibility!  The only person who can keep you safe is you.

To learn more about HIV and how to get tested, please click here. 

 Please let us know if you have any further questions or if you’d like to talk to someone further about this.  To access our Support Program please click here. 

 Take care,

 Jake

Question: What should I do if a condom breaks or slips off?

Answer:

Hi there. I’m glad you felt comfortable asking this question.

First of all, take a deep breath. A condom breaking or slipping off will not always lead to someone getting HIV or another STI. For example, for someone to get HIV when a condom breaks, several things would have to occur.

First of all, their partner would need to be HIV positive and have a high enough viral load. Secondly, enough of their partner’s body fluid would need to get directly into their bloodstream and this would need to happen very quickly because HIV dies in less than 30 seconds when exposed to oxygen. Even if their partner was HIV positive and body fluids were exchanged, this will not always lead to HIV being passed from one person to another.

To learn about how HIV is passed, click here.

As well, if there is a risk of pregnancy involved, a broken condom or one that slips off will not always lead to an egg being fertilized. Whether or not someone gets pregnant when a condom breaks depends on a number of factors, such as where the woman is in her cycle (whether she has recently ovulated or released an egg), how much semen leaked from the broken condom, and so on. Even unprotected sex does not always lead to pregnancy, although it is definitely a risk each time.

If a condom breaks, here are some steps you can take to be as safe as possible:

• Try adding more water based lube to the condom

• If condoms breaking or slipping off has happened more than once, consider exploring other kinds and sizes of condoms

• Go to a clinic for STI tests. For a female-bodied person this will usually involve a cervical swab (the cervix is at the top of the vagina). You may also want to get a pap test at the same time if you haven’t had one before or are due for your next one. Pap tests look for pre-cancerous cells and are very important for all female-bodied people who are sexually active. For male-bodied people, STI tests will usually involve a urine test. Remember that an HIV test is separate and you will have to ask for it.

• Get an HIV test – remember that you would have to get tested 3 months after the condom broke to ensure the test is accurate. For more information on HIV testing, please click here.

• If pregnancy is an issue, you or your partner could take the morning after pill, which is also known as Plan B. The morning after pill works by preventing pregnancy, so if someone has already become pregnant by the time they take it it won’t have any effect. Therefore its best to take it as soon as possible after unprotected sex or if a condom breaks. In other words, it can be taken up to 120 hours (5 days) after sex, but the sooner someone takes it the more effective it is.

Plan B is now available at pharmacies without a prescription, so anyone can buy it at places like Safeway, London Drugs, Walmart, or their local pharmacy. It usually costs between $20-$40. It’s also available more cheaply and often for free at youth and sexual health clinics. Someone of any gender can buy Plan B. I’ve attached an information sheet from Options for Sexual Health that gives a bit more information about Plan B and you can find more information about pregnancy and birth control here: http://www.optionsforsexualhealth.org/birth-control-pregnancy

Please let us know if you have any further questions or if you’d like to talk to someone further about this. To access our Support Program please click here.

Warmth,

Jake