A new offence specific to intentional HIV transmission would also need to stipulate that other Criminal Code provisions that had been used in HIV non-disclosure cases in the past could not apply. It should only be possible to prosecute the intentional transmission of HIV under that specific criminal charge. Then, we are talking about an actual sexual assault or what have you. That could be determined. However, only a new Criminal Code provision should address the notion of HIV transmission.
I don't know if I answered your question.