Thank you very much.
I want to come back to the crux of what we're actually looking at, which is whether or not we're promoting reforms to the criminal law.
My question is for Professor Mykhalovskiy.
In response to Mr. Cooper, you said earlier it was a legal question. I think it's more an ethical question, and that's why I want to come back to it. The criminal law is built on ethics. For me, there are two particular issues. One is, what is the standard we use to actually charge someone? Is it whether or not there's an actual infection? Then there's the question of whether there is intention. I think you are both saying that it should be both intention and actual infection.
Let me look at another scenario, an ethical scenario, for a sociologist. You have someone who has a viral load that is high, who is not on antivirals and who knows that they're infected. They engage in sexual behaviour that could transmit the disease—either vaginal or anal sex—with another individual. They're in a relationship in which they're peers, so nobody is coercing one another—and the other person says, “Are you infected with HIV? I want to make sure that you're not before I engage in sexual behaviour with you.” The person lies and says, “I am not infected,” in which case the person decides not to use a condom or to go ahead with something they wouldn't go ahead with, and the virus is then passed from one to the other.
There's actual infection and there is reckless behaviour. The person didn't intend to transmit the virus, but they engaged in reckless behaviour that led to the transmission of the virus. Can you explain to me why that person should not be prosecuted?