Sex, lies, and HIV: Mabior and the concept of sexual fraud

This article argues that the Court missed an opportunity to reconsider the test for sexual fraud it had laid out in its 1998 decision in R v Cuerrier, a test that since its inception has proven difficult to apply. It argues that the standard in Mabior is unlikely to provide people living with HIV and other sexually transmitted infections the certainty lacking under Cuerrier and that the judgment fails to advance the development of the concept of consent in the law of sexual assault.