## Facts

- Mr. Konzani, knowing he was HIV positive, engaged in unprotected sexual activity with multiple women without disclosing his HIV status.
- The women agreed to sexual intercourse but were unaware of the risk of HIV transmission.
- The case centered on whether agreement to sexual activity constituted consent to the risk of contracting HIV and whether failure to disclose HIV status invalidated such consent.
- The court considered the legal requirement for consent in sexual activity involving known risks, specifically serious illness.

## Issues

1. Does consent to sexual activity amount to consent to the risk of HIV transmission when the HIV-positive status is undisclosed?
2. Is valid consent to sexual intercourse contingent upon awareness of the specific risk of infection?
3. Does the failure to disclose HIV status to a sexual partner constitute dishonesty that vitiates consent?
4. How does the distinction between consent to sex and consent to health risks affect criminal liability?

## Decision

- The Court of Appeal held that valid consent to sexual activity, in the context of HIV transmission, requires the partner to be informed of the HIV-positive status.
- Consent to sex does not automatically include consent to the risk of contracting HIV when the risk is not disclosed.
- Concealing HIV status was found to invalidate the consent given by the sexual partners.
- Mr. Konzani was held criminally liable for inflicting harm as the consent obtained was not informed.
- The ruling emphasized the necessity of openness about health risks for valid consent.

## Legal Principles

- Informed consent is required for valid agreement to sexual activity where transmission of serious illness, such as HIV, is possible.
- Consent given to sexual intercourse does not extend to undisclosed material risks, notably the risk of disease transmission.
- Failure to disclose HIV-positive status constitutes dishonesty that vitiates legal consent, resulting in criminal responsibility for resulting harm.
- The principle of separating agreement to the sexual act from agreement to specific risks underpins liability for non-disclosure cases.

## Conclusion

R v Konzani established that informed consent is essential in cases of HIV transmission during sexual activity; hiding one’s HIV status invalidates consent and attracts criminal liability, shaping subsequent case law and health education regarding sexual relationships and disclosure obligations.


R v Konzani [2005] EWCA Crim 706