A Canberra man who worked as a prostitute despite knowing he was HIV positive has been sentenced to two and a half months in prison.
Hector Scott, 41, from Kingston, pleaded guilty in the ACT Magistrates Court to providing a commercial sexual service while knowing he was infected with a sexually transmitted disease (STD).
The charge carries a maximum of six months imprisonment, but Scott was sentenced to two months and 14 days.
He also pleaded guilty to failing to register as a sex worker, for which he received a two year good behaviour bond.
Australia's peak sex workers association says the jail term prostitute sends a "disgraceful" message that having sex with an infected person is unsafe.
The Scarlet Alliance chief executive Janelle Fawkes said the organisation was "appalled" by the decision, saying she was extremely concerned at the possible repercussions after this kind of message.
"Last week, the ACT attorney-general, Simon Corbell, came out and stated that Section 25 should be reviewed and considering current risk in transmission that, in fact, an HIV positive person being a sex worker does not hold a higher risk for the community," Ms Fawkes said.
"But this week, we have a judge in the ACT making an example of a person who was only being a sex worker whilst HIV-positive.
"That sends a clear and cutting message that having sex with an HIV-positive person is unsafe and that is simply not true."
The same activity in NSW and several other states would not be deemed illegal, Ms Fawkes said.
