A member asked over 7 years ago

Lying about intimate relationship history

Hi. My friend and his partner, both 18 years old, recently broke up. He lied to her about the number of people he had previously had intimate relationships with. His ex-partner found out recently and is now threatening to take legal action against him. Has he committed any offences?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. In Australia, there are no specific laws that require a person to disclose their history of sexual partners. This includes disclosing their history to a current sexual partner. So while there may be strong moral obligations to be open and honest with partners, failing to do so is not a criminal or civil offence.

Note, however, that in NSW there are laws that require disclosure of a HIV-positive status to sexual partners prior to having sex. Disclosure is only required if the HIV-positive person is not taking reasonable precautions against transmission of HIV (i.e. if they are engaging in unprotected sex). It is not clear whether this law would apply to your friend's situation.

Suggested way forward

If your friend wants professional legal advice, they should consider contacting NSW Legal Aid (www.legalaid.nsw.gov.au) or their local Community Justice Centre (www.cjc.justice.nsw.gov.au). Otherwise, they can speak to a lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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