Safer law: moving from theory to practice
aidsmap news feature, July 19, 2006
The criminalisation of HIV transmission may be the starkest - and most publicised - intrusion by the law into the lives of HIV-positive individuals, but it is certainly not the only way that the legal system is changing the face of HIV in the United Kingdom in 2006. In addition to criminalisation, concerns by both doctors and patients regarding confidentiality; the recent calls for HIV-testing of all immigrants; the lack of access to treatment for - and dispersal or deportation of - many so-called asylum seekers; and debates around HIV and sex education in schools, mean that the legal aspects of HIV have become a major concern for many people involved in HIV prevention and treatment, as well as those who provide all kinds of support for HIV-positive people.
Scientific evidence alone cannot prove liability in criminal HIV transmission cases
aidsmap news, February 28, 2007
A briefing paper published today jointly by NAM and the National AIDS Trust (NAT) explains why criminal investigations of alleged sexual HIV transmission cannot be proved conclusively by scientific evidence alone. HIV Forensics: The use of phylogenetic analysis as evidence in criminal investigation of HIV transmission is aimed at virologists and other potential expert witnesses as well as people working in the criminal justice system, but may also be useful for those supporting HIV-positive individuals as either potential complainants or defendants.
Swiss court rules all people with HIV can be criminally liable for transmission, even if untested
aidsmap news, July 18, 2008
Switzerland's highest court - the Federal Court in Lausanne - has ruled that a man who was unaware of his infection when he had unprotected sex that transmitted HIV is still criminally liable. The ruling suggests that unprotected sex in Switzerland without first disclosing a sexual history may result in prosecution should HIV be transmitted.
Texas jury concludes saliva of HIV-positive man a ‘deadly weapon’, sentenced to 35 yrs jail
aidsmap news, May 16, 2008
A 42 year-old HIV-positive man from Texas who spat at a police officer during his 2006 arrest for being drunk and disorderly has been sentenced to 35 years in prison by a Dallas court and must serve at least half of his sentence before being eligible for parole because the jury found that his saliva was a deadly weapon.