News and features

Australia: Zaburoni v Queen legal analysis

June 26, 2016

This analysis is by David Buchanan SC, Barrister at Forbes Chambers, Sydney. It was originally published in LGBT Law Notes and is republished here with his permission. In a case that should reduce the extent of overcharging in HIV criminal … More

New report shows HIV criminalisation is a growing, global concern but advocates are fighting back

May 10, 2016

A new report released today shows that HIV criminalisation is a growing, global phenomenon. However, advocates around the world are working hard to ensure that the criminal law’s approach to people living with HIV fits with up-to-date science, as well … More

Australia: Queensland people living with HIV organisation, QPP, issues position statement on HIV criminalisation (press release)

April 7, 2016

Queensland Positive People (QPP) is a peer-based advocacy organisation which is committed to actively promoting self-determination and empowerment for all people living with HIV (PLHIV) throughout Queensland. Below is their press release issued on 6 April 2016 in the light … More

US: Missouri Supreme Court upholds overly broad HIV non-disclosure law following second constitutional challenge

March 16, 2016

The Missouri Supreme Court has upheld the conviction of a woman (known as ‘S.F.’) who did not tell her sexual partner that she was living with HIV before engaging in sex. At her original trial she was found guilty of … More

U.S. Court of Appeals for the Armed Forces Vacates HIV Aggravated Assault and Reckless Endangerment charges in Case of LTC Kenneth Pinkela (Press Release)

April 24, 2015

Press Release from The Sero Project Ken Pinkela serves as a member of Sero’s Advisory Board. New York, NY April 24, 2015: The United States Court of Appeals for the Armed Forces (CAAF) has vacated HIV-related Aggravated Assault and Reckless … More

US: Court of Appeals for the Armed Forces acknowledges per-act sexual HIV exposure risk, limiting future military prosecutions for HIV non-disclosure as aggravated assault

February 25, 2015

The US Court of Appeals for the Armed Forces (CAAF) has reversed the 2011 aggravated assault conviction (upheld by the US Air Force Court of Criminal Appeals in 2013) of Airman David Gutierrez for potentially exposing a number of sex … More

Spain: Supreme Court upholds nine year sentence for ‘reckless’ HIV transmission; BBC Mundo publishes analysis

February 3, 2015

Spain’s Supreme Court last week upheld a nine-year prison sentence for a man, known as ‘ABM’, who did not disclose his HIV-positive status to his former partner, who is now also living with HIV.  Although the reports do not state under … More

Sweden: Supreme Court refuses to rule on treatment’s impact on HIV risk even as a second Court of Appeal judgement recognises latest science

September 25, 2014

Last week, Sweden’s Supreme Court announced that it would not grant leave to appeal in a case where the prosecution had appealed an acquittal from Court of Appeal regarding a man living with HIV, on successful antiretroviral therapy, who had … 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

UK: Court of Appeal upholds man’s conviction for recklessly passing on genital herpes during sex with ex-girlfriend

May 8, 2014

Today, the Court of Appeal upheld David Golding’s 2011 conviction for ‘recklessly’ infecting his ex-girfriend with genital herpes (HSV-2) during a brief relationship.  However, his original 14 month sentence was reduced to three months (as time served, Mr Golding was … More

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