News and features

UK: Law Commission considers HIV criminalisation in great depth, but recommends no change for HIV/STI prosecutions in England & Wales, pending a wider review

November 9, 2015

Following a scoping consultation which ran from autumn 2014 to spring 2015, the Law Commission (of England and Wales) has now published its report containing their final recommendations to the UK Government. It recommends the adoption of a modified version … More

US: Lambda Legal calls for halt to HIV-based criminal prosecutions in wake of Department of Justice guidance

July 17, 2014

[Press release from Lambda Legal] “We call upon those charged with enforcing such laws—from governors to prosecutors to police detectives—to halt the criminal prosecution and resulting persecution of any individual based on HIV status.” (Washington, D.C. Thursday, July 17, 2014) … More

US: Iowa Supreme Court rejects ‘theoretical’ HIV risk, reverses ‘HIV exposure’ conviction

June 16, 2014

Last Friday, June 13, the Iowa Supreme Court set aside the ‘HIV exposure’ conviction of Nick Rhoades, who was initially sentenced to 25 years in prison, with required registration as a sex offender, after having a one-time sexual encounter with … More

Video toolkit: How to advocate for prosecutorial guidelines

May 30, 2013

New guidance from UNAIDS to limit the overly broad use of criminal laws to regulate and punish people living with HIV who are accused of HIV non-disclosure, exposure and/or transmission, recommends that: Countries should develop and implement prosecutorial and police … More

Austria: HIV-positive man aquitted for ‘oral sex without ejaculation’ (Update)

December 18, 2012

Update: December 18th A gay man on trial for allegedly exposing his ex-partner to HIV during ‘oral sex without ejaculation’ has been acquitted. The judge told the 37 year-old defendant that he had acted “entirely properly” according to Austria’s ‘safer … More

Germany: Justice Minister says prosecutor handled Nadja Benaissa arrest properly

April 30, 2009

Hessian Minister of Justice, Joerg-Uwe Hahn has dismissed all criticism of the actions of Ger Neuber, the Darmstadt prosecutor who arranged for the public arrest and immediate incarceration of Nadja Benaissa, and then issued a press release. According to the … More

UK: Gonorrhoea prosecution ‘a dangerous development’

April 23, 2009

I am posting an excellent analysis by Dr Matthew Weait, Senior Lecturer in Law and Legal Studies at Birkbeck College, London (and author of Intimacy and Responsibility: The Criminalisation of HIV Transmission) of the recent successful prosecution of a male … More

UK: Developing guidance for HIV prosecutions: an example of harm reduction?

August 27, 2008

I’m including an excerpt here – the conclusion, actually – of an excellent article by Yusef Azad of the National AIDS Trust, in the July issue of the HIV/AIDS Policy and Law Review, published by the Canadian HIV/AIDS Legal Network, … More

UK: Long-awaited guidelines for prosecuting criminal HIV transmission published

March 20, 2008

It has taken a year longer than anticipated, but the Crown Prosecution Service for England & Wales has finally published their policy on prosecuting criminal HIV transmission. Thankfully, the document bears almost no relation to the draft version originally published … More

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