Fiji: Updated: Moral, legal panic after one man linked to two women’s HIV infections

Update: 28th April. There have been fewer than 260 HIV diagnoses in Fiji since records began (I originally quoted a source claiming fewer than 30), so it must come as something of a shock for Fijians to have to come to terms with the fact that an HIV-positive man is not disclosing his status before having unprotected sex.

The hunt is now on for a 33 year-old Fijian man who allegedly transmitted HIV to two women. The Fiji Times has published four stories since Friday covering the issue.

Update: 28th April. In fact, Fiji now seems to be hunting down six HIV-positive individuals.

Interestingly, according to one of the articles, reckless or intentional HIV transmission (or exposure) is not a crime in Fiji, although the transmission of HIV via shared needles is.

Police spokesman Corporal Josaia Weicavu said wilfully passing on the HIV virus had not been criminalized.

Police can only advise women in Labasa to be careful when engaging in sexual activity after health and police authorities mounted a search in recent weeks for a 33-year-old man of Labasa.

Consequently, Reverend Sekove Veisa, head of a Methodist church circuit, has “called for lawmakers to criminalise the wilful spread of the disease by anyone.”

Highlights of the four news stories from The Fiji Times are below, followed by a brief report from the Australian Broadcasting Corporation on the missing six.

Hunt for HIV man
SERAFINA SILAITOGA
Saturday, April 19, 2008

HEALTH authorities are on the hunt for a HIV positive patient who they believe is engaged in promiscuous sex and deliberately spreading the disease.

Acting general manager community health North Doctor Pablo Romanik confirmed the search for the 33-year-old Fijian man started early this month after two women who were admitted to the Labasa Hospital tested positive for HIV (human immunodeficiency virus).

Dr Romanik said what worried them was that the patient did not have a stable address and efforts to find him the past three weeks were unsuccessful.

“We are looking for this man to counsel him. The reason for our search is because he is the same man identified by his two ex-girlfriends who were admitted and tested HIV positive,” he said. “All we want to do is counsel him and help him. The fact that he does not have a stable address is of great concern because he could continue to have other partners and spread the disease.”

Dr Romanik said the second woman was admitted in January this year after health officials carried out a blood test on her which tested HIV positive.

He said they interviewed the woman who then told them about her partner who is a known HIV positive patient.

“That’s when we found out, and strongly believe, that she contracted the disease from him because he is a known patient who was tested positive in 2004 when he came to donate some blood to the hospital,” Dr Romanik said.

“The first case involved his other girlfriend who was also admitted last year and tested HIV positive. She also identified the same man as her boyfriend.”

Stop, HIV lover told

Sunday, April 20, 2008

THE head of a Methodist Church circuit has pleaded with a HIV patient being hunted by health authorities to stop infecting women.

And Reverend Sekove Veisa, who leads the Macuata circuit, called for lawmakers to criminalise the wilful spread of the disease by anyone.

[…]

Mr Veisa said the fact that the HIV positive man was deliberately infecting women was hard to fathom.

He said the church had a program that dealt with such issues as HIV and urged the man not to destroy lives.

Police assistant spokesman Corporal Josaia Weicavu said he had to clarify whether wilfully spreading the disease was a criminal offence.

Isolate HIV suspect
AMELIA VUNILEBA
Sunday, April 20, 2008
Update: 4:47PM

HEALTH authorities have the power to isolate people that have contracted HIV, police said today.

Police spokesman Corporal Josaia Weicavu said wilfully passing on the HIV virus had not been criminalized.

Police can only advise women in Labasa to be careful when engaging in sexual activity after health and police authorities mounted a search in recent weeks for a 33-year-old man of Labasa.

Acting general manager community health North Doctor Pablo Romanik said the search for the man started early this month after two women who were admitted at the Labasa Hospital tested positive for HIV.

The ministry has identified 28 HIV positive cases since 1995.

Of this, there is one case under the age of 20, 15 cases between the ages of 20 to 29, three cases between the ages of 30 to 39, seven between 40 and 49 and two cases over the age of 50.

Out of this, 40 per cent are males and 60 per cent females. Fijians top the list at 84 per cent, Indo-Fijians at 8 per cent and 8 per cent for other races.

No laws on HIV

Monday, April 21, 2008

WHILE there are no laws to charge people living with HIV and wilfully spreading the virus, the Ministry of Health has powers to isolate these people.

