Intentional or Reckless Sexual Transmission of Infection
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance provides prosecutors with a framework for handling cases involving allegations of intentionally or recklessly transmitting infections during sexual activity. It outlines the necessary evidential considerations, relevant offences under the law, and key points for charging. The guidance also touches on public interest factors relevant for prosecution and addresses complexities surrounding consent and the assessment of evidence in these sensitive cases.
Key points
- Prosecutors must meet the evidential test outlined in the Code for Crown Prosecutors.
- Early advice is critical to establish viable lines of enquiry.
- Consent is crucial in determining whether a sexual offence occurred.
- Deception about STI status does not vitiate consent unless proven otherwise.
- Public interest must be carefully assessed in each case of alleged transmission.
- Expert evidence may be necessary to establish the transmission of infection.
Public-interest factors
- Allegations of reckless transmission generally warrant prosecution.
- Intentional transmission allegations are highly likely to require prosecution.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.