Press complaints ruling about whether or not The Argus newspaper in the UK was right publishing the name of man arrested “on suspicion of putting sexual partners at risk of HIV” before he was charged. The complaint was not upheld.
This internal guidance from the Crown Prosecution Service (CPS) for England & Wales sets out how prosecutors should deal with cases where there is an allegation that the suspect/defendant has passed an infection to the complainant during the course of consensual sexual activity. It should be read in conjuction with the external CPS Policy for prosecuting cases involving the intentional or reckless sexual transmission of infection.
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.
This video toolkit comprises a workshop held during a seminar on HIV criminalisation in Berlin in September 2012 to discuss challenges associated with the creation of prosecution guidelines, providing important insights from prosecutors and civil society alike. The workshop followed the European premiere of the documentary ‘Doing HIV Justice: Clarifying criminal law and policy through prosecutorial guidance’ which explores how prosecution guidelines were created for England and Wales
Argues that by speaking out, people with HIV and leaders among African communities can raise awareness of the discrimination they experience. Suggests HIV advocates can get to know the media and work with journalists to tell their stories on their own terms, spotlighting inaccurate and misleading coverage and targeting stigma. Includes language guide.
Includes information about how HIV is transmitted, what to do if exposed to HIV, how to respond to someone with HIV, and information about criminal prosecution for HIV transmission. Also has an easy-to-use check-list to ensure blood borne virus training and occupational health policies are fit for purpose and up-to-date. Endorsed by the British HIV Association.
Sets out how prosecutors should deal with cases where there is an allegation that the suspect/defendant has passed an infection to the complainant during the course of consensual sexual activity. States the criminality of this offending lies in the mens rea, so relevant offences will be difficult to prove to the requisite high standard, to satisfy the evidential stage of the Code test and in the court itself. Also warns of other sensitivities: the relationship between the criminal law and consensual sexual behaviour is delicate.
Review of materials from 15 police constabularies found police practice was adversely influenced by numerous factual inaccuracies including routes of transmission, likelihood of infection, harms of infection, and need to segregate people in custody. Recommends review of police training materials and new training about HIV.
Considers the validity and meaning of scientific tests (Recent Infection Testing Algorithm) to estimate the likelihood of a recent infection in persons diagnosed as HIV positive in the context of prosecutions for HIV transmission.
Questions the merits of a phylogentics article published in Proceedings of the National Academy of Sciences, and warns against relying on its conclusions.