Police assistant spokesman Corporal Josaia Weicavu said the act of knowingly passing on the HIV virus was not a criminal offence yet.

“It’s not criminalised yet, however, the Ministry of Health has powers to isolate these people who have HIV,” said Cpl Weicavu.

He said people could be charged if they were caught passing on the virus through needle injections. However, this did not apply to transmission of the virus through sex.

Attempts were made to get comments from interim Health Minister Jiko Luveni.

[…]

Ministry of Health permanent secretary, Doctor Lepani Waqatakirewa, said health officials could search for HIV positive patients for counselling.

Fiji seeks missing HIV patients
Updated April 28, 2008 04:25:33

Fiji health officials are trying to find six people with HIV in the country’s northern division.

The Division’s acting Chief Medical Officer for Community Health told Fijilive there are 15 known AIDS cases on record in the north, but that health officials only have addresses for nine of those individuals.

The youngest known HIV patient in the North is a 20-year-old student in Labasa.

Fiji has reported 259 HIV cases since 1989, with more than 15 reported cases last year alone.

Uganda: President Museveni calls for death penalty in criminal HIV transmission cases

President Yoweri Museveni has given a speech calling for the death penalty for anyone who is found guilty of Uganda’s proposed criminal HIV transmission laws.

“I am glad to learn that the parliamentary committee on HIV/AIDS is coming up with a law to punish people who deliberately infect others. I would advise that they be condemned to death by hanging,” he said, to murmurs from the crowds.

Museveni chided the residents for the lukewarm reception to his proposal of a death penalty. “I hear some of you have not welcomed this proposal; but why would one knowingly infect others,” he asked.

Article from Uganda’s Sunday Vision newspaper, below.

THOSE WHO SPREAD AIDS SHOULD HANG
By Cyprian Musoke

PRESIDENT Yoweri Museveni has called for death penalty for people who knowingly spread the HIV/AIDS virus.

He also called for the outlawing of primitive methods used by the Bagishu and Sebei in eastern Uganda of using knives for circumcision that are likely to spread the virus.

Speaking at the commemoration of 25 years since the first case was identified at Kasensero landing site in Rakai District on Friday, the President lauded the parliamentary committee on HIV/AIDS for coming up with the draft Bill.

“I am glad to learn that the parliamentary committee on HIV/AIDS is coming up with a law to punish people who deliberately infect others. I would advise that they be condemned to death by hanging,” he said, to murmurs from the crowds.

Museveni chided the residents for the lukewarm reception to his proposal of a death penalty. “I hear some of you have not welcomed this proposal; but why would one knowingly infect others,” he asked. “Even the Bagishu and Basebei, we also need to warn them against using knives to cut people left and right,” he said.

Reminiscing on the origin of Uganda’s AIDS realisation, Museveni said when the first case was reported in Kasensero in the 1980s, he called all the health experts who informed him that it is contracted from promiscuity and, not insect bites. “I felt relieved to hear that it is only transmitted through promiscuous sexual relationships. My biggest worry was that insect bites could transfer the virus. I was relieved when they told me it was through sex, because I knew that it would that way be easy to stop,” he said.

He said at the time there were only two places with testing equipment in the country: Nsambya and Lacor hospitals, upon which he directed that every hospital in the country get one. On realising the magnitude of the problem, Museveni said, he turned to political rallies to spread the anti HIV/AIDS gospel, because the messages the Ministry of Health was putting out were too frail.

He amused the audience when he recalled: “They were putting adverts on the radio saying, ‘Love carefully, zero grazing’. “I told them that is not loud enough,” he said while gesturing and rolling his eyes.

He thanked Parliament for recognising him and his wife Janet with plaques for their contribution.“I approached it as a soldier — when there is a problem we just attack it directly,” he said.

He recalled when retired Cuban President Fidel Castro called him aside on the periphery of the Non-aligned Movement in Harare and told him there was a big problem in Uganda. “I had sent 60 soldiers for training in Cuba, he told me they had checked them and found 18 of them sick of AIDS. He told me that was a high number which made it possible for a huge number of people in the country to be infected,” Museveni recalled.

He called for more sensitisation, ensuring safe blood transfusion, and prevention of mother-to-child transmission.

