HIV Test
Margaret Muchiri, a counsellor, adds a reactor to a blood sample from a woman to test for HIV at the Mater Hospital in Kenya's capital Nairobi, September 10, 2015. Reuters/Thomas Mukoya

A transgender sex worker has been found guilty of infecting a client with HIV through unprotected sexual encounters. She was aware that she had tested positive for HIV but continued to advertise for male clients and supplied sex services, the court heard.

Clayton James Palmer, who identifies as a female and has male genitals, was known by her clients as “Sienna Fox.” She reportedly offered sex services through online ads.

Prosecutors claimed that Palmer was already aware she is HIV-positive after nurse Joanne Morgan told her there was a positive indication of HIV in her blood. The nurse attempted to contact her several times about treatment, but she did not respond.

Palmer continued to post her services online. Her client, whose name was not provided, had unprotected sex with her multiple times in 2014 until late July 2015.

In September of the same year, the client was diagnosed with HIV. Prosecutor Ben Stanwix said the “only plausible source of the infection” was Palmer.

Stanwix specifically cited genetic proof showing that Palmer and the unnamed victim shared an extremely rare strain of the virus. He said she was criminally negligent, and that having unprotected sex was such a serious departure from the duty of care she owed her client.

The prosecutor added that she did not want to face the reality after learning about her infection. But Palmer denied any wrongdoing. She claimed she was not told about her condition and suggested that the virus may have been passed to the victim by someone else. The man was said to have a high sex drive, and Palmer pointed out he had other sexual relationships, including one with another transgender woman.

It was actually the nurse who was struggling with reality, according to defence barrister Simon Freitag. He cited Morgan’s alleged intravenous methamphetamine use, succeeding multiple psychiatric hospitalisations following a 2015 breakdown and mental health issues.

Freitag argued that there was no way certain Morgan had informed Palmer of her HIV status. “(Ms Morgan’s' breakdown) is said to be the equivalent of a lightning strike- it was more like a flood and there is a lot of rain that falls before the dam breaks,” he said, according to Perth Now.

The ABC reports that the jury deliberated for around four hours before the decision. Palmer's family members and friends cried as the verdict was delivered. She stood trial in WA's District Court.