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Gareth Thomas ‘spat at and told to die’ following HIV transmission allegations

The HIV charity, the Terrence Higgins Trust, has said there are “no winners when it comes to legal proceedings around HIV transmission.”

By Alastair James

Words: Alastair James; pictures: BBC

The former Wales international rugby player, Gareth Thomas, says he’s been “spat at in the street” after allegations he transmitted HIV to his ex-partner.

In August it was revealed that Ian Baum, 59, was suing former Wales rugby captain Thomas for “deceptively” transmitting HIV during their relationship which started in 2013. Thomas, 48, denies the allegations. 

In a statement sent to Attitude on Tuesday (6 September) the former rugby player said he was being forced to come forward again after had already being “blackmailed for £250,000” and “a media witch hunt to expose my HIV status,” which led to him revealing his HIV status in 2019. 

He continues, “Since the meritless allegations surfaced, I have endured a challenging torrent of abuse both online and in person. I’ve been spat at in the street, called a f*king Aids spreader, told I should be locked up, that I should die, and much worse.” 

Touching on the support he has had, including from the HIV charity, the Terrence Higgins Trust, Gareth says, “I also feel extremely fortunate and I want to thank people for the incredible wave of support they have shown me both personally and professionally at this time. It has been empowering.”

Gareth Thomas (Photo: Wiki Commons)

“I am proud of who I am. I am far from perfect, but I am also far from the person I’m accused of being.”

“I am comfortable in my position and my defence speaks for itself. I will continue to fight these allegations and proudly continue my advocacy work undeterred with the same passion as always,” he finishes.

Since Sunday (4 September) Mr. Thomas’ legal’s team response has been widely reported by the media, with a focus being on Thomas’ confirmation that he didn’t disclose his HIV status to Baum when they began dating in 2013.

In a statement on Sunday the THT, which counts Thomas as one of its patrons, has responded to the reporting of the story since saying that “Sadly very little of his robust defence has made it into the press but will of course be considered as part of the future case in civil court.”

“There are no winners when it comes to legal proceedings around HIV transmission,” it continues. “It results in misinformation being shared and stigmatising language being used, which only serves to push us back in our fight to tackle the deeply entrenched stigma still surrounding HIV.”

The charity stresses messaging around ‘U=U’ meaning that “someone diagnosed with HIV and on effective treatment can have a normal life expectancy and importantly can’t pass on the virus to their partners.”

Finally, the charity says, “Gareth Thomas has contributed a great deal to tackling the stigma surrounding HIV in the past three years and we’re proud that he is one of our patrons.”

In the documents submitted to the High Court and seen in full by Attitude, Mr. Thomas’ legal team says that the former Wales international rugby player did not tell his ex-partner about his HIV status adding that he was never asked about it. 

It reads, “it is denied that the Defendant [Mr. Thomas] deliberately concealed his positive status; he was never asked by the Claimant [Mr. Baum] if he was HIV positive and he never denied that he was.”

Mr. Thomas’ legal team also writes that “The Defendant genuinely and reasonably believed that he could not transmit the condition to others whilst his CD4 count 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.”

CD4 count refers to the number of white blood cells which fight infection.

The documents also read, “It is admitted that the claimant did not expressly consent to the risk of HIV transmission from the defendant.

They also counter claims made against Mr. Thomas by Mr. Baum in his original case.

– They deny that the former Wales international used “coercive and/or controlling behaviour” to get Baum to keep quiet about his HIV status.

– While admitting that Mr. Thomas removed the labels from his HIV medication, his team deny he ever lied to Mr. Baum about what they were or referred to them as vitamins.

– They claim Baum was “promiscuous” and not monogamous during his relationship with Mr. Thomas and “his attitude being that he was bound to get HIV sooner or later”.

– Mr. Thomas also denies “engaging in sexual activities with other men at the material time”. 

Elsewhere, the document states that:

– A positive HIV test for Mr. Baum bears the name of his former partner, Ian France, and says it was taken on 6 November 2013, not 5 November 2013 as claimed.

– Thomas’ team also claims that the couple did not have anal sex between November 2013 and January/February 2014 due to Mr. Thomas having an injury. 

In August, Mr. Baum alleged Mr. Thomas of “failing to take reasonable care” not to pass the virus on, as reported initially by The Sunday Times, and is suing the rugby star for £150,000. 

Baum also said he was told that Thomas was taking vitamins when he saw the former rugby player taking medication from unmarked bottles. 

The claimant also alleges that he has been intimidated by Thomas to keep quiet about the case. People who are known to be HIV-positive and to have transmitted the virus can be charged with grievous bodily harm, which can carry a prison sentence of five years.

Gareth Thomas, who came out as gay in 2009, revealed his HIV status publicly in 2019 and that he had been outed as HIV-positive to his parents by a tabloid journalist

The Attitude September/October issue is out now.