This study analyses the California Department of Justice criminal history data on arrests of people who had felony solicitation while HIV-positive from 2005 to 2013 and compared the demographics and frequencies with arrest data on sex work over the same time period. Findings indicate a clear disproportionate representation of Black women among those arrested for sex work, in the context of HIV and in general.
Risks, Rights & Health – Supplement
This Supplement highlights developments since 2012 in science, technology, law, geopolitics, and funding that affect people living with or at risk from HIV and its coinfections. The recommendations add to and amplify those of the Commission’s 2012 report Risks, Rights & Health, which remain as relevant as they were six years ago.
HIV Criminalization in Florida – Penal Implications for People Living with HIV/AIDS
Provides an overall understanding of the enforcement of HIV criminalization laws in Florida and assesses any preliminary findings indicating disparities between subpopulations. Preliminary analyses found that there is evidence of disparities in enforcement of HIV criminalization laws related to geography, race/ethnicity, sex at birth, or sex worker (or suspected sex worker) status and underlying related offenses.
Expert meeting on the scientific, medical, legal and human rights aspects of criminalisation of HIV non-disclosure, exposure and transmission
This report contains the views, opinions and suggestions for policy orientation and formulation of the participants at an expert meeting (convened on 31 August–2 September 2011 in Geneva, Switzerland) that brought together scientists, medical practitioners and legal experts in order (i) to consider the latest scientific and medical facts about HIV that should be taken into account in the context of criminalisation, and (ii) to explore how to best address issues of harm, risk, intent and proof—including alternative responses to criminalisation—in light of this science and medicine.
HIV Criminalisation Defence Case Compendium
This HIV Criminalisation Defence Case Compendium aims to support lawyers acting for those who are alleged to have put others at risk of HIV. Based on research conducted in late 2017, it includes criminal cases from all over the world where strong defence arguments have resulted in an acquittal or reduced penalty for persons living with HIV who have been accused of HIV exposure, non-disclosure or transmission.
The Compendium is not intended to be comprehensive. It has been developed as a resource for a training of lawyers from Africa – “Lawyers for HIV and TB justice: Strategic litigation, legal defence and advocacy training” – held in Johannesburg, South Africa from 20-23 February 2018.
‘Callous, Cold and Deliberately Duplicitous’: Racialization, Immigration and the Representation of HIV Criminalization in Canadian Mainstream Newspapers
Explores mainstream Canadian newspaper coverage of HIV non-disclosure criminal cases in Canada, finding those newspapers are a source of profoundly stigmatizing representations of African, Caribbean and Black men living with HIV.
Policing Transmission
A review of police handling of criminal investigations relating to transmission of HIV in England and Wales, 2005-2008. The report was used as evidence to argue for both prosecutorial and police guidance. To get a sense of its findings and impact see also the aidsmap.com coverage of the launch of the report held in the UK House of Commons in January 2009.
Legal Reforms, Social Change: HIV/AIDS, Human Rights and National Development in Jamaica
Designed to help governments and civil society review laws and policies based on human rights, and increase capacity to achieve enabling legal environments. Includes recommendations on criminalisation at p.73.
Situation Analysis of Legal and Regulatory Aspects of HIV and AIDS in Seychelles
Designed to help governments and civil society review laws and policies based on human rights, and increase capacity to achieve enabling legal environments. Includes recommendations on criminalisation at p.88.
Report on assessment of the legal environment for HIV and AIDS in Lesotho
Designed to help governments and civil society review laws and policies based on human rights, and increase capacity to achieve enabling legal environments. Includes recommendations on criminalisation at p.38.