Canberra Man Sentenced for Knowingly Exposing Woman to Genital Herpes

A Canberra man has been sentenced to one year and one month of an intensive correction order—served in the community—for knowingly exposing a woman to genital herpes, marking one of the first such convictions in Australia for recklessly inflicting grievous bodily harm through a sexually transmitted infection (STI). The case highlights the serious legal and public health implications of failing to disclose a known STI before unprotected sex.

Daniel Marriott, a 21-year-old teacher at the time of the offense, pleaded guilty in the ACT Supreme Court. According to court proceedings, Marriott contracted HSV-2, the virus responsible for genital herpes, in 2020. Despite knowing his status, he began a sexual relationship with the victim in early 2023 and repeatedly lied when she asked if he had been checked for STIs, claiming he was “clear.” The pair had unprotected sex multiple times before the woman developed symptoms and was diagnosed with HSV-2.

The emotional and physical toll of the infection was starkly described in court. The victim told Marriott that she felt “disgusted” and “betrayed,” and that her life had been “changed forever.” She stated she would now have to disclose her HSV-2 status to every future sexual partner, a burden she described as devastating. Marriott’s response, as reported by the court, was dismissive: “Yeah, I didn’t think you’d get it though.” He later admitted he had lied because he “didn’t want to risk us not having sex.”

Acting Justice Michael Slattery rejected Marriott’s defense that his actions were impulsive, noting that he had multiple opportunities to disclose his infection. The judge emphasized that Marriott had “put his own sexual desires above the safety and wellbeing of the victim.” Justice Slattery also pointed out that genital herpes is one of Australia’s most common STIs, with one in eight sexually active adults affected. The virus can be transmitted even when there are no visible sores, underscoring the importance of disclosure and safe sex practices.

Marriott’s lawyers argued that he had not understood the legal requirement to disclose his infection, citing a sexual health pamphlet he had received at diagnosis. However, the judge noted that the pamphlet also contained information about transmission and prevention, and that Marriott’s actions were reckless and negligent.

Public Health and Legal Implications

This case is significant as it represents a rare legal precedent in Australia for the reckless transmission of an STI. While HSV-2 is incurable and manageable with medication, it carries both ongoing health impacts and social stigma. Health authorities stress that STIs can be passed on even when a person has no symptoms, making disclosure and the use of condoms critical in preventing transmission.

Marriott has been suspended from his teaching position and is likely to lose his job. The sentence reflects the seriousness with which the court views the reckless endangerment of another person’s health, particularly in cases involving lifelong, incurable infections.

What Experts Say

According to NSW Health, genital herpes is one of the most prevalent STIs in Australia. The virus can be shed from the skin without an active outbreak, meaning transmission is possible even when there are no visible symptoms. Public health campaigns continue to emphasize the importance of regular STI testing, honest communication with sexual partners, and the consistent use of condoms to reduce the risk of transmission.

This case serves as a reminder of the legal and ethical responsibilities individuals have when engaging in sexual activity, particularly when living with a known STI. It also underscores the ongoing need for education and awareness about STI prevention and disclosure.