Criminal HIV Transmission

Canada: Urgent sign on statement - ask Supreme Court to stop inappropriate criminalisation of people with HIV

2012-01-25T10:07:00.000Z

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 Canadian public health, police practice and the criminal justice system. There has been a marked

Austria: Man accused of criminal HIV transmission fights "unconstitutional" forced blood test

2012-01-18T11:46:00.000Z

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. He is being supported by Rechtskomitee LAMBDA, whose president, Dr. Helmut Graupner, is also his defence

Important new research project on HIV criminalisation and law reform in Nordic countries by Prof. Matthew Weait

2011-12-12T11:52:00.000Z

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 Policy at Birkbeck College, University of London is about to undertake an important new research study in Denmark, Finland, Norway and Sweden next Spring. With Matthew's permission, I'm replicating the note he sent me

Sweden: Campaign to change draconian, punitive policies for PLHIV aiming for Government review

2011-12-11T16:37:00.005Z

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 to be part of the safer sex armamentarium.) But in Sweden you're damned if you do (disclose) and

'HIV is not a crime' by Sean Strub

2011-12-09T12:04:00.004Z

Regular readers may be familiar with the case of Nick Rhoades from Iowa, who was arrested, prosecuted and sentenced to 25 years in prison because he didn't disclose he was HIV-positive during a one-night stand with another man, despite using condoms and having an undetectable viral load. Following intervention from human rights groups and HIV advocates, Nick's 25 year sentence was eventually

Canada: Urgent - support the call for prosecutorial guidelines in Ontario

2011-11-23T16:22:00.007Z

Canada is facing its most critical point in the history of criminalisation of HIV non-disclosure since the Supreme Court's 1998 Cuerrier decision which found that not disclosing a known HIV-positive status prior to sex that poses a "significant risk" of HIV transmission negates the other person's consent, rendering it, in effect, a sexual assault. In February 2012, the Supreme Court will hear

Punitive Economies: The Criminalization of HIV Transmission and Exposure in Europe

2011-11-14T13:22:00.000Z

Last week, Professor Matthew Weait presented this excellent paper at The Future of European Prevention Among MSM Conference (FEMP 2011) in Stockholm, Sweden. I'll also quote from the introduction here, but the entire paper is a must-read, and can be dowloaded here. The European region is suffering from an epidemic of criminalization. Across the continent, people living with HIV are being

Denmark: HIV to be removed from Article 252, but new statute wording may re-criminalise non-disclosure without "suitable protection"

2011-11-10T19:10:00.002Z

Denmark's new Minister of Justice Morten Bødskov is now taking formal steps to remove references to HIV from Article 252 of the Danish Penal Code which means that, for the time-being, HIV exposure and transmission is decriminalised. The news was released in a letter dated 8 November and provided to me by AIDS-Fondet (Danish AIDS Foundation). That's the good news. The not-so-good news is that

US: Positive Justice Project Members Endorse REPEAL HIV Discrimination Act

2011-09-23T12:00:00.001+01:00

Press Release New York, September 23, 2011 – Members of the Positive Justice Project, a national coalition dedicated to ending the targeting of people with HIV for unreasonable criminal prosecution, voiced their support for the REPEAL HIV Discrimination Act that Congresswoman Barbara Lee (D-CA) introduced today. Download the REPEAL ACT here The bill calls for review of all federal and state

Tell your story - how are you impacted by HIV criminalisation?

2011-08-04T18:55:00.001+01:00

Understanding the unintended impacts of the criminalisation of HIV exposure or transmission – way beyond the relatively few individuals who are accused, arrested and/or prosecuted – can play a crucial part in advocating against such laws and prosecutions. Over the next few months, there are going to be multiple opportunities to highlight issues such as: Creating fear and confusion about relying

New report explores implications of tests to estimate timing of HIV infection for criminal prosecutions

2011-08-04T14:06:00.002+01:00

From UNAIDS front page today. Feature Story: New report explores implications of tests to estimate timing of HIV infection for criminal prosecutions The UK charity National AIDS Trust (NAT) launched a report on 4 August 2011, entitled Estimating the likelihood of recent HIV infection – implications for criminal prosecution, which explores the validity and meaning of the Recent Infection

Canada: HIV "murderer" Aziga now also a "dangerous offender", locked up for life

2011-08-03T20:40:00.001+01:00

Johnson Aziga, 55, an African migrant living with HIV, is a now officially a "dangerous offender" according to Canadian criminal law. Mr Aziga is already considered a "murderer" two times over. He was convicted in 2009 of two counts of first-degree murder, ten counts of aggravated sexual assault and one count of attempted aggravated sexual assault, because he had unprotected sex with eleven

UK: The return of the "HIV Monster"

2011-07-27T13:26:00.002+01:00

The British tabloid press had a field day yesterday following the sentencing of Nkosinati Mabanda, 44, at Wolverhampton Crown Court for 'reckless' HIV transmission. He received a four year prison sentence; was also given an anti-social behaviour order (ASBO) ordering him not to have sex without first revealing his HIV status (unclear if this also covers his time in prison); and will be

Denmark: HIV criminalisation exports stigma, writes Justice Edwin Cameron

2011-06-14T10:30:00.003+01:00

Denmark's leading broadsheet newspaper, Politiken, last week published an article by Justice Edwin Cameron of the South African Constitutional Court congratulating Denmarks' recent suspension of its HIV-specific criminal statute, and asking that it considers abolishing it altogether – otherwise it risks being emulated in low-income settings that follow the country's example of an otherwise strong

