Reading list

Prosecution of non-disclosure of HIV status: Potential impact on HIV testing and transmission among HIV-negative men who have sex with men

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.

Guidance for Crown Prosecutors: Intentional or Reckless Sexual Transmission of Infection

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.

Should it be illegal for HIV-positive persons to have unprotected sex without disclosure? An examination of attitudes among US men who have sex with men and the impact of state law

Describes the overall pattern and predictors of attitudes toward criminalizing unprotected sex without disclosure by people with HIV. Examines whether attitudes and sexual risk behaviours differ in states with or without HIV-specific laws. Found most respondents believed it should be illegal for persons living with HIV to have unprotected sex without disclosure, however, attitudes did not vary by state law, suggesting HIV-specific laws do not deter high-risk sexual behaviour.