A woman whose former partner exposed to her to HIV has won a battle to have her subsequent mental injury compensated by ACC.

The woman, whose name is suppressed, had unprotected sex with her former partner not knowing he was HIV positive. He has since been found guilty of criminal nuisance for failing to tell her.

The woman did not contract HIV but suffered post traumatic stress disorder as a result of the experience.

However, ACC refused to cover her, saying criminal nuisance was not on its list of crimes for cover - a view upheld by the district and high courts.


However, the Court of Appeal today released a decision saying the man's failure to tell his partner he was HIV positive weakened her consent to sexual intercourse, making it sexual violation for the purposes of ACC cover.

As mental injury as a result of sexual violation was covered by ACC, the woman was eligible for cover.