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Countries

Taiwan

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Number of reported cases At least 20 How do we calculate the number of cases

Overview

Taiwan’s HIV Infection Control and Patient Rights Protection Act makes it a crime for a person who knows they have HIV to have unsafe sex or share injecting equipment without disclosing their HIV status. The law applies whether or not HIV is transmitted (“unaccomplished offenders … shall be punished”). The sentence for transmitting HIV ranges from five years up to twelve years.

As of December 31, 2019, a total of 20 prosecutions were reported. 17 returned a guilty verdict and 3 people were acquitted. 13 of these prosecutions were for alleged HIV exposure as no transmission took place. The cases were often accompanied by sensationalist media reports, including the first known case, reported in 2012, involving a gay man in Taipai who was alleged to have infected 50 men during sex parties. 

In 2019, the Taipei District Court convicted a gay man living with HIV of having condomless sex without disclosing his HIV-positive status. He was given a 17 month jail sentence under Article 59 of the Criminal Code which allows for reduced punishment, as HIV was not transmitted.

Laws

HIV Infection Control and Patient Rights Protection Act

HIV-specific criminal law (active)
Year enacted
2013
Relevant text of the law

Article 21

Individuals who are fully aware that they are the infected have, by concealing the fact, unsafe sex with others or injections by sharing needles and syringes, diluted fluids or containers, and thus infect others, shall be sentenced for five years up to twelve years.

Individuals who are fully aware that they are the infected and supply blood or provide organs, tissues, body fluids or cells for transplantation or for use by others, and thus infect others, shall be sentenced the same.

Unaccomplished offenders of the preceding two Paragraphs shall be punished.

The definition of unsafe sex shall be formulated by the central competent authority following the relevant regulations outlined by the World Health Organization.

 
View the full law online

Acknowledgements

Our thanks to PRAA, The Persons with HIV/AIDS Rights Advocacy Association of Taiwan, for their research assistance to confirm current relevant legislation.

This information was last reviewed in December 2020

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Cases

Taiwan: High court reverse sentence and acquit man accused of HIV exposure thanks to expert medical evidence on HIV risks

Taiwan: Gay man sentenced to 17 months in jail for not disclosing his HIV status

Taiwan: 11 men charged with alleged HIV-exposure and non-disclosure at sex parties

[Update]Taiwan: Moral panic continues as gay man is indicted for alleged 'intentional' HIV transmission to many others

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News by the HIV Justice Network

HIV criminalisation presentations and posters at AIDS2020

July 27, 2020
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Organisations

Persons with HIV/AIDS Rights Advocacy Association of Taiwan

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Disclaimer

This website operates as a global hub, consolidating a wide range of resources on HIV criminalisation for advocates working to abolish criminal and similar laws, policies and practices that regulate, control and punish people living with HIV based on their HIV-positive status. While we endeavour to ensure that all information is correct and up-to-date, we cannot guarantee the accuracy of laws or cases. The information contained on this site is not a substitute for legal advice. Anyone seeking clarification of the law in particular circumstances should seek legal advice. Read more

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