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Criminalising HIV transmission and exposure

Explore the rising trend of criminalising HIV transmission, impact on individuals, legal implications, and the need for education and prevention methods worldwide. Justices' beliefs about HIV and the complexities of disclosure and consent are discussed.

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Criminalising HIV transmission and exposure

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  1. Criminalising HIV transmission and exposure Robert James UK

  2. An increasing trend • More countries doing this • Some only criminalise transmission • Not just sexual exposure • Expectation of verifiable disclosure before sex • An irresistible media story

  3. English judges beliefs about HIV • [her] prognosis is uncertain but it is bleak. (April 2004) • [she] has begun anti-retroviral treatment and her type of HIV is susceptible to all such types of treatment… but… nobody knows whether this will develop or not into full-blown AIDS (Nov 2006) • Behind the times

  4. Disclosure? Consent is a defence in most countries (not all though) • Recording of consent, online, doctor’s notes, etc • Anonymous/untraceable sex - saunas, prostitutes

  5. What would help? • A cure – a very cheap one • A vaccine • Education • What can we do about it…?

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