Contents 1 Modes of transmission 1.1 Blood donation 2 Legal situation 2.1 Australia 2.1.1 New South Wales 2.2 Canada 2.3 Finland 2.4 Germany 2.5 Libya 2.6 New Zealand 2.7 Netherlands 2.8 Poland 2.9 Russia 2.10 United Kingdom 2.10.1 Scotland 2.11 United States 3 Criticism of criminal statutes 4 See also 5 References 6 Further reading 7 External links

Modes of transmission[edit] This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (March 2015) (Learn how and when to remove this template message) Medical research has identified the following situations in which HIV may be transmitted: Sexual transmission where one person with an HIV infection engages in unprotected sexual intercourse with another, thus transferring the virus; Blood donation and transfusions or other medical procedures involving biological material such as blood, tissue, organs, or semen from an infected donor; HIV has been transmitted through the organ transplantation of kidney, liver, heart, pancreas, bone, and skin, all of which are blood-containing organs or highly vascular tissues (but not through transplantation of bone without marrow, corneas, etc.), but this mode of transmission, along with blood transfusions, has become rare since the development of accurate HIV-testing procedures; The use of unsterilized needles/syringes for medical, recreational drug use (including a range of drug paraphernalia), tattooing, body piercing, etc.; Pregnancy and postnatal transmission (e.g., breast feeding). Blood donation[edit] This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (March 2015) (Learn how and when to remove this template message) France began testing blood products for HIV antibodies in June 1985, Canada in November 1985, and Switzerland in May 1986. Germany inconsistently tested plasma products between 1987 and 1993, as did Japan in 1985 and 1986. There were criminal investigations and prosecutions of those persons found to be responsible for these delays (see Weinberg et al.). At least 20 countries now have plans in place to compensate some classes of individuals, e.g. hemophiliacs, infected by the transfusion of HIV-contaminated blood and blood products.

Legal situation[edit] In many English-speaking countries and in most of the states who have signed the European Convention of Human Rights,[2] knowingly infecting others with HIV can lead to criminal prosecution. In a 2004 survey of the latter group, the Global Network of People Living with HIV/AIDS found that at least one prosecution had occurred in about half of these countries, and that in Finland, Sweden and Slovakia, about 0.5% to 1% of all people reported to be living with HIV/AIDS had been prosecuted for alleged intentional or "negligent" transmission of HIV.[2] In many developing countries such as Thailand where the HIV/AIDS pandemic has been much more serious, laws regarding criminalisation of intentional transmission have been either weak or non-existent.[3] From a global perspective, the U.S. and Canada account for the vast majority of reported prosecutions.[4] Australia[edit] In Australia the regulations concerned with the transmission of HIV are found in two sources, the Public Healths Acts and in the criminal law.[citation needed] New South Wales[edit] The New South Wales (NSW) Public Health Act from 2010 regulates under section 79 that a person with HIV must disclose their status to all sexual partners. Under section 79(3) it is a defence, if the court is satisfied, that the defendant took reasonable precautions to prevent the transmission.[5] In other Australian states, there is no specific legislative requirement to disclose.[citation needed] Interventions may range from counseling through to restrictive orders, with detention as a last resort. If talking about the problems of practising safe sex does not help, the doctor may obtain a Public Health Order to manage the behaviour of the HIV positive person.[citation needed] Only a small number of sex workers and clients have received a Public Health Order or ‘management’ intervention for potentially breaking the law.[citation needed] Under the criminal law, a person with HIV is criminally liable for prosecution if they have intentionally transmitted the virus to their partner without informing them of their status. In NSW the relevant offences are separated into those done intentionally (Section 33 of the Crimes Act 1900),[6] and those done recklessly (Section 35). The definition of grievous bodily harm (GBH)[7] now[when?] explicitly includes (in s4(1)(c))‘any grievous bodily disease'.