Evidence that treating people with HIV early in infection prevents transmission to sexual partners has reframed HIV prevention paradigms. The resulting emphasis on HIV testing as part of prevention strategies has rekindled the debate as to whether laws that criminalise HIV transmission are counterproductive to the human rights-based public health response. It also raises normative questions about what constitutes ‘safe(r) sex’ if a person with HIV has undetectable viral load, which has significant implications for sexual practice and health promotion. This paper discusses a recent high-profile Australian case where HIV transmission or exposure has been prosecuted, and considers how the interpretation of law in these instances impacts on HIV prevention paradigms. In addition, we consider the implications of an evolving medical understanding of HIV transmission, and particularly the ability to determine infectiousness through viral load tests, for laws that relate to HIV exposure (as distinct from transmission) offences. We conclude that defensible laws must relate to appreciable risk. Given the evidence that the transmissibility of HIV is reduced to negligible level where viral load is suppressed, this needs to be recognised in the framing, implementation and enforcement of the law. In addition, normative concepts of ‘safe(r) sex’ need to be expanded to include sex that is ‘protected’ by means of the positive person being virally suppressed. In jurisdictions where use of a condom has previously mitigated the duty of the person with HIV to disclose to a partner, this might logically also apply to sex that is ‘protected’ by undetectable viral load.
Australia: Academic article explores the prevention impact of treatment on criminal 'exposure' laws and prosecutions
News curated from other sources
Turkmenistan: UNAIDS launches campaign “Decriminalize” aiming to reduce punitive legal environments affecting key populations
Turkmenistan’s HIV/AIDS Challenges: Silence, Stigma, and Criminalization
April 26, 2024
China: People living with HIV in Chongqing to be held criminally liable in cases of alleged HIV transmission
Southwest China’s Chongqing steps up efforts to crackdown on intentional spreading of HIV/AIDS
April 26, 2024
US: Oklahoma looking at additional criminalisation of sexually transmitted infections
Oklahoma lawmakers want to criminalize spread of genital herpes, chlamydia, HPV and other STDs
April 19, 2024
Zimbabwe: Bill includes HIV in expanded list of STIs with criminal penalties for "deliberate" transmission
Government criminalises deliberate HIV, STIs transmission
April 9, 2024
US: Louisiana HIV decriminalisation bill to be revisited at a later date
Lawmakers stall on bill to change state’s HIV law
April 5, 2024
News by the HIV Justice Network
UK Parliament Commemorates HIV Is Not A Crime Day
March 12, 2024
Global Statement on HIV Is Not A Crime Awareness Day
February 28, 2024
HIV Is Not A Crime Awareness Day goes global!
February 23, 2024
An encouraging start to 2024
January 19, 2024