Man Avoids Jail for Recklessly Infecting Partner with Incurable STI
A 21-year-old man who knowingly lied about having genital herpes before starting a sexual relationship has been spared prison time.
The Case
Daniel Marriott pleaded guilty in the ACT Supreme Court to recklessly inflicting grievous bodily harm. He had known he carried HSV-2 (genital herpes) since 2020, yet in early 2023 he began a sexual relationship with a woman without disclosing his condition.
When the woman asked about sexually transmitted infections before their first sexual encounter, Marriott falsely claimed he was clear.
The Outcome
The couple engaged in unprotected sex multiple times. The woman later developed symptoms and was diagnosed with HSV-2, an incurable virus.
When confronted, Marriott told the woman he did not disclose his status due to fear of rejection.
The Sentence
Acting Justice Michael Slattery ordered a 13-month intensive correction order — meaning community service — with no prison time.
The judge noted this is one of the first cases of its kind in Australian courts.
The Defense
Marriott's legal team argued he believed he would not transmit the virus and mistakenly thought disclosure was not legally required.
The judge rejected this claim of impulsiveness, finding that Marriott had prioritized his own sexual desires over the victim's safety.
Professional Consequences
Marriott's work as a teacher has been suspended, and the court was told he is unlikely to return to the profession.
The Context
Herpes simplex virus type 2 (HSV-2) is incurable and remains one of the most common STIs in Australia, affecting approximately 1 in 8 sexually active adults.
Crucially, the infection can be transmitted even when an infected person has no visible sores.
"Marriott prioritized his sexual desires over the victim's safety." – Acting Justice Michael Slattery