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Man gets prison for passing on STD

  • 17-08-2011 09:15PM
    #1
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    http://www.dailymail.co.uk/news/article-2026598/David-Golding-gave-girlfriend-Cara-Scott-herpes-JAILED-14-months.html
    A traffic officer who knowingly gave his girlfriend herpes has been jailed for 14 months.

    David Golding, 28, kept quiet about the sexually transmitted infection when he began a relationship with 24-year-old Cara Scott two years ago.

    Within two months she was diagnosed with the incurable condition and confronted him.

    But Golding, who worked for the Highways Agency, denied he was responsible.

    He only admitted the truth shortly before the relationship ended early last year.

    Golding’s sentence after pleading guilty to grievous bodily harm was yesterday attacked as ‘outrageous’ by sexual health charities, which said the ‘trivial’ condition was being wrongly stigmatised.

    But Judge Michael Fowler said Golding’s initial refusal to admit passing on herpes ‘placed uncertainty in [Miss Scott’s] life and caused suspicions to be cast on to others’.

    He added: ‘Because it was in a relationship, it was particularly mean and an offence which amounted to a betrayal – a betrayal in a relationship in which you professed love.

    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.’

    Golding, from Braunston, Northamptonshire, caught the disease from a previous partner.

    Prosecutor Steven Evans told Northampton Crown Court that Miss Scott had become ill in September 2009.

    He added: ‘Very quickly, she was diagnosed with genital herpes. It is a lifelong condition and it is incurable. On discovering this, she confronted the defendant but he denied he was responsible.

    ‘He told her he had been given the all-clear at the clinic when he had gone there for screening.

    The couple parted in March 2010, when Miss Scott is said to have reported the infection to police.

    Golding’s parents, Janet, 64, and Christopher, 59, said they were shocked at the sentence.

    Mrs Golding said: ‘This is David’s first offence and we are distraught at what might happen to him in jail. He’s a good son who did not deserve this.’

    Her husband said that he found the sentence ‘difficult to understand’.

    The virus which causes genital herpes could cause an outbreak or lie dormant for years, during which time it is not infectious. Many people remain unaware they are infected.

    Those who do display symptoms usually suffer fever, headache and tiredness and small blisters and itching.

    Nigel Scott, spokesman for the Herpes Viruses Association, said Golding’s sentence was ‘outrageous’ and compared the case to prosecuting children for ‘giving their friends chicken pox’.

    He added: ‘It is such a trivial infection that most people don’t notice it. It has exactly the same medical implications and consequences as an ordinary facial cold sore.’

    Marian Nicholson, director of the HVA, added: ‘Many of those who are diagnosed are reluctant to disclose their status but this is because of the unnecessary stigma, not because it is serious ... emphatically it is not.’

    But a spokesman for the Crown Prosecution Service said the case was considered in line with its ‘intentional or reckless transmission of infection’ policy.

    Can't understand those that are saying he shouldn't have been punished. He got away light in my opinion.


«134

Comments

  • Registered Users, Registered Users 2 Posts: 4,983 ✭✭✭Red Hand


    It happened in Australia a few years ago. An Irish girl and a German girl developed HIV from a guy who had AIDS/HIV and knowingly had sex with them.


  • Registered Users, Registered Users 2 Posts: 8,034 ✭✭✭Sonics2k


    Well, at least the odds of him getting raped in prison are pretty low.


  • Closed Accounts Posts: 22,819 ✭✭✭✭g'em


    It happened in Australia a few years ago. An Irish girl and a German girl developed HIV from a guy who had AIDS/HIV and knowingly had sex with them.

    HIV =/= Herpes in any way, shape or form. Actually, that's a lie, they're both viruses. The whole potentially fatal thing is fairly unique to the former though.

    Will they jail people for giving eachother cold sores next?


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    g'em wrote: »
    HIV =/= Herpes in any way, shape or form.

    Will they jail people for giving eachother cold sores next?

    I agree. I would consider the HIV case to be attempted murder. Much more serious.

    So I take it you think he did nothing wrong? You would be ok if your partner knowingly passed on herpes to you.


  • Closed Accounts Posts: 1,291 ✭✭✭wild_cat


    Wear condoms people!!


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  • Closed Accounts Posts: 22,819 ✭✭✭✭g'em


    Seanbeag1 wrote: »
    So I take it you think he did nothing wrong? You would be ok if your partner knowingly passed on herpes to you.

    I love it when folk add two and two together and get zebras, where did I say that? Of course he did wrong, very, very wrong, he had a moral obligation to tell her and lying about it made it more reprehensible. But jail time?


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    g'em wrote: »
    I love it when folk add two and two together and get zebras, where did I say that? Of course he did wrong, very, very wrong, he had a moral obligation to tell her and lying about it made it more reprehensible. But jail time?

