News and features

Canada: Supreme Court makes bad law worse

October 5, 2012

The Supreme Court of Canada (SCC) said today that the duty for an individual with HIV to disclose can be dispensed only when a condom is used and the individual also has a low viral load. This news story was … More

Denmark: Man convicted in 2007 under now suspended law acquitted; further cases to be reviewed

August 8, 2012

A court in Denmark has acquitted a person living with HIV who had previously been found guilty under the country’s now-suspended HIV-specific criminal statute. The man’s sentence was reduced to six months, due to his conviction for other, drug-related, offences. … More

US: New York Court of Appeals Says HIV+ Man’s Saliva Is Not a “Dangerous Instrument” (Press Release)

June 7, 2012

New York Court of Appeals Says HIV+ Man’s Saliva Is Not a “Dangerous Instrument” Punishing People on the Basis of Physical Attributes Would Create “Sliding Scale of Criminal Liability” New York, June 7, 2012 – Legal and public health experts … More

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

March 12, 2012

Update(s): 12/13th March 2012 The 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 … More

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

August 24, 2010

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 … More

France: Appeal court upholds three year sentence for HIV transmission

September 16, 2009

The Court of Appeal in Aix-en-Provence has upheld the three year sentence handed down by a Marseille Criminal Court in June 2008 to a man who pleaded guilty to “administering a harmful substance causing disability or permanent disability” after having … More

Switzerland: Federal Court confirms Geneva HIV exposure acquittal, but does not mention viral load (updated)

July 8, 2009

UPDATE July 8th 2009 The Federal Court has now confirmed the recent HIV exposure acquital in Geneva, but shied away from explicitly discussing the link between an undetectable viral load and risk of transmission. In effect: they lacked the courage … More

US: HIV exposure conviction overturned by Kansas Supreme Court

June 21, 2009

On Friday, the Kansas Supreme Court overturned the HIV exposure conviction of Robert Richardson in Lyon county because the case ended up being a discussion of infectiousness, rather than one where the prosecution provided evidence that proved intent – which … More

Switzerland: Geneva Court of Justice accepts ‘Swiss statement’, quashes HIV exposure conviction

February 25, 2009

In the first ruling of its kind in the world, a court in Geneva, Switzerland, has quashed the 18 month prison sentence of a young HIV-positive man previously convicted of HIV exposure, after accepting that the risk of sexual HIV … More

Switzerland: Federal Court rules that undiagnosed criminally liable for HIV transmission

July 18, 2008

Switzerland’s highest court – the Federal Court in Lausanne – has ruled that a man who was unaware of his infection is still criminally liable for infecting a woman with HIV. In effect, the court has ruled that anyone who … More

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