Drawing on a feminist analytical framework and concepts of structural violence, this analysis sought to characterize the negotiation of sexual relationships and HIV disclosure among Women Living with HIV (WLWH) in a criminalized setting. Researchers conducted 64 qualitative interviews with cis and trans WLWH in Vancouver, Canada between 2015 and 2017. Despite frequently being represented as a law that ‘protects’ women, the study findings indicate that the criminalization of HIV non-disclosure constitutes a form of gendered structural violence that exacerbates risk for interpersonal violence among WLWH. In line with recommendations by, the WHO and UNAIDS these findings demonstrate the negative impacts of regulating HIV prevention through the use of criminal law for WLWH.
Argues that laws criminalising HIV exposure fail to satisfy criminal law functions of retribution and deterrence. Retribution is problematic as laws are applied when no intention to transmit HIV, little to no likelihood of transmission and multiple factors may make disclosure difficult. Laws fail to deter unprotected sex and are a poor fit for acts that include no risk of transmission, including sex and blood donation. Instead, laws cause harm, with discriminatory enforcement compounding injustice and stigma. California’s law reform is commendable, while other problematic U.S. HIV-criminalisation statutes should be restructured, amended, or repealed.
A systematic literature search was conducted using Medline, Embase and Northern Lights databases and conference websites. Results showed that there was no risk of transmitting HIV through spitting, and the risk through biting was negligible. Post‐exposure prophylaxis was not indicated after a bite in all but exceptional circumstances. Policies to protect emergency workers should be developed with this evidence in mind.
Aims to quantify the potential impact of non-disclosure prosecutions on HIV testing and transmission among MSM. Found that fear of prosecution over HIV non-disclosure was reported to reduce HIV testing willingness by a minority of HIV-negative MSM in Toronto; however, this reduction had the potential to significantly increase HIV transmission at the community level which has important public health implications.
Applying a social constructionist framework that places people living with HIV in the intersection of both minimal power and negative social construction, this study investigates whether HIV criminalization laws are more likely to be present in states that have a relatively larger percentage of socially marginalized populations, finding that that states with HIV criminalization laws have relatively larger African American populations.
Findings from a survey of people with HIV who use illicit drugs found that most were not aware of the 2012 Supreme Court ruling, which may place them at risk of prosecution. Discussions about disclosure and the law were lacking in healthcare settings.
Observes that if both condom use and a low viral load are required to avoid criminal liability for HIV nondisclosure, many people living with HIV who inject drugs risk criminal prosecution if they do not disclose their HIV serostatus to sexual partners. Further, the article finds that Canadian law disproportionately impacts the most marginalized and vulnerable women living with HIV in Canada.
Reports on a survey of MSM in 16 US states, finding that HIV criminal laws have little or counter-productive effects on MSM’s risk behavior.
Identifies knowledge gaps among Canadian and U.S. nurses related to several aspects of HIV-related criminal laws influencing nursing clinical practices. Argues nurses should increase their knowledge of HIV-related criminal laws to ensure the success of population health initiatives and to reduce stigma and discrimination experienced by people living with HIV.
Argues that HIV criminalization laws impute a host of assumptions about the HIV-positive community and their sexual partners, suggesting social scientists and legislators should reassess the evidence that purportedly undergirds characterizations of HIV-positive persons as dangerous liaisons with cruel intentions.