The Criminalization of HIV Non-Disclosure – Experiences of people living with HIV In Canada

Canada is known globally as a leader for criminal and public health sanctions targeting people living
with HIV. Canada applies general criminal laws to cases of alleged HIV non-disclosure, most often
people face charges of aggravated sexual assault. Since 1989, over 200 cases have been identified.
Much research has been done on the issue, but this is the first known qualitative research study in
Canada examining the phenomena of criminal and public health charges for HIV non-disclosure
from the perspectives of those who have lived it.
The project examined the experiences of people living with HIV who were charged, prosecuted, or
threatened with criminal and public health charges in Canada because they had been alleged to not
tell sex partners of their HIV-positive status. The project was conducted between January 2016 to
January 2019.