Although he is not against condom use, the President added, he wouldn’t advise his children to sexually interact with people whose status they do not know simply because they have condoms.

Parliament Speaker Edward Ssekandi said that President Museveni’s bold fight against Aids had catapulted Uganda onto the international map, and made Museveni a senior global consultant on HIV/AIDS prevention.

HIV/AIDS committee chairman Elioda Tumwesigye said the fact that Uganda now has an ARV factory should not make people complacent, saying that after 25 years, the figure had stagnated again. He called for a re-awakening of the fight.

Museveni said countries with highest condom use have the highest infection rates, adding that had Uganda dwelt on only abstinence and faithfulness, the 6.3% infection rate would be lower.

Australia: New Victoria public health policy clarifies when ‘risky’ HIV-positive individuals should be reported to the police

I spoke too soon in my posting yesterday regarding reassurances from Victoria’s chief health office, Dr John Carnie, on a new policy from the public health department about reporting HIV-positive individuals who did not disclose or use condoms to the police.

A report in today’s The Age quotes Dr Carnie as saying:

anyone who had intentionally infected someone else, had committed crimes such as rape, or had shown they were unwilling to change their behaviour after being ordered to do so by the department, would be reported to the police.

Full story from The Age below.

Police to be told about reckless HIV acts

Julia Medew
February 26, 2008

HIV-POSITIVE people who ignore warnings not to have unprotected sex will be reported to police under new Department of Human Services guidelines.

Victoria’s Chief Health Officer, Dr John Carnie, said that, under the system, anyone who had intentionally infected someone else, had committed crimes such as rape, or had shown they were unwilling to change their behaviour after being ordered to do so by the department, would be reported to the police.

Under the previous system, Dr Carnie said there were no guidelines to indicate when a case required police attention.

“This system makes it much more explicit,” he said.

On the department’s website, the previous guidelines for the management of people living with HIV who put others at risk says the police will only become involved if someone outside the department makes a complaint to them.

When the department receives allegations that an HIV-positive person is not disclosing their status and having unprotected sex, trained staff contact the person to remind them of their legal obligations to disclose their status or practise safe sex.

If they do not change their behaviour and the department receives more allegations, the person can be served with a legally binding public health order restricting their behaviour. The orders can impose restrictions on people’s movements or ban them from a gay beat or sex-on-premises venue.

If the Chief Health Officer believes the person poses an urgent risk to public health, he can detain the person under the Health Act in a secure facility.

Dr Carnie exercised this power in December when he placed an HIV-positive person in an undisclosed secure location. The person, who has the right to appeal to the Supreme Court, is still there.

Dr Carnie, who replaced Dr Robert Hall after he was sacked by the government last year, has ruled out genotyping new HIV infections — developing a genetic profile of the virus in patients — to track who or what is driving up infections in Victoria.

Former health minister Bronwyn Pike sacked Dr Hall last April after a string of communication failures over his management of HIV cases and a fatal outbreak of gastroenteritis at a nursing home.

HIV infections recently reached their highest level in Victoria in 20 years. The department was notified of 334 cases in 2006, 17% higher than the 285 in 2005 and the highest since 1987.

Australia: Review critical of Victoria’s public health response to ‘risky’ HIV-positive individuals

A review of the Victorian Health Department’s management of ‘risky’ HIV-positive people has been published. The Age puts its own negative spin on the story, but somewhat reassuring is the response from Dr John Carnie, Victoria’s chief health officer.

He said cases warranting police intervention were rare and that the review reinforced education and counselling to change people’s behaviour rather than criminal prosecution.

The full story, from The Age, is reproduced below.

‘Reckless’ HIV patients not reported
Julia Medew
The Age
February 23, 2008

HEALTH authorities failed to refer to police HIV-positive people who ignored warnings not to have unprotected sex, a report has found.

A review of the Department of Human Services’ management of “risky” HIV-positive people has also revealed authorities lost track of people they were monitoring and did not take action against some who breached public health orders restricting their behaviour.

The review, of 15 cases before the department last year, urges an overhaul of procedures.

The review was ordered by former health minister Bronwyn Pike last year after she sacked Victoria’s chief health officer Dr Robert Hall for his management of HIV-positive people who exposed others to the virus.

The review found that while swift and decisive action was taken against some people, there were “occasions where the evidence demanded action but none was forthcoming”.