Belgium: First criminal conviction under poisoning law, advocates caught unawares

2011-06-13T10:08:00.002+01:00

Last week saw the first successful prosecution for criminal HIV transmission in Belgium. The case surprised the main HIV support organisation, Sensoa, who were only informed of the case by the media because neither complainant nor defendant (both of whom were African migrants) had contacted them for support or legal advice. Details of the case are relatively sketchy and only available in

US: (Update) Nebraska passes unscientific, stigmatising body fluid assault law

2011-06-07T10:00:00.000+01:00

Update: June 7 2011 I've just learned via my colleagues at the Positive Justice Project in the US, that The Assault with Bodily Fluids Bill (LB226) introduced into the Nebraska State Legislature by Senator Mike Gloor recently passed into law with no amendments. For further background on the bill, and Sen. Gloor's motivation for introducing it, read this excellent piece from Todd Heywood in The

Denmark: (Updated) 122 NGOs endorse civil society letter congratulating Government's suspension of HIV-specific law, asking for its abolition

2011-05-31T09:35:00.001+01:00

Update May 31st: A total of 122 civil society organisations from around the world have signed the letter which was delivered to the Danish Minister of Justice and the Danish Minister of Health in mid-May. Thank you to everyone who signed! Download the letter here Original post: March 31st Following on from last month's suspension of Denmark's HIV-specific criminal law, advocates are now

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

2011-04-28T11:52:00.002+01:00

Update: April 28 2011 In 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 harm" to her ex-partner. Thanks to a colleague in Canada, I now have the (unofficial) English

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

2011-04-27T18:19:00.000+01:00

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 an HIV-positive African American man in Buffalo. Darryl Fortner, 20, who has no prior criminal

UNAIDS announces new project examining "best available scientific evidence to inform the criminal law"

2011-04-27T12:48:00.001+01:00

A new project announced yesterday by UNAIDS will "further investigate current scientific, medical, legal and human rights aspects of the criminalization of HIV transmission. This project aims to ensure that the application, if any, of criminal law to HIV transmission or exposure is appropriately circumscribed by the latest and most relevant scientific evidence and legal principles so as to

New Zealand: Charges dropped in criminal HIV transmission case

2011-03-30T11:53:00.000+01:00

All charges against a Wellington man accused of not disclosing his HIV-positive status prior to unprotected sex with his female partner who subsequently tested HIV-positive have been dropped because police are unable to trace the complainant. Not only did Justice Simon France drop the charges of "wounding with intent to cause grievous bodily harm" but also ordered that the man's name be

France: Man sentenced to five years for alleged transmission during one-off unprotected sex encounter in 1999

2011-03-29T10:59:00.000+01:00

A 40 year old man has been found guilty of administering a harmful substance to one's spouse or common law husband/wife with the consequence of lifelong impairment ("administration de substance nuisible par conjoint ou concubin ayant entraîné une infirmité permanente") for not disclosing his HIV status to a former partner in 1999, who subsequently was also diagnosed HIV-positive. The Assize

US: State public health officials condemn 'stigmatising, harmful' HIV-specific laws

2011-03-15T12:05:00.001Z

This weekend, the National Alliance of State and Territorial AIDS Directors (NASTAD) released a statement that signifies an extremely important development in the Positive Justice Project's campaign to repeal HIV-specific criminal laws in the United States. NASTAD is a highly-respected organisation of public health officials that administer state and territorial HIV prevention and care

Congo: First ever criminal prosecution nets 15 years for husband under poisoning law

2011-03-11T15:29:00.000Z

The Criminal Chamber of the Court of Appeal of Pointe-Noire in Congo (also known as the Republic of Congo, or Congo-Brazzaville - not to be confused with its larger neighbour, Democratic Republic of Congo) has sentenced an HIV-positive man to 15 years in prison after finding him criminally liable for his infecting his wife. The sentence – which also included a payment of $100 million CFA

Denmark: Justice Minister suspends HIV-specific criminal law, sets up working group

2011-02-17T13:08:00.001Z

Denmark's Justice Minister Lars Barfoed has today suspended Article 252 of the Criminal Code – the so-called 'HIV law' – pending an inquiry by a government working group to consider whether the only HIV-specific law in Western Europe should be revised or abolished. The move was announced today in a press release by AIDS-Fondet (AIDS Foundation) and covered in the gay magazine, Out and About. (

US: Montana legislator's HIV "ignorance in the first degree" exposed and denounced

2011-02-10T12:58:00.006Z

Judicial ignorance is something I often highlight on my blog. Sadly, it is most often (but not exclusively) seen in the United States – a place where a Michigan prosecutor believes that biting someone in self-defence is terrorism if the biter is HIV-positive; where a Texas defence lawyer believes people with HIV are potential "serial killers" if they don't disclose before having unprotected sex

UK: Man accused of 'intentional' transmission last month turns himself in

2011-02-04T11:12:00.001Z

A 27 year-old man whose name and picture was published last month by The Mirror, following allegations from a former partner that she became HIV-positive as a result of unprotected sex without him first disclosing that he had HIV, was arrested on Thursday by Runcorn police after he turned himself in. Unusually, according to yesterday's Mirror report, he was charged for 'intentional' transmission

US: Dying daughter released from Florida jail following spitting conviction - UPDATE

