Suriname

In recent years the Penal Code of Suriname was amended to include an HIV-specific provision which criminalises transmission.

Article 294 states that someone who is knowingly living with HIV who ‘deliberately commits sexual acts’ with a person who is unaware of their status, commits an offence where the act results in transmission. The penalty provided under this provision is up to six years’ imprisonment and a fine. We are not aware of any cases under Article 294.

A report from 2018 suggests that HIV ‘exposure’ may also be prosecuted under general harm laws in the Penal Code. In this case, a woman living with HIV allegedly did not disclose her status to her partner of two years. After the man discovered her status and reported this to the police, the woman was arrested and charged under Article 306b of the Penal Code, which criminalises grave bodily harm. There was no suggestion that HIV had been transmitted in the case, and the accused had allegedly been providing her partner with HIV medication through his food, suggesting there was no intention to transmit. However, the case demonstrates that HIV ‘exposure’ may be prosecutable in Suriname under general laws.