Opinion followed by recommendations on the criminalisation of the sexual transmission of HIV in France
Presents an assessment of the legal, ethical, societal and health issues raised by criminal proceedings brought in France for acts of transmission or exposure to the risk of sexual transmission of HIV.
A systematic review of risk of HIV transmission through biting or spitting: implications for policy
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.
Scientific research on the risk of the sexual transmission of HIV infection and on HIV as a chronic manageable infection
Explains HIV transmission risk with reference to numerous studies, including a chart summarising per-act risk estimates for transmission of HIV during different types of sexual intercourse.
(update of original chapter in E. Mykhalovskiy, G. Betteridge and D. McLay, HIV Non-Disclosure and the Criminal Law: Establishing Policy Options for Ontario)
Per-contact risk of human immunodeficiency virus transmission between male sexual partners
Reports on follow up from prospective cohort study of gay and bisexual men. Findings include estimates of risk from unprotected anal intercourse and oral sex.
R. v. Mabior
Ruling on “significant risk of bodily harm” which ostensibly found that people with HIV in Canada do not need to disclose their HIV-status before sex only if (i) the accused’s viral load at the time of sexual relations was low, and (ii) condom protection was used.
Her Majesty the Queen v. Henry Gerald Cuerrier
Ruling that failure to disclose HIV status constitutes fraud. Consequently, a partner’s consent to unprotected sexual activity is not valid. This ruling allows people with HIV in Canada who do not disclose their HIV-status before sex to be prosecuted under sexual assault laws.
Zaburoni v The Queen
Clarifies that recklessness regarding HIV transmission risk is not the same as intention to transmit HIV. This ruling means that if people are convicted of having sex without disclosing their HIV status, they will be convicted of lesser charges with lower penalty.
Resolution on HIV Discrimination and Criminalization
Calls for the elimination of HIV-specific criminal laws and implementation of approaches to HIV consistent with the treatment of similar health and safety risks. Endorses the recommendations of the Presidential Advisory Council on HIV/AIDS for ending federal and state HIV-specific criminal laws, prosecutions, and civil commitments.
Guiding Principles for Eliminating Disease-Specific Criminal Laws
This 2015 document from Positive Justice Project Steering Committee outlines their guiding principles for modernising or repealing HIV-specific criminal laws.
Best Practices Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically-Supported Factors
Provides technical assistance to ensure that HIV-related criminal laws and policies reflect contemporary medical and scientific understanding of the routes, risks, and consequences of HIV transmission.