[8] This means that the infliction of grievous bodily harm refers to causing a person to contract a grievous bodily disease. Under section 33 a person who intends to inflect grievous bodily harm on another person can be imprisoned for up to 25 years while under section 35 a person who recklessly causes another person grievous bodily harm can be imprisoned for up to 10 years and 14 years if in company. This can include causing someone to be infected with HIV. A person is generally deemed as reckless when they are aware that there is a risk that another person may be caused GBH as a result of their actions, but they proceed to act anyway.[citation needed] Canada[edit] Though Canadian federal law does not contain any HIV-specific statutes, HIV transmission and exposure are otherwise prosecuted under general offense laws. R. v. Mabior, (2012) SCC 47 reflects the Supreme Court of Canada's most recent decision outlining criminal liability for serostatus nondisclosure. After being diagnosed with HIV in 2004, Clato Mabior underwent aggressive antiretroviral therapy and was adhering to treatment at the time of pursuing sexual relations with multiple partners between 2004-2006. Despite intermittent condom use, HIV was never transmitted to his partners. Ultimately, the Court convicted Mabior with six counts of aggravated sexual assault. The Mabior ruling comes fourteen years after R. v. Cuerrier (1998) 127 CCC (3d) 1 (SCC) where the defendant was charged with aggravated assault for the sexual transmission of HIV under s268 Canadian Criminal Code. The Supreme Court of Canada found that the trial judge had misdirected himself and ordered a new trial on two counts of aggravated assault but, in May 1999, the Attorney-General for British Columbia announced that a new persons trial would not take place. The Supreme Court ruling caused difficulty because even though it only concerned non-disclosure of HIV-positive status in sexual situations, it unanimously rejected of the English authority of R v Clarence, L’Heureux-Dubé stating that any fraud could vitiate consent to all types of assault because the autonomy and physical integrity of the person has been violated. Thus, because the Canadian legislature has declined to criminalize the transmission of HIV, the judiciary must address the issues as and when they arise. Subsequent legal precedent[9] has established that failure to disclose HIV-positive status, combined with failure to utilize protective measures (condom use), is sufficiently fraudulent behaviour to constitute turning "consensual" sex into aggravated sexual assault, since the other party has been denied the information necessary to give properly informed consent. The Court's vague justification for serostatus disclosure under circumstances that lead to "significant risk of bodily harm" remained a particularly contentious issue in the aftermath of Cuerrier. Because Cuerrier did not expressly define "significant risk", lower courts inconsistently criminalized HIV-positive defendants based on varied interpretations of the clause. In large part, Mabior represents a response to Cuerrier and an attempt to sharpen the criteria. In Mabior, the Court found that "significant risk of bodily harm is negated if (i) the accused’s viral load at the time of sexual relations was low, and (ii) condom protection was used." Many anti-criminalization groups maintain that even this clarification is equally ambiguous without explicitly defining a threshold for low viral load.[citation needed] On 1 December 2005, Jian Ghomeshi filed a report on this issue for the CBC. He asked whether there is a legal obligation to disclose HIV status. He held up the case of Johnson Aziga, who was diagnosed in 1996 but then allegedly had unprotected sex with at least 13 women. Aziga was charged with two counts of murder and 11 counts of aggravated sexual assault; the prosecution claims that he did not disclose his status. On 4 April 2009, Aziga was found guilty of the two counts of first degree murder as well as the lesser counts. The current precedent in Canada stands as any person who has HIV, fails to disclose the fact to their sexual partner, and does not take some sort of protective measure (such as condom use), is guilty of aggravated sexual assault as per R. v. Cuerrier and subsequent cases. Aziga was convicted of first degree murder since under Canadian law, any death as a result of aggravated sexual assault (two of the women died as a result of the HIV infection received from intercourse with Aziga) is automatically first degree murder as per section 231 of the Criminal Code of Canada.[10][11] Hamish Stewart, a University of Toronto law professor, has stated Non-disclosure is a form of deception if it is the kind of thing that a reasonable person would expect to be disclosed... If the Crown can show that the accused knew that he was imposing this kind of risk of death on them, and was indifferent to the risk, then that would probably be sufficient to satisfy the element of intent for murder.