Belize

The Criminal Code of Belize contains a HIV-specific provision under Section 46A which penalises any person who “deliberately or recklessly transmits or spreads HIV/AIDS”. This offence carries a sentence of imprisonment up to five years for a summary conviction, or up to ten years for a conviction on indictment.

Section 73A further defines this provision, stating that an offence is committed where a person “knows that he (sic) is infected with HIV/AIDS” and does a sexual act, defined as vaginal, oral or anal intercourse, with another that involves bodily contact and is capable of transmitting bodily fluids, and does not inform the other person of their status.

Section 73A also states that an offence is committed under this provision where the person “knows that he (sic) is infected with HIV/AIDS” and gives a blood donation or does anything “likely to cause another person to be infected with HIV/AIDS” (see our report, Bad Blood, for a global analysis of the criminalisation of blood donations).

While these provisions ostensibly criminalise the “spread” of HIV, their wording indicates that actual transmission is not required and that it is sufficient for a person with HIV to be prosecuted simply for not disclosing their HIV status. Their effect is therefore not only to criminalise HIV transmission, but also non-disclosure and potential or perceived exposure to HIV.

There have been no reported cases under these provisions specifically, however, in a 2008 rape case, the fact that the defendant knew that he was HIV-positive when he committed rape against the victim was taken into account. The Court of Appeal described this as a “grave aggravating factor” and deemed the 18 year prison sentence passed down by the trial judge appropriate.