A collection of published news stories, opinion, and resources about so-called ‘HIV crimes’ from Edwin Bernard, an advocate for the human, sexual and reproductive rights of people living with HIV and a freelance journalist/consultant on HIV-related issues.
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Update(s): 12/13th March 2012The New Zealand Court of Appeal has ruled that otherwise consensual unprotected sex without disclosure of known HIV-positive vitiates consent, meaning that potential HIV exposure (non-disclosure without transmission) could well be upgraded from criminal nuisance to...
In a remarkable turns of events in the Swiss Federal Assembly's National Council (lower house) yesterday, the new, revised Law on Epidemics was passed with a last minute amendment by Green MP Alec von Graffenried that only criminalises the intentional spread of a communicable disease.The history of...
A group of 20 expert individuals and organisations from civil society around the world working to end inappropriate criminal prosecutions for HIV non-disclosure, potential exposure and non-intentional transmission from around the world came together in Oslo, Norway on 13 February 2012 to create the...
A 39 year-old gay man who was so in denial of the possibility that he might have been HIV-positive that he refused to take an HIV test until 2007 has been found criminal liable for infecting two former partners in 2003 and 2005.He was sentenced last Thursday by the criminal court of Draguignan to...
A 27 year-old former civil engineer and a 48 year-old married man who had casual sex at different times with a 37 year-old man (who subsequently tested HIV-positive) have each been sentenced to 18 months in prison because they did not disclose they were HIV-positive. This is the first time...
An 18 year-old pregnant woman from Eastern Bohemia in the Czech Republic, coinfected with both HIV and Hepatitis C, was sentenced to 2 1/2 years in prison last week for not disclosing that she was HIV-positive before having unprotected sex with her 19 year-old boyfriend. The judge, Miroslav...
Canada: Urgent sign on statement - ask Supreme Court to stop inappropriate criminalisation of people with HIV
On February 8, 2012, the Supreme Court of Canada will hear two landmark cases on the issue of criminalisation of HIV non-disclosure in R v. Mabior and R v. DC. The Court’s decisions in these two appeal cases will have profound implications not only for people living with HIV, but also for...
A man in Austria is taking a case to the Constitutional Court that challenges the forcible testing of blood for HIV (as well as for use in phylogenetic analysis) that was legalised on 1 January 2012 through an amendment of the Criminal Procedure Code by the Prevention of Terrorism Act 2011. ...
Important new research project on HIV criminalisation and law reform in Nordic countries by Prof. Matthew Weait
Following on from yesterday's post on advocacy efforts underway in Sweden, other Nordic countries and Switzerland, my friend and colleague, Matthew Weait, Professor of Law and Policyat Birkbeck College, University of London is about to undertake an important new research study in Denmark,...
In Sweden, the Communicable Diseases Act requires people with diagnosed HIV to disclose in any situation where someone might be placed at risk and to also practise safer sex (which, in Sweden, means using condoms - the impact of treatment on viral load and infectiousness is not yet considered...