[citation needed] Several Canadian courts had ruled that people who are not informed that a sexual partner is HIV-positive cannot truly give consent to sex. As a result, the death of Aziga's partners was automatically considered to be murder instead of the lesser charge of manslaughter. However, in Mabior the Supreme Court rejected the view that consent will always be vitiated by non-disclosure of HIV-positive status, substituting the rule that there will be no consent only if in addition to the non-disclosure there was a realistic possibility of transmission of HIV.[citation needed] Finland[edit] The first case of criminal HIV infection in Finland was that of Steven Thomas,[12] a US citizen from New York, who was convicted in 1997 in Helsinki for knowingly infecting Finnish women with HIV during 1993–1996. In January 1997, Finnish police published Thomas' picture in newspapers and stated that Thomas may have infected tens or even hundreds of Finnish women with HIV. Seventeen women said they had been in unprotected sexual contact with Thomas.[12] Thomas was given a 14-year prison sentence at the Helsinki court on 10 July 1997 for 17 counts of attempted manslaughter.[13] Thomas was found to have infected five of the 17 women with HIV, and was ordered to pay damages of $63,000–$73,000 to each infected victim.[14] The sentence was widely criticised within the legal system, because under Finnish law the maximum sentence for multiple counts of attempted manslaughter is 12 years. Lauri Lehtimaja, the Ombudsman of the Parliament gave a warning to the court judge about his misuse of the law.[15] The Helsinki Court of Appeal lowered the sentence in December 1997 to be 11 years and 6 months of imprisonment. The documents of the case were classified for 40 years.[citation needed] In 2002 Steven Thomas was quietly released and deported from Finland to an unknown location.[16] A Finnish man convicted of spreading HIV knowingly through unprotected sex with many women was Aki Matti Hakkarainen. He was first convicted in 2005 and sentenced to one year and nine months in prison for attempted aggravated assault.[17] In August 2007, Hakkarainen was arrested by Rovaniemi police after a report from a young woman saying she had contracted HIV from Hakkarainen during unprotected sex. On 5 October 2007, police published the name and photo of Hakkarainen in newspapers in an effort to reach all women who had had sexual intercourse with him.[18] In court, Hakkarainen admitted to having unprotected sex with the women but denied trying to infect them with the virus. On 22 April 2008, Rovaniemi court concluded that Hakkarainen knowingly infected five women with HIV, and in August 2008 he was found guilty of five counts of aggravated assault and 14 counts of attempted aggravated assault. He was sentenced to ten years in prison. He was also ordered to pay 45,000–55,000 euros compensation to the five women that contracted the virus.[19] Germany[edit] In the Federal Republic of Germany on 16 August 2010, Nadja Benaissa of the German pop music group No Angels admitted to sex with several men while knowing her HIV-positive status, and infecting one of those several,[clarification needed] who subsequently brought the case against her. She faced prison, but was instead given probation (2 years) and community service. Women groups were outraged at the possibility of a woman being charged for negligently spreading HIV. She denied any intent to infect, apologising profusely and saying "When I was arrested I realised that the way that I had dealt with the illness had been wrong... I made a big mistake... No way did I want my partner to be[come] infected." She stated that she concealed the infection to avoid hurting the success of her band. Benaissa has claimed she had been told by doctors that the risk of passing on the virus was "practically zero".[20] Libya[edit] In the book Notes from Hell one of the medics describes the torture process and her life in prison during the trial. The HIV trial in Libya also called 'Bulgarian nurses affair', concerns the trials, appeals and eventual release of six foreign medical workers charged with conspiring to deliberately infect over 400 children with HIV in 1998, causing an epidemic at El-Fatih Children's Hospital in Benghazi, Libya.[21] The defendants, arrested in 1999, were one Palestinian medical intern and five Bulgarian nurses (often termed "medics").[22] All of the medics were heavily tortured for months to extract confessions. The torture process is described in details in the book Notes from Hell,[23] co-written by Nikolay Yordanov and one of the nurses, Valya Chervianashka. As a result, three of the medics signed confessions. They were first sentenced to death, had their case remanded by Libya's highest court, and were sentenced to death again, which was upheld by Libya's highest court in early July 2007. A Libyan government panel later commuted their sentences to life in prison.