2011-01-05T15:13:00.000Z

Update: January 5 2011 The Bilerico Project reports today that The Florida Parole Board met in an emergency meeting this morning to hear Betsie's case. The board approved a conditional medical release in a 2 to 1 vote; Betsie is being released to a Miami hospice to live out her final weeks of life surrounded by her family. Original post: December 24 2010 As we focus on friends and family over

Finland: Kenyan-born former 'erotic dancer' sentenced to 4 1/2 years for HIV exposure

2010-12-22T13:53:00.003Z

A 28 year-old Kenyan-born woman – who apparently worked as an "erotic dancer" to support herself after her marriage to her Finnish ex-husband ended – has been sentenced to 4 1/2 years in prison by a Tampere court for not disclosing that she was HIV-positive before having unprotected sex with 16 men during the five year period, 2005-2010. However, she was only diagnosed in April 2006, and

Sweden: Underreported: The Link Between Julian Assange and Sweden’s Repressive HIV Law

2010-12-17T08:12:00.001Z

"The arrest of Wikileaks founder Julian Assange has focused a spotlight on Sweden’s supposedly liberal, human rights-based sex conduct laws," writes Julie Turkewitz on the Housing Works blog. (Housing Works is an AIDS advocacy organisation in New York.) Julie and I have been corresponding since December 9th, when she emailed me with a query about Swedish laws that criminalise sexual contact

Switzerland: Government ignores expert recommendation to decriminalise non-intentional HIV exposure and transmission

2010-12-08T17:50:00.004Z

The Swiss Government has ignored expert recommendations to decriminalise everything but intentional HIV exposure or transmission following a consultation on changing Article 231 of the Swiss Penal Code, according to a strongly worded press release from Groupe sida Genève issued yesterday. At the International AIDS Conference in Vienna earlier this year, the Swiss Federal Commission for

US: Michigan bite man charged under anti-terrorism laws gets 11 months probation in plea deal (update-4)

2010-12-08T12:10:00.000Z

Update: Dec 8th 2010 Macomb County Circuit Court Judge Peter Maceroni today sentenced the 46 year-old Michigan man once charged under terrorism laws for allegedly biting his neighbour to eleven months on probation after pleading guilty to a single assault charge. "This was nothing more than gay-bashing," attorney James L. Galen Jr. told Fox 2. "The only reason my client took a plea deal was

Canada: Quebec gay man arrested, remanded in custody for non-disclosure prior to bareback orgy

2010-12-01T09:15:00.001Z

A judge in Quebec has remanded a 32 year-old gay man in custody after the Crown prosecutor branded him a "danger to the public" following allegations that he did not disclose that he was HIV-positive with men he met for sex on the internet using the pseudonym bbackbottom31. The man currently faces four charges relating to sex with two men during a bareback orgy – two aggravated assault charges

US: PBS 'In The Life' highlights criminalisation in 'Legalizing Stigma' segment

2010-12-01T00:01:00.003Z

In The Life, the longest running show on broadcast TV documenting the GLBT experience, is featuring the criminalisation of non-disclosure in the United States this month, starting today, World AIDS Day. It's the first time that a nationally screened TV programme in the United States has tackled the issue with the depth and sensitivity required (notwithstanding the segment's 15 minute running

Global: Powerful personal testimony and video highlight criminalisation concerns

2010-11-30T15:50:00.002Z

IPPF (the International Planned Parenthood Association) has been campaigning against the criminalisation of HIV non-disclosure, alleged exposure and non-intentional transmission for the past few years, and this World AIDS Day they are highlighting their 'Criminalise Hate Not HIV' Campaign. They have produced a beautifully shot two minute video highlighting their ongoing campaign, which you can

Evidence: Claims that phylogenetic analysis can prove direction of transmission are unfounded, say experts

2010-11-26T10:59:00.001Z

I'm reproducing this news article I wrote for aidsmap.com in case anyone hasn't seen it, because it is a really important issue. Claiming that phylogenetic analysis is so reliable as to be able to 'prove' who infected who in a criminal court case is reckless and somewhat self-serving. A report from the United States published last week in the Proceedings of the National Academy of Sciences

Canada: Civil HIV exposure case over consensual lesbian sex in jail - analysis

2010-11-23T08:27:00.001Z

Last week, a woman in Kamloops, BC, arrested for drunkenness and who subsequently engaged in consensual lesbian sex with a fellow prisoner (revealed 10 days later as being HIV-positive) – and who were watched by seven members of the Royal Canadian Mountain Police – filed a lawsuit in the British Columbia Supreme Court seeking damages from the provincial and federal governments, the City of

US: Positive Justice Project publishes essential new advocacy resource

2010-11-17T18:14:00.000Z

The Center for HIV Law and Policy has released the first comprehensive analysis of HIV-specific criminal laws and prosecutions in the United States. The publication, Ending and Defending Against HIV Criminalization: State and Federal Laws and Prosecutions, covers policies and cases in all fifty states, the military, federal prisons and U.S. territories. Ending and Defending Against HIV

France: Gay man imprisoned for two years for infecting partner; trial debates shared responsibility

2010-11-17T11:51:00.000Z

A gay man from the eastern French city of Besançon was sentenced to two years in prison last week for lying about his recently-learned HIV-positive status and then having unprotected sex with his ex- partner who is now also HIV-positive. According to an article in Le Progres, the man, now 36, and his ex, now 29, began a relationship in 2005. They used condoms at first but after some time

