Traffic officer jailed for giving girlfriend herpes freed

A traffic officer who was jailed for giving his ex-girlfriend genital herpes today walked free from prison on bail after launching an appeal against his conviction.

David Christopher Edward Golding, 28, from Braunston, Northamptonshire, was jailed for 14 months at Northampton Crown Court last month after admitting causing grievous bodily harm.

But new evidence could cast doubt on whether it was Golding who actually passed on the sexually transmitted infection to the woman, the Court of Appeal heard today.

A prosecution-commissioned medical report suggests that it could not be proved that it was definitely Golding who gave the victim the disease.

Mr Justice Burnett, sitting at the London court, granted Golding's application for bail to allow him to go home while new evidence is gathered for his appeal.

Golding, who worked for the Highways Agency, was accused of recklessly infecting his then partner with the genital herpes virus when they were together about two years ago.

But his jailing caused outrage among sexual health groups, who said the sentence would add to the stigma attached to carriers of the 'trivial' condition.

The appeal is to be based around examination of a blood sample given by the woman some time ago, which might cast doubt on Golding's guilt, Mr Justice Burnett told the court.

'This whole matter should not go into the long grass whilst both parties seek further expert evidence,' the appeal judge added.

'It is important that this proceeds with some speed. If the conclusion following the further medical evidence is that causation really could not be proved, then the sooner that is, the better.

'As importantly, if the outcome excludes the possibility of causation by another route, then that needs to be known as quickly as possible because the appellant may, in those circumstances, have to return to custody to continue to serve his sentence.'

Granting bail pending appeals is a rare move for the Court of Appeal, but Mr Justice Burnett said Golding's was an 'exceptional' case.

His legal team may also argue that it was wrong that he pleaded guilty to causing grievous bodily harm, rather than the less serious offence of causing actual bodily harm, which carries a lesser sentence.

At the time of the sentencing, Golding’s parents, Janet, 64, and Christopher, 59, said they were shocked by the jail term.

Mrs Golding said: ‘This is David’s first offence and we are distraught at what might happen to him in jail. He’s a good son who did not deserve this.’

Her husband said that he found the sentence ‘difficult to understand’.

The virus which causes genital herpes could cause an outbreak or lie dormant for years, during which time it is not infectious. Many people remain unaware they are infected.

Those who do display symptoms usually suffer fever, headache and tiredness and small blisters and itching.

Nigel Scott, spokesman for the Herpes Viruses Association, said Golding’s sentence was ‘outrageous’ and compared the case to prosecuting children for ‘giving their friends chicken pox’.

He added: ‘It is such a trivial infection that most people don’t notice it. It has exactly the same medical implications and consequences as an ordinary facial cold sore.’

Marian Nicholson, director of the HVA, added: ‘Many of those who are diagnosed are reluctant to disclose their status but this is because of the unnecessary stigma, not because it is serious ... emphatically it is not.’

The appeal is unlikely to return to court for at least a month, but Golding will be allowed to go home while further investigation is undertaken.