    What would be your alternative? a stern telling off?


  • Closed Accounts Posts: 1,327 ✭✭✭AhSureTisGrand


    "He told her he had been given the all-clear at the clinic when he had gone there for screening."

    He may well have been telling the truth here as herpes is not routinely tested for AFAIK


  • Closed Accounts Posts: 3,049 ✭✭✭discus


    wild_cat wrote: »
    Wear condoms people!!

    Genital herpes and genital warts can be passed on, even when a condom is worn. The affected area is usually the base of the penis, scrotum and in/around the pubes. Wearing a condom wouldn't really lower the chance of contracting it.


  • Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    He added: ‘It is such a trivial infection that most people don’t notice it. It has exactly the same medical implications and consequences as an ordinary facial cold sore.’

    I find it a bit odd that a spokesperson from an advocacy group representing victims of an illness would attempt to trivialise the consequences of the illness in question ?

    Most people may not notice it but others can experience quite severe complications IIRC


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  • Closed Accounts Posts: 857 ✭✭✭FetchTheGin


    g'em wrote: »
    I love it when folk add two and two together and get zebras, where did I say that? Of course he did wrong, very, very wrong, he had a moral obligation to tell her and lying about it made it more reprehensible. But jail time?

    He knowingly infected her with an incurable condition that will affect the rest of her life. Of course he deserves jail time.


  • Registered Users, Registered Users 2 Posts: 8,034 ✭✭✭Sonics2k


    Seanbeag1 wrote: »
    What would be your alternative? a stern telling off?

    Compensation. Forced to pay for medical expenses for the condition.

    Passing on an STD is wrong yes, but throwing him in jail for something so minor compared to some of the crimes committed and don't get jail time for is just wrong honestly.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    "He told her he had been given the all-clear at the clinic when he had gone there for screening."

    He may well have been telling the truth here as herpes is not routinely tested for AFAIK

    I doubt it. For this conviction they would have had to prove he knew.


  • Moderators, Society & Culture Moderators Posts: 12,554 Mod ✭✭✭✭Amirani


    g'em wrote: »
    I love it when folk add two and two together and get zebras, where did I say that? Of course he did wrong, very, very wrong, he had a moral obligation to tell her and lying about it made it more reprehensible. But jail time?

    Surely it's a good thing that a strict precedent has been set? A sentence like this may discourage others from doing something as reprehensible as this.


  • Registered Users, Registered Users 2 Posts: 1,510 ✭✭✭hollypink


    g'em wrote: »
    HIV =/= Herpes in any way, shape or form. Actually, that's a lie, they're both viruses. The whole potentially fatal thing is fairly unique to the former though.

    Will they jail people for giving eachother cold sores next?

    I'd agree that it's nothing like HIV but I'm not sure about it being described as a trivial infection? I wouldn't consider genital herpes trivial myself. If you suffer an outbreak isn't it painful?
    He added: ‘It is such a trivial infection that most people don’t notice it. It has exactly the same medical implications and consequences as an ordinary facial cold sore.’


  • Closed Accounts Posts: 22,819 ✭✭✭✭g'em


    Seanbeag1 wrote: »
    What would be your alternative? a stern telling off?
    I honestly don't know, but over a years' jail time seems excessive to me.
    "He told her he had been given the all-clear at the clinic when he had gone there for screening."

    He may well have been telling the truth here as herpes is not routinely tested for AFAIK
    It's not tested for here anyway in routine screenings, neither is genital warts.
    He knowingly infected her with an incurable condition that will affect the rest of her life. Of course he deserves jail time.
    Would you say the same if it was a cold sore? It's the exact same virus. What he did was horrific, no two ways about it, but jail time is - to me - ott .


  • Closed Accounts Posts: 1,327 ✭✭✭AhSureTisGrand


    Seanbeag1 wrote: »
    I doubt it. For this conviction they would have had to prove he knew.

    Yes but the bit I quoted wasn't strictly a lie I imagine


  • Closed Accounts Posts: 22,819 ✭✭✭✭g'em


    Surely it's a good thing that a strict precedent has been set? A sentence like this may discourage others from doing something as reprehensible as this.
    I do think that a severe punishment is necessary, but jail time just doesn't sit well with me. It's also setting a worrying precedent - like I said the cold sore is the exact same virus, would the same apply with that? And genital warts too? Doesn't cause the same discomfort but aesthetically it's not particuarly pleasant and it's also something that stays with someone for life. Plus in women it's linked to a much higher risk of cervical cancer so it's arguable that it's a much more sever infeciton.
    hollypink wrote: »
    I'd agree that it's nothing like HIV but I'm not sure about it being described as a trivial infection? I wouldn't consider genital herpes trivial myself. If you suffer an outbreak isn't it painful?
    I don't think it should be described as trivial either, but it's also an incredibly common infection. and can easily be lived with. It's the social stigma that's the hardest thing to deal with for a lot of people. Folk can live with it and never know. It's not the infection that's reprehensible, it's his actions in knowingly lying about having it.


