hiv exposure

New Zealand: Court of Appeal rules HIV non-disclosure is sexual assault

Edwin J Bernard
March 13, 2012 08:29

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...

Canada: (UPDATE with documents) Montreal woman prosecuted in revenge, sentenced to a year in the community, acquitted on appeal

Edwin J Bernard
April 28, 2011 10:04

Update: April 28 2011In December 2010, the Court of Appeal acquitted the Montreal woman known as D.C. of the charges based on the fact that her viral load was undetectable at the time of single alleged one-off unprotected encounter, and therefore she did not pose "a significant risk of serious...

US: Coalition of Public Health and Legal Experts Urges Rational Response to Prosecution of People Living with HIV

Edwin J Bernard
April 27, 2011 17:19

Press Release from the Positive Justice Project(New York, April 27, 2011) -- The Positive Justice Project, a coalition of legal and public health experts that represent people living with HIV, is speaking out against sensationalist media coverage of criminal charges that have been brought against...

Canada: British Columbia man guilty again following retrial (update)

Edwin J Bernard
August 24, 2010 08:37

Update August 24th 2010 Adrian Nduwayo, has been found guilty again of five charges of aggravated sexual assault involving five women, three of whom subsequently tested HIV-positive, following a retrial at the BC Supreme Court. He was oringally guilty of the same charges, plus one of attempted...

US: Michigan woman gets 11 months for non-disclosure

Edwin J Bernard
August 20, 2010 11:21

A 54-year-old woman has been sentenced to 11 months in prison to failing to inform her male sex partner that she was HIV positive under Michigan's disclosure laws. Todd Heywood of the Michigan Messenger covers the case in two reports covering her March arrest and her sentencing following her 'no...