[24] The six were released following a deal reached with European Union representatives on humanitarian issues.[25] The EU did not condone the guilty verdict in Libya against the six.[citation needed] On 24 July 2007, the five medics and the doctor were extradited to Bulgaria, where their sentences were commuted by the Bulgarian President Georgi Parvanov and they were freed.[citation needed] Libya has since complained about the releases, and the issue remains[when?] ongoing.[citation needed] Furthermore, a controversy has arisen concerning the terms of release, which allegedly include an arms trade as well as a civilian nuclear cooperation agreement signed by French President Nicolas Sarkozy in July 2007.[citation needed] New Zealand[edit] New Zealand's first case for criminal HIV transmission occurred in 1993, when Peter Mwai, a Kenyan visiting New Zealand on a tourist visa, was sentenced to seven years in prison for infecting at least two women with HIV through unprotected sexual intercourse.[26] Mwai came to New Zealand police attention after a woman reported she had contracted HIV after sleeping with him. Multiple women came forward saying they had unprotected sex with Mwai who had not told them he had HIV. At least two of the women tested positive for HIV. Peter Mwai was charged under existing laws, for causing 'grievous body harm' and 'reckless endangerment'.[27] On 6 October 2005 a New Zealand District Court ruled that HIV-positive people need not tell sexual partners about their status so long as safe sex is practiced. In the case being ruled on, the man had used a condom during intercourse but not during oral sex. His partner had not been infected. The same man was convicted of criminal nuisance earlier for having unprotected sex with another partner without revealing his HIV status.[citation needed] In May 2009, a 40-year-old bisexual man from Auckland was thought to have infected at least five younger gay men between 2008 and 2009.[28] One of the infected men had laid a formal complaint to the New Zealand police, sex venues shut their doors to what was called a 'HIV predator'.[29] and police arrested the 40-year-old man in on 28 May 2009.[30] On 16 June 2009 the court heard that two more people had come forward with complaints bringing the total to six.[citation needed] The eight charges included that he "with reckless disregard for the safety of others caused – or attempted to cause – grievous bodily harm to five males aged 17, 20, 24, 26, and 31, plus a female aged 19." He faced charges of "willfully and without justification or excuse causing in a male aged 20 and a female aged 19 a disease, namely HIV."[citation needed] The trial set for 2010 did not proceed as Glenn Mills, accused of knowingly exposing fourteen young people to HIV, was found dead in his Mt Eden remand prison cell on 30 November 2009 after having made two unsuccessful applications to be released on bail in prior weeks.[31] Netherlands[edit] Three HIV-positive men, Peter Mulder, Hans Jurgens and Wim Dekker, were jailed in 2008 on charges of attempting to inflict grievous bodily harm after drugging and raping 14 men, some of whom they injected with their own HIV-infected blood. Twelve of the victims were HIV-positive or suffering from AIDS at the time of the trial.[32] Poland[edit] In Poland under Art. 161 of the Criminal Code, persons who knowingly risk infecting others with HIV are liable to be jailed up to 3 years.[33] Russia[edit] Infecting another individual with HIV is a criminal offense unless that individual knew about HIV infection beforehand and consented.[34] United Kingdom[edit] For a full discussion of the issues raised in sexual transmission, see Consent (criminal law) Transmission generally may fall under sections 18, 20, 23, 24 or 47 of the Offences against the Person Act 1861. As of 19 June 2006, there had been seven convictions for the sexual transmission of HIV in England and Wales under s.20 of the 1861 Act which, inter alia, criminalizes the reckless inflicting of grievous bodily harm.[citation needed] Of these, five were men accused of infecting female partners during sex, one was a man who pleaded guilty to infecting a male partner, and one (in Wales) was a woman.[citation needed] In 2005, the 20-year-old Welsh woman was convicted of infecting her boyfriend with HIV during sex, knowing she had the infection.[35] In 2006, a 43-year-old woman pleaded guilty to recklessly inflicting grievous bodily harm on her 31-year-old lover.