Criminal Law: Case Study on the Offenses Against the Person Act (OAPA)

This case study examines a criminal law scenario involving a person infected with HIV engaging in unprotected sexual intercourse. The analysis focuses on the application of the Offenses Against the Person Act 1861 (OAPA), particularly sections 18 and 20. The case considers the concept of recklessness, where the defendant is aware of the risk of transmitting HIV but proceeds with the act. It references the legal precedents of R v. Donovan and R v. Brown to address the issue of consent in cases involving sexual activity and potential harm. The conclusion suggests that the defendant could be liable under section 20 of the OAPA for causing bodily harm due to reckless behavior. The assignment provides an overview of the legal framework and its implications in the context of HIV transmission and sexual offenses, with a focus on the legal precedents and relevant legislation.

Running head: CRIMINAL LAW
Criminal law
Name of the Student
Name of the University
Author Note

1CRIMINAL LAW
In Criminal Law, an offence committed against a person refers to an offence which
directly causes physical harm to another person. Such offenses may amount to assault, fatal
offense, sexual offenses, etc. In the given case scenario, Neil has engaged in a consensual
sexual intercourse with his sado- masochism mistress Kate despite being aware of the fact
that he is infected with HIV positive.
Sexually transmitted disease may fall under sections 18 and 20 of the Offenses
against a person act 1861 where issues relating to sexual transmission of HIV are often dealt
under section 20 of the Act and are often referred to as recklessness behaviour (Gibson
2016). It implies that defendant foresaw that the victim might be infected with the HIV
disease if they engage in an unprotected sexual activity. Any person who does not inform the
partner about his or her HIV infection before sexual intercourse, shall be considered as
reckless and is liable to be punished under section 20 of the OAPA 1861.
Where consensual activity is involved, it was held by the UK court in R v Donovan
[1934] AER 207 that no person is allowed to give consent to commit a crime. In R v Brown,
court held that in case of engaging in consensual sexual activity for sado masochism, the
consent of woman given shall not be valid if the act causes grievous bodily harm to the
woman. Therefore, in the given case, Neil is liable under section 20 of the OAPA for being
reckless and causing bodily harm to Kate.

2CRIMINAL LAW
Reference list
Gibson, M., 2016. Getting Their “Act” Together? Implementing Statutory Reform of
Offences against the Person. Criminal Law Review, (9), pp.597-617.
R v Donovan [1934] AER 207