James Hogg. (Toronto Police photo)
TORONTO -- Herpes is not on the list of sexually transmitted infections that have to be reported to authorities -- and to partners -- by infected persons.
Nevertheless, a man was charged by Toronto Police for allegedly not disclosing he had genital herpes -- considered a non-reportable virus by health officials -- to his partner.
"If you don't disclose, it's called exposure without disclosure," Det. Greg Forestall of 14 Division alleged. "If someone asks you if you're clean and you say, 'Yes,' and (they) get a disease from them, then I've got advice from a Crown attorney that says that's aggravated sexual assault."
Police also alleged the man denied he was infected when confronted by his 28-year-old female partner. The man insisted he was undiagnosed, Forestall said.
James David Hogg, a Fringe Festival actor also known as Jimmy Hogg, is charged with aggravated sexual assault and appears in Old City Hall court on Sept. 26. Police have issued an appeal for anyone with information to come forward to investigators.
While this type of case is a first for Toronto Police, it's not unique. A Canadian Armed Forces officer was charged with aggravated sexual assault and criminal negligence causing bodily harm last year by military police for exposing a number of women with herpes. Herpes is not a reportable disease under the criteria outlined by the provincial health ministry, said Rishma Govani, spokesman for Toronto Public Health.
Govani said criteria includes issues such as "the burden of the disease" (and whether there is) an effective prevention, treatment or public health intervention, etc.," she said. "Chlamydia, gonorrhoea, HIV and syphilis are reportable STIs, and herpes and Human Papilloma virus are not." Those with a sexually transmitted disease considered reportable, must disclose their condition to partners and health authorities.
