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A CASE聽involving the rape of a Queensland man by a former sexual partner who became 鈥渄istressed鈥� to learn his victim was HIV-positive has highlighted issues surrounding consent and sexual health, according to a leading Brisbane HIV聽specialist.

Also the founder of a male rape and sexual abuse survivors support group, Dr Wendell Rosevear believes聽the Sunshine Coast case showed that consent remained a prevalent issue for the community, along with safe sex.

[showads聽ad=MREC]Last week news emerged of Phillip Donald Jason鈥檚 guilty plea to the rape of a former sexual partner in June 2014, who had once given his consent but had later removed it.

Jason was charged with rape after 鈥渃rossing a line鈥� when his victim asked him to stop, but refused to do so straight away. The first that Jason became aware of his victim鈥檚 status was after聽his arrest, where he became 鈥渙bviously distressed and upset,” his defence lawyer Andrew O’Brien told the Brisbane District Court last Wednesday.

O鈥橞rien asked Judge Fleur Kingham during Jason鈥檚 sentencing hearing to consider that he had undergone months of medical tests before returning a negative result for HIV, causing anxiety.

The judge rejected Jason鈥檚 claims of distress, saying it was not relevant.

“It’s a consequence of him consensually engaging in unprotected sex,” Kingham said.

Rosevear said Jason鈥檚 case 鈥渄eserves understanding for the whole gay community鈥� and that everyone needed to take consent seriously and have a clear understanding of it.

鈥淚t is impossible to have sex without being vulnerable, so we need to link sex to safety and we do that by a consent process,鈥� Rosevear told the Star Observer.

鈥淲e value each other by respecting choice, the right to say ‘yes’ or ‘no’. If choice is taken away or denied people feel raped and devalued.

鈥淚n this case there was initial consent that was then removed by the person asking for the sex to stop. Hence we need to understand clearly that ‘no’ means ‘no’ and ‘stop’ means ‘stop’.鈥�

Rosevear added that the onus still remains on both parties to clearly communicate whether consent is given during sexual contact.

鈥淥ften in sex the communication is non-verbal, or if you like ‘body language’. This doesn鈥檛 take away the need to have clear understandings about choice,鈥� he said.

鈥淏oth parties, for their own safety, need to be clear and even confirm that there is a free choice before the sex is initiated or continues.

鈥淗owever if you are not sure, then both parties are wise to use words to confirm consent.鈥�

In a situation where alcohol or other substances is involved, giving consent and recognising when it may be removed later makes the need to establish consent greater.

鈥淭hese may have disinhibiting effects that don鈥檛 remove the need to ensure that the person is free to say 鈥榶es鈥� or 鈥榥o鈥�,鈥� Rosevear said.

鈥淚f sex has started with a 鈥榶es鈥� and then comes a 鈥榮top鈥� some people may think it is a mixed message or that they have to 鈥榯ry harder鈥� or persuade the other party.

鈥淪ome may call the other a 鈥榩rick teaser鈥� trying to induce guilt to get a 鈥榶es鈥�. To value each other and to avoid the complications of legal problems, we need simple, clear messages that leave no doubt about consent.鈥�

New technologies and means by which people arrange sex with others brings about its own issues regarding consent, but it still comes down to establishing it clearly and concisely.

鈥淲ith anonymous sex and internet hook up sex, it can be easy to assume consent in non-verbal ways,” Rosevear said.

“People may assume consent just by agreeing to hook up.

鈥淲hile it may seem less complicated, in fact it can be more complicated after the sex. There is no loss in confirming consent in the simplest way you can.鈥�

Rosevear said the judge鈥檚 dismissal of Jason鈥檚 claims of anxiety regarding HIV and her refusal to reduce his sentence provided an insightful observation of the virus and unsafe sex.

鈥淪he said ‘it鈥檚 a consequence of him consensually engaging in unprotected sex鈥�, effectively saying that in sex each person is responsible for their own safety,鈥� Rosevear said.

鈥淭his is timely as it can be dangerous to guess or assume someone鈥檚 risk of transmitting a sexually-transmitted diseases including HIV. Equally, there is no safety in blaming the other person.

鈥淲e need to foster a culture that values people and honesty so we can have happier sex and less sexually transmitted diseases.

“A culture where people can test and know, or test and treat, and not fear rejection for being HIV-positive.鈥�

Jason was sentenced to two and a half years in jail but has already spent around eight months in custody. Due to this he is immediately eligible for parole and a board will decide his fate soon.

Rosevear is the founder of MARS: Men Affected by Rape and Sexual-Abuse that has been operating since 1993. For more details call聽(07) 3857 1222.

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