[35] Only two cases pleaded 'not guilty', and both have gone to appeal. In Regina v Dica (Mohammed) [2004] the Court of Appeal held that a person was reckless if, knowing that they were HIV-positive, he or she transmitted HIV to a person who had not been told of the infection, and convicted him of a total sentence of 8 years' imprisonment.[36] It was not necessary to prove that the transmission had involved an assault for the "inflicting" of the disease. They acknowledged that there could be a higher standard of disclosure expected of someone in a relationship, compared with the "known risks" involved in casual sex. Matthew Weait has critically discussed the case.[37] In Regina v Konzani the same court held that a person accused of recklessly transmitting HIV could only raise the defense of consent, in cases where that consent was a "willing" or "conscious" consent.[38] In other words, the court distinguished between "willingly running the risk of transmission" and "willingly consenting to the risk of transmission." This suggests that consent will only operate as a defense—in all but the most exceptional of cases—where there has already been prior disclosure of known HIV-positive status.[39] As of June 2006[update], two women have been convicted for passing on an HIV infection in the UK. The first, from Cardiff, was jailed for 2 years;[40] the second, Sarah Jane Porter, was convicted of grievous bodily harm through the reckless transmission of HIV, and was sentenced to 32 months in prison in June 2006.[41] The National AIDS Trust has published a table of cases of people in England and Wales charged with reckless sexual transmission of HIV.[42] In November 2017, a man called Daryll Rowe was convicted of grievous bodily harm after intentionally infecting five men with the virus and attempting to infect five more.[43][44][45][46] The Rowe case has been reported as being the first case in the United Kingdom where the defendant was found guilty for intentionally rather than recklessly transmitting the virus.[47] In 2017, another man, Antonio Reyes-Minana, was convicted of grievous bodily harm after withholding his HIV status from two male partners.[48] An important issue that arises where proof of transmission is required, is establishing the source of the complainant's HIV infection.[citation needed] Although it cannot prove the route and timing of transmission, phylogenetic analysis has been used in many trials to demonstrate how closely related HIV strains in samples taken from the defendant and complainant are. The issues and problems surrounding phylogenetic analysis in criminal investigation are discussed in a 2007 report by aidsmap.[49] Presentations from the Economic and Social Research Council funded 2011 seminar series "HIV/AIDS and Law: Theory, Practice and Policy" at Keele University deal with the question of criminalization.[50] Scotland[edit] In February 2001 Stephen Kelly, an ex-prisoner and former IV drug user, was convicted of the Scots common law offence of "recklessly injuring" his former partner by infecting her with HIV.[51] In HMA v Deveraux (2010), the HIV positive defendant pleaded guilty to reckless injury on four counts, one of which led to the victim contracting HIV.[52] United States[edit] Main article: Criminal transmission of HIV in the United States More than thirty states have prosecuted HIV-positive individuals for exposing another person to HIV.[citation needed] A person diagnosed with HIV who infects their partner while engaging in sexual intercourse is committing a crime.[citation needed] A person donating HIV-infected organs, tissues, and blood can be prosecuted for transmission of the virus.[citation needed] Spitting or transmitting HIV-infected bodily fluids is considered a criminal offense in some states, particularly where the target is a prison guard. Some states consider criminal transmission of HIV as a misdemeanor.[citation needed] In July 2010 the White House announced a major change in its HIV/AIDS policy, a change informed by public health law research carried out by Scott Burris, professor of law at Temple University and the director of its Public Health Law Research program.[53] The Obama administration's National HIV/AIDS Strategy for the United States concluded that "the continued existence and enforcement of these types of laws [that criminalize HIV infection] run counter to scientific evidence about routes of HIV transmission and may undermine the public health goals of promoting HIV screening and treatment."[54] In the fall of 2010, the Center for HIV Law and Policy launched the 'Positive Justice Project', a campaign to combat HIV-related stigma and discrimination against people with HIV by the U.S. criminal justice system.[55] It released a manual of HIV-specific laws and prosecutions in the 50 states, District of Columbia, U.S. Territories, Federal government, and military in 2010.