Morocco

Although there are no specific provisions in Morocco’s criminal code to punish HIV non-disclosure, exposure or transmission, prosecutions have been carried out under assault law. Two cases have been reported to date, both resulting in not guilty verdicts.

The first case for alleged HIV exposure was originally tried in the Tangier Court of First Instance in 2011 on the basis of premeditated assault, (Article 400, which stipulates that anyone who wilfully injures or harms others or commits any other violence or assault can be sentenced to jail and liable to pay a fine). A final decision, dated 26 February 2015, stated that although the court found that the prosecuted woman knew her HIV-positive status and had condomless sex with various partners (who claimed to be unaware she was positive) this was not an assault because it found that that she had disclosed her HIV-positive status to each of her partners before sex. This decision recognises that acceptance of the risk of by the HIV-negative partner is grounds for exemption from criminal liability.

The second case took place in 2016 when a young man was arrested for a number of ‘crimes’, including alleged intentional transmission of HIV to young women. However, the Fez Court of Appeal dropped the HIV-related charges when he was found to have an undetectable viral load. He was, however, found guilty of having sex outside marriage and sentenced to two and a half years’ in jail, subsequently reduced to eight months on appeal. ALCS (Association de Lutte contre le Sida), a national NGO which conducted a coordinated advocacy campaign with the CNDH (National Council for Human Rights), welcomed his acquittal.