Most of the cases under review involve either recent migrants or gay men.

The examination, carried out by former Western Australian police commissioner Bob Falconer, and former health bureaucrat Dr John Scott, said: “The reviewers believe . . . that involvement of police without the client being referred to police has not always happened when it should have, and this is by no means a recent issue.

“The authors have found the system is in need of significant overhaul and improvement.”

It is understood that more than one of the cases reviewed included examples of criminal behaviour that should have been referred to the police.

The report said people who had been served with public health warnings controlling their behaviour were often “uncontactable for a period of time” and that a number of clients who breached behavioural rules were not properly controlled.

The review also found:

■There was no dedicated facility to isolate HIV-positive people who posed a risk to public health under the Health Act.

■Internal procedures for managing cases left a perception that decisions about people’s cases were made in an “ad hoc” fashion.

■Legal advice for “contentious” decisions resulted in “significant delays in action being taken” against people.

■Access to interpreters was minimal.

Victorian chief health officer Dr John Carnie yesterday said changes had been implemented to ensure the department returned to “world’s best practice”. He said the department had been working with Victoria Police to create a shared understanding of each agency’s role in managing cases of concern. He said cases warranting police intervention were rare and that the review reinforced education and counselling to change people’s behaviour rather than criminal prosecution.

A Canadian expert who reviewed the report said the department’s new protocols were in line with world best practice.

Health Minister Daniel Andrews said the Government was committed to implementing the review’s recommendations.

Australia: Western Australia proposes new public health laws to detain HIV-positive people who ‘put others at risk’

A proposed change to Public Health law in the State of Western Australia would allow people with HIV to be detained and forced to undergo medical treatment.

WA’s Public Health executive director, Tarun Weeramanthri, used recent concerns over a sex worker who was named and shamed by health officials in the Australian Capital Territory, to argue that these changes were a good thing.

Ironically, Health Consumers Council executive director, Michelle Kosky, is also for the changes. She believes that the new law would provide HIV-positive individuals with more rights, because for the first time, it allowed people detained under these laws to be able to appeal to the State Administrative Tribunal.

Full story from The Sunday Times (of Australia) below:

Disease carriers may be detained without charge
By Anthony Decegle
February 24, 2008 01:00am
Article from: The Sunday Times

PEOPLE carrying dangerous diseases and sexually transmitted infections, such as HIV, could be detained without charge and forced to undergo medical treatment under legal changes.

A new public health Bill is set to replace the existing law, which is nearly 100 years old, and give the The Western Australian Health Department powers to deal swiftly with individuals who it suspects pose a threat to the community.

Those affected could be banned from venues such as nightclubs, public baths or bars and have to submit to supervision or face the threat of a $50,000 fine. They could also be forced to take antibiotics.

If passed, the new law would replace the WA Health Act 1911 which, according to State Government literature, has “significant limitations in regard to its application to people who knowingly expose others to the risk of HIV infection”.

Public Health executive director Tarun Weeramanthri said the deliberate spreading of sexual diseases was a real threat.

The Health Department was forced to put out an urgent warning earlier this month after a 41-year-old male sex worker infected with HIV was charged by police in the Australian Capital Territory.

The sex worker previously lived in WA.

“It is believed that the man may have had unsafe sex with clients in the ACT and other jurisdictions, including WA,” Communicable Disease Control director Gary Dowse said.

“It is believed some of the people contacted may have been WA residents and it is possible that other persons in WA may have had contact with the man in the past.”

Dr Weeramanthri said the Public Health Bill clarified the terms for dealing with people who had infectious diseases.

“The old act gives certain powers, but doesn’t say exactly under what circumstances you may apply them,” he said.

“This Bill clarifies the range of circumstances in which someone might act.”

Dr Weeramanthri said the Bill was based on a principle of precaution; officials could act on suspicions faster.

“If you think there is a serious risk in the intermediate to long term, even though you may not have all of the evidence right now, it’s ethical and prudent to act on the risk,” he said.

“You can’t just use the lack of definitive evidence as an excuse for not acting. You use common sense.”

Public Health Association national president Mike Daube said the Bill would modernise public health legislation.

“It ensures that the health of the community is properly protected,” he said. “This is much better than trying to work off legislation that was written long before HIV was even dreamed of.”

The Health Department refused to reveal the number of people with an STD infection who were being monitored.