Opinion: I Am HIV Positive and I Don’t Blame Anybody—Including Myself

2010-11-12T17:19:00.001Z

A few months ago, I received an email from a young researcher and activist living with HIV. Kirk Grisham said some very nice things about my work, and told me that I had inspired him to both write about the issues behind criminalisation, as well as to 'come out' publically about his HIV status. The result is this fantastic analysis for ColorLines around personal responsibility for HIV

Nigeria: Oh the irony - "aggressive dissemination" of HIV-specific law both increases and punishes stigma

2010-11-11T16:37:00.002Z

It was passed three years ago, but only now has the Lagos State AIDS Control Agency (LSACA), in collaboration with Enhancing Nigerian HIV Response (ENR) and the Lagos State Ministry of Justice begun "aggressive dissemination" of the Law for the Protection of Persons Living with HIV and Affected by AIDS in Lagos state and for other Concerned Matters. According to the Daily Independent, the law's

Ukraine: Revised HIV law may no longer mandate disclosure

2010-11-11T16:00:00.000Z

A new version of Ukraine's HIV-specific law, adopted by the Ukrainian Parliament in its first hearing on 21 October, promises several positive changes, including removal of the statute mandating disclosure of known HIV-positive status prior to any activity that may risk exposure. According to a press release from the International AIDS Society, the following changes will be implemented:

US: Sean Strub blogs on why tackling criminalisation is crucial

2010-11-09T09:08:00.001Z

POZ magazine founder, fellow anti-criminalisation advocate – and friend – Sean Strub, recently joined forces with the incredible Catherine Hanssens and her amazing team at the Centre for HIV Law & Policy to launch the Positive Justice Project. In his latest blog post at POZ.com, Criminalization 101, he explains why the criminalisation of non-disclosure, exposure and non-intentional transmission

South Korea: Court refuses arrest warrant for teenage sex worker alleged to have exposed 20 men without disclosure

2010-10-31T09:59:00.001Z

A 19 year-old female sex worker from the southern port of Busan was picked up by South Korean police last week after her father alleged she had unprotected sex with up to 20 male clients since testing HIV-positive in February. However, according to an AFP report in The Straits Times the court in Busan rejected a request from police to issue an arrest warrant for the woman, saying she should

US: Positive Justice Project launches, aims to remove HIV-specific laws

2010-09-28T05:23:00.000+01:00

Press Release: HIV Advocacy Group Launches Positive Justice Project To Fight Stigma and Discrimination by Repealing HIV-specific Criminal Statutes The Positive Justice Project, a campaign of the Center for HIV Law and Policy, was launched this week to combat HIV-related stigma and discrimination against people with HIV by the criminal justice system. A day-long organising meeting, held

US: Majority of gay US men support criminal non-disclosure laws

2010-09-21T12:28:00.000+01:00

The overwhelming majority (70%) of HIV-negative and untested men (69%) in the United States support prosecutions for not disclosing known HIV-positive status before sex that may risk HIV transmission, according to a new study by Keith J. Horvatha, Richard Weinmeyera and Simon Rosser at the University of Minnesota, Minneapolis. Even more disturbing is the fact 38% of HIV-positive men endorsed

Global: HIV and the criminal law book now available; hear me speak in Ottawa and Toronto

2010-09-17T08:43:00.001+01:00

The next few weeks sees my involvement in a flurry of anti-criminalisation advocacy in the United States and Canada, coinciding with the publication of the book version of the new international resource I produced for NAM and an article in HIV Treatment Update summarising the current global situation. HIV and the Criminal Law Email: info@nam.org.uk to order a copy Preface by The Hon.

South Africa: Opposition leader Helen Zille says HIV exposure is 'attempted murder', cites Nadja Benaissa case as example

2010-09-13T10:14:00.000+01:00

South Africa's leader of the Democratic Alliance opposition party, Western Cape Premier Helen Zille has said that HIV-positive people who knowingly have unprotected sex without disclosing their status, should be charged with attempted murder. She also cited the recent case of German pop star, Nadja Benaissa, as an example for South Africa to follow. Her remarks, reported in the Cape Times, were

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

2010-08-24T16:00:00.001+01:00

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 aggravated sexual assault and one of sexual assault in 2005 and sentenced in 2006 to 15 years in

Canada: New report calls for prosecutorial guidelines to establish 'significant risk'

2010-08-24T09:57:00.001+01:00

A new report, launched at AIDS 2010 in Vienna last month, recommends that the Ontario Ministry of the Attorney General establish a consultation process to inform the development of prosecution guidelines for cases involving allegations of non-disclosure of sexually transmitted infections, including HIV. HIV Non-Disclosure and the Criminal Law: Establishing Policy Options for Ontario contributes

US: Michigan woman gets 11 months for non-disclosure

2010-08-20T12:21:00.000+01:00

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 contest' plea. She is accused of failing to tell a 45-year-old Traverse City man that she was

Canada: 2 cases - Alberta man gets three years for non-disclosure; woman refugee arrested and charged in Ontario

2010-08-19T18:52:00.001+01:00

A 44 year-old man from Edmonton, Alberta who pleaded guilty to aggravated assault for not disclosing that he was HIV-positive during a one-off consensual encounter with a woman – whilst his viral load was undetectable – has been has been sentenced to three years in prison. According to the Toronto Sun report, he had been charged with aggravated sexual assault but was "allowed to plead guilty to

