Should your sex partner tell you they have AIDS?

The NZ Judicial system is currently dealing with a landmark case involving a person with AIDS who did not tell his sexual partner that he had AIDS but did use a condom.
The AIDs foundation has come out in favour of a not guilty verdict saying that we should not take our attention away from the use of condoms. But I think they have missed the point.

We all know condoms are fairly effective in stopping AIDs but not PERFECTLY effective - i.e. they may tear for example. Worse yet many don’t use them properly anyway. It is important that someone who has sex is properly informed in regard to the risks they are taking.

It is hard to see how this would discourage condom usage since it is only applicable to people who have a disease like AIDs anyway and then use of a condom exposes them to one charge failure to use a condom exposes them to a far more serious one (murder).

Let us hope that our reckless AIDS patient looses his case and that the AIDS foundation sees the light and stops mindlessly protecting people who have AIDS no matter how much they endanger the rest of us.