Health Consumers Council executive director Michelle Kosky said the new Bill would provide people with more rights. For the first time, these individuals would be able to appeal to the State Administrative Tribunal.

New Zealand: New bill proposes to make HIV a notifiable disease

A Press release from the New Zealand AIDS Foundation highlights concerns over the forthcoming Public Health Bill to make HIV a notifiable disease. The NZAF supports the Bill as along as all the necessary epidemiological information remains anonymised.

NZAF is keen to point out that this data collection system has not and would not involve identification of HIV positive people.

“This is about collecting the ‘what’, ‘where’ and ‘how’ of new HIV infections, not the ‘who’,” Le Mesurier explains. “The confidentiality of HIV positive New Zealanders must be protected.

“However, we need reliable data to map the changes in the HIV epidemic. For example, treatment-related deaths are a new complication that can only be monitored by analysing HIV diagnoses, rather than AIDS.

HIV data collection must be secured
Friday February 22, 2008

Adding HIV to the Ministry of Health’s list of notifiable conditions will help create an “HIV census”, ensuring that anonymous data collection on New Zealand’s HIV and AIDS epidemic is secured for the future, says the New Zealand AIDS Foundation (NZAF).

NZAF is supporting moves in the forthcoming Public Health Bill to make HIV a “notifiable” condition, providing the current anonymous coding system is retained. AIDS has already been a notifiable condition since 1985 with no breaches of confidentiality.

“AIDS represents the end result of HIV infection, and with the effectiveness of new treatments for HIV, information on AIDS notifications are increasingly less useful as a tool for tracking the spread of the epidemic,” says Rachael Le Mesurier, Executive Director of the New Zealand AIDS Foundation.

New HIV diagnosis information is currently sent by GPs, sexual health clinics and NZAF centres to the AIDS Epidemiology Group at Otago University, who collate the six-monthly AIDS New Zealand reports.

This system has been working very well since 1985 and has been entirely voluntary. Nearly 2,500 New Zealanders with HIV have given their permission for data on their diagnosis to be collected and published in AIDS New Zealand.

“The AIDS Epidemiology Group currently receives information on over 95% of HIV diagnoses, but there is no legal requirement for this data to be collected,” Le Mesurier says. “With the many demands placed on our health services, and the good news that treatments have drastically reduced AIDS deaths, we need to ensure that HIV is given the priority treatment it deserves by making the anonymous data collected secure for the future.”

NZAF is keen to point out that this data collection system has not and would not involve identification of HIV positive people.

“This is about collecting the ‘what’, ‘where’ and ‘how’ of new HIV infections, not the ‘who’,” Le Mesurier explains. “The confidentiality of HIV positive New Zealanders must be protected.

“However, we need reliable data to map the changes in the HIV epidemic. For example, treatment-related deaths are a new complication that can only be monitored by analysing HIV diagnoses, rather than AIDS.”

The Public Health Bill is currently before the Health Select Committee. The closing date for submissions is Friday March 7, 2008.

Singapore: Government plans to criminalise ‘risky sex’ without prior disclosure

An interesting article from Bloomberg (which is usually more associated with business news than with HIV policy) on Singapore’s worrying plans to criminalise people who do not disclose they have previously had “unsafe” sex, and have “reason to believe” they may be HIV-positive, previously reported here last September.

Offenders would face as much as 10 years in prison and a S$50,000 fine. Penalties for those who know they’re HIV-positive and don’t inform their partners, already a crime under legislation that took effect in 1992, would be increased to the same level. No one has been prosecuted under the existing law.

Enforcement would depend on an aggrieved partner filing a complaint and prosecutors proving that a defendant had a history of high-risk sexual behavior.

HIV Ignorance Is No Defense in Singapore Plan to Curb Risky Sex

By Simeon Bennett

Feb. 12 (Bloomberg) — Every weekend, men from Singapore take a one-hour ferry ride to Indonesia’s Batam Island for cheap golf, beer and sex.

About S$70 ($49) hires an island prostitute for the day, compared to just an hour with a Singapore hooker. The trade has contributed to a doubling of Singapore’s HIV infection rate in the past 10 years, the government says.

The city-state proposes to curb infections by making it a crime for those who engage in such unsafe practices, and thus have “reason to believe” they may be HIV-positive, to have sex without informing their partners of the risks. United Nations groups and AIDS activists say that would violate human rights and increase infection rates by encouraging anonymous sex.