Global: AIDS 2010 round-up part 2: Posters

2010-08-19T18:24:00.002+01:00

This selection of posters presented in Vienna follows up from my previous AIDS 2010 posting on the sessions, meetings and media reporting that took place during last month's XVIII International AIDS Conference. I'll be a highlighting a few others in later blog posts, but for now here's three posters that highlight how the law discriminates; why non-disclosure is problematic to criminalise; and

Canada: Gay man in Ottawa accused of HIV exposure charged with attempted murder faces further charges (update 2)

2010-08-18T09:33:00.002+01:00

Update: August 18 2010 The 29-year-old man gay accused of not disclosing his HIV-positive status to several men before otherwise consensual sex now faces 26 charges in Ottawa and further five charges in Kitchener according to the latest update from Canada's gay newspaper and online resource, Xtra.ca, which continues to report responsibly about the case by not disclosing the names of the accused,

Germany: Nadja Benaissa trial is a distracting sideshow

2010-08-17T11:44:00.001+01:00

Too much focus on the individual issues of personal morality of the Nadja Benaissa case in press reports around the world (822 and counting) and during my three live interviews with BBC World Service radio yesterday (the first of which was also used on the BBC news online website) led me to write this editorial for The Guardian. The trial of No Angels singer, Nadja Benaissa, began yesterday and

Texas: Another 'deadly weapon' HIV exposure conviction: 15 years for one-off sexual encounter

2010-08-14T10:56:00.004+01:00

A 26 year-old man from the small Texan town of Copperas Cove has been sentenced to 15 years in prison with an additional $3000 fine after pleading guilty to charges of aggravated assault with a deadly weapon. The aggravated assault? Having one-time consensual unprotected sex with a 16 year-old male after the two met on Grindr. The deadly weapon? HIV, of course. The details of the man's

Germany: Nadja Benaissa trial begins on Monday

2010-08-13T09:51:00.000+01:00

Update 1: August 13 2010 The trial of No Angels singer, Nadja Benaissa, now 28, begins this Monday, August 16th in the Darmstadt youth's magistrate court (Jugendschöffengericht). She faces accusations of one count of grievous bodily harm for allegedly not disclosing her HIV-positive status prior to unprotected sex in 2004 with a complainant who subsequently tested HIV-positive, and four counts

Guyana: Lawmakers debate HIV-specific criminal law

2010-08-06T09:20:00.001+01:00

A newly proposed law for the South American country of Guyana, entitled 'Criminal Responsibility of HIV Infected Individuals' was recently debated in the country's National Assembly. (Thanks to Lucy Reynolds from the London School of Hygiene and Tropical Medicine for alerting me). Two news reports published on July 30th – on Caribbean 360 and Stabroek News – cover the debate and outcome.

Global: AIDS 2010 round-up part 1: sessions, meetings and media reports

2010-08-05T16:36:00.001+01:00

A remarkable amount of advocacy and information sharing took place during the XVIII International AIDS Conference held in Vienna last month. Over the next few blog posts, I'll be highlighting as much as I can starting with a round-up of sessions, meetings, and media reports from the conference. A separate blog post will highlight posters, a movie screening and some inspirational personal

Global: 'Where HIV is a crime, not just a virus' - updated Top 20 table and video presentation now online

2010-08-04T08:58:00.000+01:00

Where HIV Is a Crime, Not Just a Virus from HIV Action on Vimeo. Here is my presentation providing a global overview of laws and prosecutions at the XVIII International AIDS Conference, Vienna, on 22 July 2010. Abstract: Where HIV is a crime, not just a virus: a global ranking of prosecutions for HIV non-disclosure, exposure and transmission. Issues: The global (mis)use of the criminal law

Australia: Defendant in AU$750k Sydney gay civil case now faces criminal charges

2010-07-30T14:36:00.000+01:00

A 55 year-old gay man who was successfully sued for AU$757,487 in April for allegedly misrepresenting his HIV-positive status as HIV-negative to his former long-term partner who is now also HIV-positive, is now facing criminal charges. one count of “cause person to contract grievous bodily disease”. He will appear in Balmain Local Court on August 11. Reporting of both the civil case outcome and

Global: Four anti-criminalisation advocacy resources launched at AIDS 2010

2010-07-27T12:32:00.004+01:00

The XVIII International AIDS Conference held last week in Vienna was a hotbed of anti-criminalisation advocacy, including an extremely well-attended and well-received pre-conference meeting – Criminalisation of HIV Exposure and Transmission: Global Extent, Impact and The Way Forward – that I co-organised on behalf of NAM, along with GNP+ and the Canadian HIV/AIDS Legal Network. We're working on

US: Maryland man gets five years for unintentionally spitting on cop

2010-07-27T10:59:00.007+01:00

A 44 year-old HIV-positive man from Hagerstown, Maryland was found guilty of second-degree assault yesterday for unintentionally spitting on a police officer during his arrest and has been sentenced by Judge Daniel P. Dwyer to five years in prison.According to the report in The Herald-Mail Jeffrey Lynn Black was being arrested by Officer Richard Cook for vandalism and was drunk at the time.

