Found that HIV testing and HIV diagnoses among men who have sex with men did not significantly statistically change after media releases about a local nondisclosure prosecution. However, some MSM expressed their belief that the local public health department openly shares information with police. Some HIV-positive participants perceived an association between local public health and police services which caused them to not access public health services.
HIV Futures Seven: The Health and Wellbeing of HIV Positive People in Australia
Survey of people living with HIV found 30% were concerned about disclosing their sexual practices to service provider (and 13% were uncertain) ‘because of the current legal situation’.
HIV Criminalisation and Sex Work in Australia
Reports that following the high profile prosecution of an HIV positive sex worker (no transmission), sex workers became fearful of HIV testing for HIV. In the four-week period following the court case, attendance at the sex worker outreach medical service dropped from an average of 40 per night to three.
HIV disclosure as practice and public policy
Found that the increasing criminalization of HIV non-disclosure does not address the complexity of HIV transmission, making it unlikely to reduce HIV transmission.
Narratives of HIV: measuring understanding of HIV and the law in HIV-positive patients
Found PLHIV’s understanding of legal obligations about HIV risk behaviours was poor and patchy, with behavioural restrictions often overstated. PLHIV remain at risk of prosecution through poor understanding of the law.
New Jersey’s HIV Exposure Law and the HIV-Related Attitudes, Beliefs, and Sexual and Seropositive Status Disclosure Behaviors of Persons Living With HIV
Explored associations between awareness of New Jersey’s HIV exposure law and the HIV-related attitudes, beliefs, and sexual and seropositive status disclosure behaviors of HIV-positive persons. Found criminalising nondisclosure of HIV serostatus did not reduce sexual risk behaviour.
Men who have sex with men who believe that their state has a HIV criminal law report higher condomless anal sex than those who are unsure of the law in their state
Found very little variation in the sexual behaviour of gay men living in states with or without HIV specific criminal laws, suggesting legislation has a minimal impact on sexual behaviours. In fact, men who believed they lived in a state with such laws were slightly more likely to have sex without a condom, possible due to a false sense of security – expecting disclosure or protection from the law.
Do criminal laws influence HIV risk behaviour? An empirical trial
Found that people who believed the law required safer sex or disclosure reported being just as risky in their sexual behaviour as those who did not. Most believed it was wrong to expose others to HIV and right to disclose their HIV positive status to their sexual partners. Those beliefs were not influenced by understanding of the law or whether they lived in a state with such a law or not.
Criminalizing consensual sexual behaviour in the context of HIV: Consequences, evidence, and leadership
Provides an overview of the use of the criminal law to regulate sexual behaviour in three areas, including HIV exposure during consensual sex. The paper highlights negative effects of HIV criminalisation and argues that strong institutional leadership from UN agencies is required.
Criminalizing HIV transmission and exposure in Canada: A public health evaluation
Considers HIV non-disclosure criminal cases in Canada through a public health framework, evaluating the arguments for and against the criminalization of HIV transmission and exposure.