"Outrage over HIV-positive prostitute's sentence" Canberra Times, 15 September 2008

A jail term handed down to an HIV-positive prostitute in Canberra sends a "disgraceful" message that having sex with an infected person is unsafe, Australia's peak sex workers association says. The Scarlet Alliance has hit out after a judge's decision today to sentence a male sex worker to two-and-a-half months in prison for providing a commercial sexual service while knowing he was infected with a sexually transmitted disease.

The individual was charged under section 25 of the ACT's Prostitution Control Act which makes the behaviour illegal.

Scarlet Alliance chief executive Janelle Fawkes said the organisation was "appalled" by the decision, saying she was extremely concerned at the possible repercussions after this kind of message.

"Last week, the ACT attorney-general, Simon Corbell, came out and stated that Section 25 should be reviewed and considering current risk in transmission that, in fact, an HIV positive person being a sex worker does not hold a higher risk for the community," Ms Fawkes said.

"But this week, we have a judge in the ACT making an example of a person who was only being a sex worker whilst HIV-positive.

"That sends a clear and cutting message that having sex with an HIV-positive person is unsafe and that is simply not true."

The same activity in NSW and several other states would not be deemed illegal, Ms Fawkes said.

The charge carries a maximum penalty of six months imprisonment, but Scott was sentenced to two months and 14 days.

He also pleaded guilty to failing to register as a sex worker, for which he received a two-year good behaviour bond.

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