Bermuda passed an HIV-specific law in 1993 which criminalises any person diagnosed with HIV who has sex that “involves contact between any part of his body and any part of the body another person” that is “capable of resulting in the transfer of body fluids to that other person” without first disclosing their HIV status. The maximum sentence for this ‘sexual assault’ is 20 years’ imprisonment.
There have been at least six prosecutions amongst an HIV-positive population of around 300 people with the first case reported in 1995.
CRIMINAL CODE (SEXUAL OFFENCES) AMENDED 1993
§ 324: Sexual assault by person with AIDS, etc
(1) It is a sexual assault if a person—
(a) knowing that he has a sexual disease, does a sexual act which –
(i) involves contact between any part of his body and any part of the body of another person (whether or not that other person is his spouse or consents to the act); and
(ii) is capable of resulting in the transfer of body fluids to that other person;and(b) before he does the act does not inform that other person that he has the disease, either identifying the disease or making clear to that other person that he has a disease to which section 324 of the Criminal Code applies.
(2) “Sexual disease” in subsection (1) of this section and in subsection (2) of section 325 means Acquired Immune Deficiency Syndrome or hepatitis B or Human Immunodeficiency Virus (HIV) infection.
(3) This section is without prejudice to the existence of other kinds of sexual assault.