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HIV and criminal law
HIV non-disclosure laws perpetuate social injustices against women in Canada

People living with HIV in Canada can be charged with aggravated sexual assault and be registered as sexual offenders if they do not disclose their HIV status,

Published
05 February 2019
By
Krishen Samuel
HIV and criminal law
Michigan State updates HIV disclosure laws to reflect impact of effective ART

On 8 January 2019 the outdated HIV disclosure law in the US State of Michigan has been modernised.

Published
23 January 2019
From
HIV i-Base
HIV and criminal law
Brixham repeat HIV sex offender faces 'significant' jail term

A man living with HIV is facing a "significant jail term" for having sex with a woman without telling her he has the virus. Under the terms of a sexual offences prevention order (SOPO), James Defalco, 57, has to tell anyone he is in a relationship with about his condition.

Published
21 January 2019
From
BBC News
HIV and criminal law
Gay Men: It's Time to Stop Calling the Police on One Another for HIV Non-Disclosure

No gay or bisexual men, as maligned as we all are still in the world, should ever think the best solution to deal with HIV -- whether you contract the virus or not -- is to use the police and the specter of a prison sentence.

Published
12 December 2018
From
The Body
HIV and criminal law
Attorney General of Canada to issue Directive Regarding Prosecutions of HIV Non-Disclosure Cases

The Directive to be issued by the Attorney General of Canada will reflect the most recent scientific evidence related to the risks of sexual transmission of HIV, as reviewed by the Public Health Agency of Canada, as well as the applicable criminal law as clarified by the Supreme Court of Canada. The Directive will state that, in HIV non-disclosure cases, the Director shall not prosecute where the person living with HIV has maintained a suppressed viral load (i.e. under 200 copies of the virus per millilitre of blood) because there is no realistic possibility of transmission.

Published
03 December 2018
From
Government of Canada
Undetectable viral load and treatment as prevention
Canada: Justice Department issues new guidelines on prosecution for non-disclosure of HIV status

Canadian HIV/AIDS Legal Network has welcomed new moves issued by the federal government to limit what it calls unjust prosecutions of people with HIV.

Published
03 December 2018
From
CBC
Ethnic and cultural minorities
Let’s stop criminalizing HIV status

Black people represent approximately 2.5 per cent of Canada’s population and 13.6 per cent of people living with HIV. Data shows that among non-disclosure cases, where the race of the defendant is known, only 36 per cent are Black, while 50 per cent are white. Yet this study of media representation found that since 1989, 62 per cent of all newspaper articles about HIV non-disclosure cases have focused on Black defendants. Moreover, since 2012 the majority of high profile cases of persons convicted under HIV criminalization legislation in Canada were African/Black men.

Published
30 November 2018
From
The Conversation
Undetectable viral load and treatment as prevention
‘Negligible’ risk of HIV transmission with a suppressed viral load, Canadian public health officials tell prosecutors

The potential for sexual HIV transmission when a person living with HIV adheres to antiretroviral therapy and maintains an undetectable viral load is ‘negligible’, says the Public

Published
23 November 2018
By
Roger Pebody
HIV and criminal law
Scottish hairdresser who tried to give gay partners HIV loses appeal against life sentence

Daryll Rowe became the first man in the UK to be found guilty of intentionally setting out to spread the virus.

Published
05 November 2018
From
Daily Record
HIV and criminal law
Man who infected two women with HIV and ‘took coward’s way out’ is jailed

Aaron Sutcliffe failed to tell the victims he had HIV and has now left both terrified they will pass the virus onto their children. A court heard the 29-year-old ignored his ‘moral and legal obligation’ to disclose his condition to the women and instead ‘took the coward’s way out’.

Published
01 November 2018
From
Metro
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Community Consensus Statement on Access to HIV Treatment and its Use for Prevention

Together, we can make it happen

We can end HIV soon if people have equal access to HIV drugs as treatment and as PrEP, and have free choice over whether to take them.

Launched today, the Community Consensus Statement is a basic set of principles aimed at making sure that happens.

The Community Consensus Statement is a joint initiative of AVAC, EATG, MSMGF, GNP+, HIV i-Base, the International HIV/AIDS Alliance, ITPC and NAM/aidsmap
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This content was checked for accuracy at the time it was written. It may have been superseded by more recent developments. NAM recommends checking whether this is the most current information when making decisions that may affect your health.

NAM’s information is intended to support, rather than replace, consultation with a healthcare professional. Talk to your doctor or another member of your healthcare team for advice tailored to your situation.