“Stigma and discrimination are major drivers of the HIV epidemic,” Dr. Roy Chan, president of the Singapore advocacy group Action for AIDS, said in written comments on the legislation, which may be considered by parliament this month. “The net effect will be poorer control of HIV infection.”

The government disagrees, saying the bill would encourage people to get tested and avoid risky behavior such as having unprotected gay sex or frequenting prostitutes. Violators may be prosecuted even if they don’t test positive for HIV.

“We’re trying to find a way essentially to ask them to be responsible for their own actions,” said Koh Peng Keng, the Health Ministry’s senior director of operations. “There is a greater impetus to get more people to come forward for testing.”

No ‘Witch Hunt’

Offenders would face as much as 10 years in prison and a S$50,000 fine. Penalties for those who know they’re HIV-positive and don’t inform their partners, already a crime under legislation that took effect in 1992, would be increased to the same level. No one has been prosecuted under the existing law.

Enforcement would depend on an aggrieved partner filing a complaint and prosecutors proving that a defendant had a history of high-risk sexual behavior.

“It’s never the intention to go on a witch hunt,” Koh said. “It’s going to help in public education.”

The government also plans to double spending on AIDS prevention programs to S$8 million annually for the next three years, he said.

Zack, a self-employed electrical engineer who suspects he contracted HIV from a prostitute, isn’t convinced of the government’s motives, especially considering that gay sex is illegal in Singapore.

“People are going to hide,” said Zack, 36, who spoke on condition his real name not be used for fear of losing his business.

Infected for Years

Singapore’s HIV infection rate has doubled in the past 10 years. About 1 in 10,000 people were newly infected in 2006, compared with fewer than 0.5 in 1996, according to government statistics. More than half of those diagnosed in 2006 also had AIDS, indicating they’d been infected for years without knowing it, Koh said.

In total, about 7 of every 10,000 people in Singapore have HIV, the government says.

UNAIDS estimates the rate may be as high as 30 once undiagnosed cases are included. That’s higher than estimated infection rates in other developed Asian nations such as Japan and South Korea. Singapore’s rate is lower than in neighboring nations, including Malaysia and Thailand.

The UN agency calculated its figure from government data for high-risk groups — including prostitutes and their customers, gay and bisexual men, and intravenous drug users — and statistics provided by HIV and pregnancy clinics.

UN Opposition

Seema Paul, chief policy coordinator for Geneva-based UNAIDS, said the Singapore bill would force people to get HIV tests, putting them at risk of discrimination and violence if others learned they were HIV-positive.

“We have consistently advocated that HIV testing should be voluntary,” she said in an e-mail.

Stuart Koe, chief executive officer of media company Fridae Ltd., said those who contract HIV won’t disclose the names of their partners to doctors for fear of being prosecuted, and that will contribute to spreading the disease.

“There’ll be a lot of unexpected negative effects,” said Koe, who works with AIDS support groups in Singapore and whose company runs a gay Web site.

The groups primarily responsible for spreading HIV in Singapore are men who visit prostitutes, and gay and bisexual men, the government says.

Refusing Condoms

In Batam, brothels occupy storefronts scattered among homes, shops and bars like the PP Banana Laptop Lounge. Pimps ply their trade wherever foreigners are found.

The AIDS rate in the province including Batam is the third- highest in Indonesia after Papua and Jakarta, the national AIDS commission said on its Web site.

Ayu, a 28-year-old prostitute, said most of her clients are married Singaporean men and not all practice safe sex.

“Sometimes the customer does not want a condom,” she said, her purple eye shadow sparkling under neon lights. “I cannot force.”

Like many Indonesians, Ayu uses only one name.

Koh said the government works with activist groups to educate men before they get on the Batam ferry. Those efforts include handing out condoms and HIV prevention information.

“There’s this huge reservoir of people who are HIV-positive and may not know,” he said. “Once someone knows they’re positive, typically they change behavior.”

US: South Dakota makes ‘HIV criminals’ sex offenders, too

The South Dakota Senate voted unanimously last Thursday to register as sex offenders people who have already been convicted of the state law against ‘intentional’ HIV exposure/transmission.

