R v Konzani: Consent, HIV Transmission, and Grievous Bodily Harm under Section 20 OAPA
In R v Konzani,1 the Court of Appeal held that the transmission of HIV constitutes grievous bodily harm (GBH). Feston Konzani was charged with GBH under section 20 of the Offences Against the Person Act 18612 for transmitting HIV to three complainants. Konzani, who was HIV-positive and aware of his condition, had unprotected sex with the three complainants without informing them of his HIV status.
The key issue was whether Konzani reasonably or genuinely believed that the complainants had consented to the risk of contracting HIV through unprotected sex, given that they were unaware of his HIV-positive status. Konzani relied on a defense of reasonable belief under section 20 of the Act.2
According to the ruling, if a defendant knows they are at risk of transmitting HIV and the complainant is completely unaware of the danger, the defendant is guilty under section 20 of the OAPA. The court held that a complainant does not consent to the specific risk of contracting HIV from an HIV-positive defendant simply by consenting to the general risks of unprotected sexual intercourse.3
Furthermore, there was no evidence to support the idea that Konzani held an honest belief that the complainants had consented to unprotected sex, knowing they were at risk of contracting HIV. R v Dica [2004] EWCA Crim 11034 was cited to some extent regarding "honest belief," as individual autonomy was recognized to ensure individuals take precautions to mitigate infection risks. However, it was distinguished on the grounds that Konzani could not reasonably expect his partners’ personal autonomy to encompass an assumption of his deception.