US: Obama administration calls for end to HIV-specific criminal laws

2010-07-20T17:04:00.004+01:00

Fantastic news from the United States, courtesy of Todd Heywood at the Michigan Messenger. His article is reproduced in full below.On Thursday I present my poster at AIDS 2010 analysing two years of US arrests and prosecutions, so this is extremely timely, and very exciting. It is also the first time I have added a 'decriminalisation' label to my keywords - a significant milestone!From the

US: Nushawn Williams "poster child" of newly proposed HIV-specific law faces a lifetime of civil confinement (update 2)

2010-07-20T11:20:00.000+01:00

Update: July 20thA New York Supreme Court judge in Buffalo has dismissed Nushawn Williams's petition for release and ruled he could remain in jail while awaiting his October trial under New York's Civil Confinement Law.Update: May 11thNo big surprise, but a New York State Supreme Court judge has ruled that Nushawn Williams "poses a danger to society and as a result, must remain behind bars

Austria: Matthew Weait guest blogs on recent mother-to-child transmission conviction of HIV denialist

2010-07-16T14:25:00.004+01:00

The recent conviction of Austrian HIV denialist Barbara Seebald for: rejecting taking the prescribed medicine during her pregnancy despite knowing of her HIV infection, giving birth to her child naturally and at home with the help of a midwife who was not informed about her HIV infection despite the former arrangement with the doctors that the birth should be a Caesarean, breastfeeding the

UK: New Guidance for Police Investigating Criminal Transmission of HIV

2010-07-16T11:07:00.002+01:00

I'm reproducing below a press release issued yesterday by the National AIDS Trust (NAT) about the new UK (with the exception of Scotland) guidance for police officers investigating allegations of criminal HIV transmission. We'll hear more about the guidance – a world's first – and how it was developed, at the International AIDS Conference in Vienna which begins on Sunday.

Ireland: Police HIV risk "as likely as being struck by asteroid"; compensation slashed

2010-07-13T09:51:00.005+01:00

The risk faced by Irish police of occupational exposure to HIV and other blood-borne infections is "as likely as being struck by an asteroid," according to expert testimony during a test compensation case conducted by Ms Justice Mary Irvine in July 2009 following a high level of compensation claims involving fear of transmission of such diseases coming before the Irish courts.Since then, reports

Angola: Police report two prosecutions in 2007/8

2010-07-13T07:13:00.003+01:00

The first reported use of Angola's 2004 HIV-specific law suggests at least two successful prosecutions in 2007/8. The brief-but-stigmatising report by Angola Press is below. It should be noted that "intentional transmission" is very likely to simply mean there was non-disclosure of known HIV-positive status prior to unprotected sex. It is unclear why the police released these data now.

Austria: AIDS 2010 delegates warned about criminal HIV exposure laws; law clarified but not binding

2010-07-12T15:48:00.006+01:00

The organisers of the International AIDS Conference, due to be held in Vienna from next Sunday (18th July), have today provided an important update on Austria's criminal HIV exposure and transmission laws. They recommend that anyone who is aware they are living with HIV practice safer sex and safer injecting practises whilst in Austria to minimise the legal risks. Although the Austrian

Canada: Vancouver police hunt one man, add more charges to another

2010-07-01T07:48:00.007+01:00

In Vancouver, two different men have been accused of not disclosing their HIV-positive status prior to sex with their female partners. Local media are having a field day.The first, a Caucasian man in his late 20s, was arrested on May 19, according to a June 4th CBC News report following which North Vancouver police issued a press release that included the man's name and photo which appeared in

Mexico: Laws Criminalising HIV Transmission Are Discriminatory

2010-06-30T22:13:00.002+01:00

I'm republishing this excellent article from the Inter Press Service providing the first overview I've ever seen of the individual Mexican state's laws that can be used to prosecute people with HIV for not disclosing before sex. So far there have been no prosecutions.Mexico: Laws Criminalising HIV Transmission Are Discriminatory Inter Press Service - June 29, 2010Emilio Godoy MEXICO

UK: The scandal of Scottish HIV exposure prosecutions (updated)

2010-06-29T12:18:00.002+01:00

Update: June 29 2010Mark Deveraux's appeal against the length of his sentence has been successful and he will now serve eight years in prison, rather than the ten years passed down in February.BBC news online reportsAt the Court of Criminal Appeal in Edinburgh, Lord Osborne, sitting with Lord Kingarth, ruled that the sentence had been excessive.Mr Deveraux continues to make tabloid headlines.

Papua New Guinea: Prosecute religious leaders who spread fear and misinformation about condoms and ART

2010-06-29T09:24:00.002+01:00

Now here's a new HIV-specific law I could support: "the prosecution of religious leaders who not only spread misleading information on the use of condoms but also negatively influence a HIV patient not to use the antiretroviral treatment (ART)."Papua New Guinea's Post-Courier reports that Rod Mitchell, chief executive of the Business Coalition against HIV and AIDS (BAHA) made the calls

Global: UN Global Commission on HIV and the Law launched, US refuses entry to TAG member

2010-06-25T11:07:00.006+01:00

Yesterday, UNDP and UNAIDS launched the new Global Commission on HIV and the Law, previously mentioned here.The Commission’s aim is to increase understanding of the impact of the legal environment on national HIV responses. Its aim is to focus on how laws and law enforcement can support, rather than block, effective HIV responses. Although most reports have simply reworked parts of the UNDP

Laos: Legislators consider HIV-specific law allowing "prosecution of wrongdoers"

2010-06-25T07:08:00.004+01:00

A brief report from the German News Agency, dpa, suggests that leglislators in Laos are considering a new HIV-specific law that will include criminal exposure or transmission provisions.The law would also introduce the "prosecution of wrongdoers," the report said.Some of Laos' neighbouring countries, including Cambodia, China, and Vietnam already have statutes that allow for such prosecution,