This, according to writer Thomas Heald in a blog published before the vote, would “add the punishment of sex offender status, thus adding a ‘Scarlet Letter’ to their conviction, which would add restrictions on where they could live (1000 feet of schools churches, etc.), and allow neighborhood searching and registration so that families can “protect themselves” and/or unofficially harass the offender.”

The Act (SB65) to define intentional exposure to HIV infection by sexual intercourse as a sex crime subject to registry as a sex offender’ has now amended its sex offender law (§ 22-24B-1) by adding the following clause: “Intentional exposure to HIV infection as set forth in subdivision § 22-18-31 South Dakota Codified Laws.”

§ 22-18-31 is ‘intentional exposure to HIV infection’, a Class 3 felony (punishable by up to 15 years in prison and/or a $15,000 fine) which criminalises “any person who, knowing himself or herself to be infected with HIV, intentionally exposes another person to infection by…engaging in sexual intercourse or other intimate physical contact with another person.”

The report, from the Associated Press/Rapid City Journal, gets its facts wrong, and says the law is about “intentionally infecting sex partners”. Sadly, this has been repeated in other reports, including those at Poz.com.

Much, much worse, of course, is the ignorance of South Dakota’s lawmakers, including Senator Sandy Jerstad – author of this latest Act – who has conflated HIV exposure with HIV infection and thinks that people exposed to HIV will “have to take HIV tests for years (although a negative antibody test six months after exposure is enough to know that HIV infection has not taken place) and they live with the consequences of this crime for the rest of their lives.”

The latter is possibly true – if someone has been found guilty of this ‘crime’ through a fair trial – but surely this is true only if the ‘victim’ has become HIV-positive. Or is she suggesting that simply having sex with someone who is HIV-positive results in life long trauma?

The full Associated Press/Rapid City Journal report is below.

Senate approves HIV legislation

By The Associated Press

PIERRE — The South Dakota Senate decided Thursday that people who are convicted of intentionally infecting sex partners with the AIDS virus should have to register as sex offenders after release from prison.

Sen. Sandy Jerstad, D-Sioux Falls, said that would warn the public about the danger those people present.

“There’ll always be a certain small portion of our population who set out to intentionally harm others by committing sex crimes,” she said.

Two people in the state have been convicted of intentionally infecting others with HIV, Jerstad said.

She said the maximum prison term for the crime is 15 years in prison, but the victims must face the fear that they’ll get AIDS.

“Those victims will have to take HIV tests for years, and they live with the consequences of this crime for the rest of their lives,” Jerstad said.

SB65 cleared the Senate 34-0, sending the legislation to the House.

South Africa: New rape laws mandate HIV testing for alleged offender

From March South Africa’s new Sexual Offenses Amendment Act will allow victims of rape to apply for a court order to force their alleged attacker to take an HIV (antibody?) test.

“The bill was approved by parliament before it went into recess last month after being held up for more than a year because of technical legal problems over the clauses about compulsory HIV tests for sexual offenders.

The revised legislation said all victims should be entitled to apply for a court order to compel the alleged sex offender to take an AIDS test, and should get free medication immediately after the rape to reduce the risks of contracting the virus. Given the delay in HIV infection showing up in tests, many women currently face weeks of agonized uncertainty over whether their attacker carried the deadly virus.

The provisions on AIDS testing will take effect in March because of the legal complexities involved, the Justice Ministry said.”

Full story from the Associated Press here.

India: Bombay court rules existing criminal law sufficient to investigate HIV exposure/transmission

A short and somewhat unclear story from The Telegraph of Calcutta, India suggests that existing Indian law can be used to investigate and prosecute HIV exposure following non-disclosure (and possibly ‘reckless’ HIV transmission) under Sections 308 and 420 of the Indian Penal Code (IPC).

Section 308 deals with attempt to culpable homicide not amounting to murder and Section 420 deals with cheating and ‘confidence tricks’.

The paper reports that the police refused to register a complaint from a woman against an HIV-positive man who had not disclosed his status before marrying her. It is not clear whether the woman is also now HIV-positive.

“The Bombay High Court ruled that whenever a complainant discloses a cognizable offence, the police is bound to register it and start an investigation. The court directed the hospital where the man was undergoing treatment to co-operate with the police by giving access to all relevant documents.”

Story with headline ‘Positive Impact’ can be read at The Telegraph, India online.