Gareth Thomas says ex-partner never asked about his HIV status
Former Wales rugby star Gareth Thomas has admitted he did not tell his ex-partner he had HIV, but said he was never asked, according to High Court legal papers.
The ex-British and Irish Lions captain is being sued by his ex-partner Ian Baum for £150,000 in damages.
Mr Baum claims Mr Thomas hid his HIV status and failed to take reasonable care to ensure he did not pass it on.
Mr Thomas denies all of Mr Baum's allegations.
One of those is that the TV personality removed labels from his HIV medication so his partner would not know what they were.
He has also been accused of using controlling and coercive behaviour to stop his HIV status becoming known.
Mr Thomas's legal team has submitted a 15-page document to the High Court responding to the allegations.
The document confirmed Mr Thomas and Mr Baum started a relationship a the end of 2013, and Mr Thomas said the couple did not have penetrative sex for the first four months because he had an injury.
It also said the issue of HIV was never discussed.
"It is denied that the defendant deliberately concealed his positive status, he was never asked by the claimant if he was HIV positive, and he never denied that he was," the document submitted by Mr Thomas's legal team said.
"It is admitted that the claimant did not expressly consent to the risk of HIV transmission from the defendant."
What is HIV?
- HIV stands for Human Immunodeficiency Virus - the immunodeficiency is the weakening of the immune system by the virus
- If untreated it can lead to late-stage HIV or Aids (acquired immune deficiency syndrome) the name for a collection of illnesses caused by the virus
- Medication helping those with HIV to live long, healthy lives has been available for decades
- Modern medication reduces the viral load to undetectable levels, meaning someone can't pass on HIV and their health is protected
- There were more than 106,000 people living with HIV in the UK in 2020
Sources: Terrence Higgins Trust and NHS
Mr Thomas, also known as Alfie, said while he knew he had the virus, he did not think he was able to pass it on.
"The defendant genuinely and reasonably believed that he could not transmit the condition to others whilst his CD4 count (a measure of immune function) was not at a dangerous level requiring medication.
"Whilst the defendant understands now that this was incorrect, it was a genuinely held belief at the material time."
Mr Thomas said Mr Baum was promiscuous and accused him of being "blasé" about catching HIV when he did reveal his own status, "his attitude being that he was bound to get HIV sooner or later".
However in his submission to the court, Mr Baum said he was monogamous and faithful to Mr Thomas and did not have sexual intercourse with another person.
Mr Thomas also admitted he did remove labels from his HIV medication, but only to stop family members knowing what they were.
"The defendant denies that he ever told the claimant he was HIV negative, or lied about his HIV status," read the statement.