Sweden: Gay doctor convicted of HIV exposure, but HIV transmission charges dropped due to lack of evidence

2010-06-22T09:15:00.003+01:00

A gay man in Stockholm who works as a doctor has been sentenced to ten months in prison for 'reckless endangerment' and must pay 26,900 kronor (€2825) compensation for having unprotected sex without disclosure with another man.However, the more serious charge of aggravated assault brought by a second man who alleged that he became HIV-positive as a result of unprotected sex with the defendant was

US: Indiana teenager arrested for non-disclosure

2010-06-16T09:34:00.002+01:00

A 19 year-old girl from Frankfort, Indiana has been arrested and held in the county jail because a 22 year-old man she met on MySpace claims he had unprotected sex with her last month and that she did not tell him she was HIV-positive until she knew him a little bit better.A Clinton County teenager is accused of lying about having HIV to someone with whom she had unprotected sexual intercourse

Uzbekistan: Negligent liability now added to HIV-specific criminal law

2010-06-11T09:37:00.003+01:00

The Uzbek government has amended article 113 of Uzbekistan's Criminal Code to allow for easier prosecution for medical negliglence resulting in HIV transmission, according to a report on eurasianet.org. Article 113, passed in 1999 and enacted in 2001, criminalises both knowing HIV exposure and transmission, both of which are punishable by imprisonment from eight to ten years. According to the

Ghana: Calls for new HIV-specific criminal law heeded by AIDS Commission

2010-06-11T08:51:00.005+01:00

The Ghana AIDS Commission is undertaking a legal audit to establish whether there is a need for a new HIV-specific criminal law against "deliberate" transmission, according to a report from Ghanian radio station, Joy.According to the report, some members of a PLHIV self-help group, Models of Hope, have claimed that the phenomenon of deliberate transmission is "very prevalent" in Ghana.Reports

Global: UNAIDS/UNDP supports Swiss statement, announces new Global Commission on HIV and the Law

2010-06-09T09:55:00.009+01:00

Following on from yesterday's post about the report by the UN Special Rapporteur on the Human Right to Health, on the impact of criminalisation, UNAIDS and UNDP have issued a statement welcoming the report. (Click here for the pdf: full text below)One of the most intriguing things about this statement is its recognition that antiretroviral therapy significantly reduces the risk of infection on

Global: UN 'Criminalisation undermines the Human Right to Health'

2010-06-08T16:59:00.004+01:00

One of the most significant documents produced so far on the criminalisation of HIV non-disclosure, exposure and transmission was published today by the United Nations.It is a report by Anand Grover, the UN Special Rapporteur on the Human Right to Health, specifically the right of everyone to enjoy the highest attainable standard of physical and mental health.His report highlights the many human

Uganda: Latest version of HIV/AIDS Prevention and Control Act introduced, HRW analysis

2010-05-20T10:50:00.003+01:00

Yesterday, Beatrice Rwakimari, Chairperson of the Committee on HIV/AIDS and Related Matters introduced the latest version of the 2010 HIV/AIDS Prevention and Control Act to the Ugandan parliament.According to a press release from Human Rights Watch (HRW) issued yesterday:"The bill contains measures that have been proven ineffective against the AIDS epidemic and that violate the rights of

US: CDC finally admits criminalisation is problematic

2010-05-20T09:47:00.005+01:00

A campaign by the HIV Prevention Justice Alliance for the US Centres for Disease Control and Prevention (CDC) to confront criminalisation in the United States is finally bearing fruit.The HIV Prevention Justice Alliance is network of organisations advocating for effective and just HIV prevention policies for the United States, coordinated by Community HIV/AIDS Mobilization Project (CHAMP) in

UK: HIV transmission case dropped against gay Doncaster man

2010-05-19T10:34:00.004+01:00

A case against a gay man in Doncaster, in the north of England, who was accused of 'recklessly' transmitting HIV to two male complainants, has been dropped due to lack of evidence - apparently there had been no investigation of the previous sexual partners of the complainants who may have infected them.I don't have a lot of details about the case, which I first heard about in March 2009, and I

Uganda: Minister's turnaround on HIV bill raises concern (PLUSNews)

2010-05-13T11:21:00.002+01:00

KAMPALA, 11 May 2010 (PlusNews) - Ugandan AIDS activists have expressed concern over a decision by the Ministry of Health to back an HIV/AIDS bill that would criminalize the deliberate transmission of HIV. Last week, State Minister for Health in charge of General Duties, Richard Nduhura, appeared before the parliamentary committee on HIV to explain the government's position on the HIV

UPDATE - Canada: Gay man acquitted of HIV exposure in Vancouver, risk not significant enough for liability

2010-05-12T10:23:00.003+01:00

Update: May 12thYesterday, the Canadian HIV/AIDS Legal Network issued a press statement on the case, available here. The reasons for judgment in the case (R. v. J.A.T., 2010 BCSC 766) were made public on June 2nd. Today, aidsmap.com published a news story that I wrote last night highlighting the most salient points. Read the full story here The case before the courts in

South Africa: AIDS Law Project reinvented as SECTION27

2010-05-11T09:11:00.004+01:00

As of last Friday, the ground-breaking South African AIDS Law Project (ALP), founded by Edwin Cameron in 1993, became part of SECTION27, a new NGO that focuses on all "the socio-economic conditions that undermine human dignity and development, prevent poor people from reaching their full potential and lead to the spread of diseases that have a disproportionate impact on the vulnerable and