  • Registered Users, Registered Users 2 Posts: 5,673 ✭✭✭AudreyHepburn


    What this man did was reprehensible and certainly warrented punishment but it doesn't sit comfortably with me that you could be jail for passing on an STD when there are murderers, rapists and child molesters walking free.


  • Closed Accounts Posts: 2,107 ✭✭✭booboo88


    Sonics2k wrote: »
    Well, at least the odds of him getting raped in prison are pretty low.

    :D Very low


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  • Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    g'em wrote: »
    It's not tested for here anyway in routine screenings, neither is genital warts.

    Where is "here" exactly ?

    I understand The case under discussion took place in the UK.

    I would have been under the impression that "STD screening" would (as the name suggests) involve screening for all known detectable STD's. If this is not the case then the providers are being somewhat negligant in not informing those availing of their services.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    g'em wrote: »
    I do think that a severe punishment is necessary, but jail time just doesn't sit well with me. It's also setting a worrying precedent - like I said the cold sore is the exact same virus, would the same apply with that? And genital warts too? Doesn't cause the same discomfort but aesthetically it's not particuarly pleasant and it's also something that stays with someone for life. Plus in women it's linked to a much higher risk of cervical cancer so it's arguable that it's a much more sever infeciton.


    I don't think it should be described as trivial either, but it's also an incredibly common infection. and can easily be lived with. It's the social stigma that's the hardest thing to deal with for a lot of people. Folk can live with it and never know. It's not the infection that's reprehensible, it's his actions in knowingly lying about having it.

    A cold sore is visible so I don't think it falls in the same league. As for genital warts. If you know about it you have a moral, and now legal, obligation to inform your partner.
    What this man did was reprehensible and certainly warrented punishment but it doesn't sit comfortably with me that you could be jail for passing on an STD when there are murderers, rapists and child molesters walking free.

    Why? Is it that people sometimes get low sentences for these crimes or are you referring to those that haven't been convicted?


  • Closed Accounts Posts: 22,819 ✭✭✭✭g'em


    Mike 1972 wrote: »
    Where is "here" exactly ?

    I understand The case under discussion took place in the UK

    I think it's a fairly straightforward assumption to make that 'here' is in Ireland :) I don't know about routine screenings in the UK.


  • Posts: 14,266 ✭✭✭✭ [Deleted User]


    So obviouly if he's been jailed, so will the person who passed it onto him, yes?


    .. And the person who gave it to her, etc.

    Otherwise I don't agree at all.


  • Closed Accounts Posts: 857 ✭✭✭FetchTheGin


    So obviouly if he's been jailed, so will the person who passed it onto him, yes?


    .. And the person who gave it to her, etc.

    Otherwise I don't agree at all.

    Read the article.

    He lied and knowingly passed it on. The girl has to live the rest of her life with it.


  • Closed Accounts Posts: 22,819 ✭✭✭✭g'em


    Seanbeag1 wrote: »
    A cold sore is visible so I don't think it falls in the same league. As for genital warts. If you know about it you have a moral, and now legal, obligation to inform your partner.
    Genital herpes is visible too and that's generally when someone who has it is at risk of passing it on, unless they're a non-visible shedder. And I completely agree that you have a moral obligation, I've said that from the beginning.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    So obviouly if he's been jailed, so will the person who passed it onto him, yes?


    .. And the person who gave it to her, etc.

    Otherwise I don't agree at all.

    If a case could be proven that they knowingly concealed their illness I would hope so.


  • Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    Do those who reckon he shouldnt recieve any punishment also advocate the legalisation of biological warfare ?
    g'em wrote: »
    I think it's a fairly straightforward assumption to make that 'here' is in Ireland :)

    The OP doesnt give their location. It may be a .ie site but its on the www. Its quite a regular occurance on boards from a story from abroad (particularly Britain and the US) to appear on boards only for follow up posts to not read it properly and automatically assume its talking about Ireland.


  • Closed Accounts Posts: 3,144 ✭✭✭Parsley


    jail time isn't going to cure the herpes. as was said earlier, get him to pay medical bills, compensation for emotional stress, blah di blah... just take a good chunk of his cash. an amount that would really hurt him.


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  • Closed Accounts Posts: 20,919 ✭✭✭✭Gummy Panda


    Hmmm... I agree with G'em that jail time is a bit too harsh. I still think he should be punished though.

    Compensation to the victim would be my first thought


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