A prostitute who is HIV positive and charged for having unsafe sex with a customer has been freed by a Taiwan court.

The court found the single mother not guilty upon hearing that she asked the client to wear a condom before performing the act.

It said the court could not deprive a person the right to have sexual intercourse.

"She had requested the customer to wear a condom and this has shown that she had no intention of spreading the virus. Thus, her act did not fit the specifications of unsafe sex.

"Although using a condom is not 100% safe, but before we discover a safer way, the court could not deprive a person's right to have sex," it said.

Last week, the High Court in Taizhong ruled that the woman was not guilty for a charge under the HIV Infection Control and Patient Rights Protection Act, China Times reported.

The woman with previous convictions on drug use was arrested for having sex with a man at a motel three years ago.

A test on her found that she was HIV positive.

She was charged for performing unsafe sex with others, which carries a jail term of five to 12 years.

The customer was later tested negative for HIV.