Germany: After Nadja Benaissa, two more women prosecuted for HIV exposure and transmission

2010-05-07T10:32:00.008+01:00

Until the very public arrest of German pop singer, Nadja Benaissa in 2009, all of the approximately 20 prosecutions and 15 convictions that had taken place in Germany had involved male defendants. Over the past few months, however two more women have been on trial: one for allegedly exposing her male partner to HIV without disclosing her HIV-positive diagnosis, the other for allegedly

Canadian HIV law at a crossroads (Xtra.ca)

2010-05-06T09:27:00.003+01:00

Reposting this article from Xtra.ca published online today. Tomorrow's verdict (due to be issued 9am Vancouver time) will be as important to people living with HIV – and public health – in Canada as the outcome of UK's general election. Will provide full details of trial and commentary on Monday. Canadian HIV law at a crossroads CRIMINALIZATION OF HIV / Vancouver,

Canadian HIV/AIDS Legal Network welcomes Crown decision to drop criminal charges in Hamilton HIV case: guidelines needed

2010-04-23T08:25:00.004+01:00

Press ReleaseAIDS ORGANIZATION WELCOMES CROWN DECISION TO STAY CRIMINAL CHARGES IN HAMILTON HIV CASEBut guidelines needed to avoid unsound, unjust prosecutions TORONTO, April 22, 2010 The Canadian HIV/AIDS Legal Network welcomed the announcement at Hamilton’s courthouse this morning that the prosecution is staying the criminal charge of aggravated sexual

Asian AIDS Law Database Launches Online - press release

2010-03-11T08:32:00.003Z

Asia Catalyst is proud to announce the “public beta” launch of its Asian AIDS Law Database. The database is a free, user-friendly resource, searchable in Chinese and English, to help researchers to find HIV/AIDS-related statutes throughout Asia. It is the first database exclusively dedicated to this purpose.With the “public beta” launch, Asia Catalyst invites lawyers, experts and organizations to

Temporary hiatus

2010-02-05T18:07:00.002Z

Regular visitors will have noticed that apart from one entry in January, I have not been updating this blog since the middle of December. One of the reasons for this is that I am currently immersed in writing a book about HIV and the criminal law for the UK HIV information charity, NAM. In fact, I started the blog with this book in mind. The book is an examination of laws, arrests and

UK: Scotsman pleads guilty to UK's first-ever charges for HIV exposure

2010-01-20T08:13:00.005Z

A 41 year-old man from Scotland has pleaded guilty to four charges of culpable and reckless conduct after being accused of not disclosing his HIV status to four women between 2003 and 2008, only one of whom became HIV-positive. Although there have been almost 20 convictions for reckless HIV transmission in the UK since 2001 (of which only two were in Scotland), this is the first time that a

Australia: Man gets 4 1/2 years for impossible HIV transmission

2009-12-16T09:15:00.000Z

Update: December 16thWepukhulu Zebtek was sentenced to four-and-a-half years in prison by Judge Allan Fenbury who "said the sentence would deter other carriers of the HIV virus from not informing their sexual partners". Mr Zebtek will be eligible for parole in two years and three months.Original post: October 19thSomething is very wrong with this picture. In January 2008, I reported that a Perth

East Africa: Move Towards Common HIV/AIDS Law (IPS)

2009-12-05T10:33:00.003Z

Another excellent piece from the Inter Press Service News Agency, whose mission is to give voices to the voiceless.EAST AFRICA: Move Towards Common HIV/AIDS Law by Wambi MichaelARUSHA, Dec 4 (IPS) - All HIV-positive east Africans could soon access free anti-retroviral treatment even as they move freely from country to country, if a new proposed law comes into effect.The East African Community (

Canada: Another gay man in Ontario accused of nondisclosure

2009-12-05T10:21:00.004Z

A 42-year-old man from Brampton, Ontario has been charged with aggravated sexual assault after a 26 year-old man claimed he did not disclose his HIV status before they had sex.The story is from the National Post, but the case is also being covered by local media in Ontario primarily because the police have issued a statement that serves as both a public health warning and a 'fishing expedition'

Uganda: 'Human rights will suffer' under new HIV/AIDS law (update)

2009-12-03T12:00:00.001Z

Update: December 3rdThe United Nations Special Envoy on AIDS in Africa, Elizabeth Mataka – and NGOs that include the Uganda Network on Law, Ethics and HIV/Aids (Uganet) and ActionAID – have added to the many voices urging Uganda to reconsider its proposed HIV and AIDS Prevention and Control Bill.The Daily Monitor reports that Ms Mataka told journalists in Kampala yesterday:“I emphasise the

China: New law punishes non HIV disclosure as "deliberate spread of AIDS" (update)

2009-12-03T09:21:00.001Z

Update: December 3rd Xinhuanet.com reports that a new law has been passed in Gansu province in north-western China mandating disclosure within a month of diagnosis. The short article makes it clear that non-disclosure will result a prosecution for "deliberate" HIV transmission, although the penalties are not clear. A regulation adopted by the provincial health department requires HIV

UK: Prevention not prosecutions, concludes expert panel

2009-12-03T08:07:00.003Z

A World AIDS Day debate, HIV and the Criminal Law, at City University London, has concluded that prosecutions for 'reckless' HIV transmission do not serve public health and that "HIV prevention must be the primary objective above an appetite for justice, by raising awareness of the partner’s health and investing in more education."Some of the smartest minds in HIV and legal