VTAJ Blog



Posted by: Amy Caldwell on Sep 22, 2020

We now return to our regularly scheduled programming. I actually did just finish my taxes this morning. One of these days, I’m going to stop doing them myself. My wife hears me swearing at the computer and knows exactly what’s up.

So, the one case that issued yesterday is a bit different. Defendant was charged with aggravated sexual assault based on his nondisclosure or concealment of his HIV-positive status. The trial court eventually declined to find probable cause, and dismissed the case with prejudice. The State appeals. On appeal, SCOV holds that consent and informed consent are two different things and that while defendant’s concealment of his status might have been morally wrong, it’s not criminally culpable—at least under our aggravated-sexual-assault statute. State v. Billington2020 VT 78.       

 

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