[56] On September 23, 2011, Rep. Barbara Lee (D-CA) introduced H.R. 3053, The Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act or the REPEAL HIV Discrimination Act.[57] The REPEAL HIV Discrimination Act calls for review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses.[58] The bill died in the Subcommittee on Health,[57] and also in 2013/2014 when introduced as HR 1843 and referred to the Subcommittee on Military Personnel.[59] Courts have looked into the statistical probability of HIV transmission to overturn or reduce criminal sentences resulting from prosecutions. For example, on February 23, 2015, the United States Court of Appeals for the Armed Forces reversed the aggravated assault conviction of Technical Sergeant David Gutierrez upon determining, that the risk of HIV transmission through sexual intercourse was not "likely to produce death or grievous bodily harm" under the applicable statute.[60] As of 2017, HIV criminalization laws are no longer based on the official scientific data, as Center for Disease Control and Prevention(CDC) admits that those who are on HIV medication can no longer transmit the virus. [61] [62] [63] [64]

Criticism of criminal statutes[edit] South Africa's openly HIV-positive Supreme Court Justice Edwin Cameron argued against criminalisation at the XVII International AIDS Conference in Mexico City.[65]

See also[edit] List of HIV-positive people: Criminal transmission of HIV

References[edit] ^ "CDC : Centers for Disease Control and Prevention Homepage". Retrieved 2015-10-29.  ^ a b Global Network of People Living with HIV/AIDS Europe, Terrence Higgins Trust (2005). "Criminalisation of HIV transmission in Europe: A rapid scan of the laws and rates of prosecution for HIV transmission within signatory States of the European Convention of Human Rights". Global Network of People Living with HIV/AIDS. Archived from the original on 10 May 2007. Retrieved 10 January 2007.  ^ "Asia-Pacific | German sparks Thai HIV scare". BBC News. 18 October 2004. Retrieved 17 October 2011.  ^ E.J. Bernard (22 July 2010). "Where HIV is a crime, not just a virus: a global ranking of prosecutions for HIV non-disclosure, exposure and transmission". INt AIDS Conference. Archived from the original on 27 April 2014. Retrieved 26 April 2014.  ^ "NSW Legislation". Retrieved 2015-10-29.  ^ "CRIMES ACT 1900 - SECT 33 Wounding or grievous bodily harm with intent". Retrieved 2015-10-29.  ^ "CRIMES ACT 1900 - SECT 4 Definitions". Retrieved 2015-10-29.  ^ "CRIMES ACT 1900 - SECT 35 Reckless grievous bodily harm or wounding". Retrieved 2015-10-29.  ^ [1] Archived 14 November 2007 at the Wayback Machine. ^ "Ontario man found guilty in HIV murder trial". Canada: CBC. 2009-04-04.  ^ [2] Archived 5 June 2011 at the Wayback Machine. ^ a b [3] Archived 11 June 2014 at the Wayback Machine. ^ [4] Archived 18 May 2013 at the Wayback Machine. ^ Retrieved 5 January 2011.  Missing or empty |title= (help)[dead link] ^ "English Press Service". Retrieved 17 October 2011.  ^ Kris Clarke. "Policying Silence, Practicing Invisibility:Migrants Living with HIV/AIDS in Finland".  ^ "Publishing photo of HIV man leads to discovery of yet another HIV-positive victim from years ago". HELSINGIN SANOMAT. Retrieved 6 January 2011.  ^ "HIV spreader public image – (in Finnish)". 5 October 2007. Retrieved 6 January 2011.  ^ "Finn gets 10 years for infecting women with HIV". AP – Associated Press. 25 August 2008. Retrieved 6 January 2011. [permanent dead link] ^ "German singer Nadja Benaissa apologises at HIV trial". BBC News. 16 August 2010.  ^ Kovac, Carl; Khandjiev, Radko (3 February 2001). "Doctors face murder charges in Libya". British Medical Journal. 322 (260): 7281. doi:10.1136/bmj.322.7281.260/b. ISSN 0959-8138. PMC 1119524 . PMID 11157524.  ^ Fred Abrahams (9 May 2005). "Photos of the Bulgarian health workers" (Press release). Human Rights Watch.  ^ ^ "Libya commutes medics' death sentence to life in prison". AFP. New Scientist. 7 July 2007. Archived from the original on 19 August 2007. Retrieved 7 July 2007.  ^ "HIV medics released to Bulgaria". BBC News. 24 July 2007. Archived from the original on 8 August 2007. Retrieved 24 July 2007.  ^ "Peter Mwai". n.d. Retrieved 26 June 2014.  ^ Worth, Heather (n.d.). "AIDS and the Other: Race, Gender and Social Policy in the Peter Mwai Affair". NZ Ministry of Social Development. Retrieved 26 June 2014.  ^ "HIV 'predator' may be bisexual". 2009-05-13. Retrieved 2015-10-29.  ^ "Sex venues shut doors to HIV 'predator'". 16 May 2009.  ^ "Man in court accused of infecting men with HIV". The New Zealand Herald. 28 May 2009.  ^ "HIV accused Glenn Mills found dead in cell". 30 November 2009.  ^ "Men jailed for spreading HIV at sex orgies". Brisbane Times. November 13, 2008. Retrieved March 21, 2013.  ^ [5] ^ "ПРЕСТУПЛЕНИЯ ПРОТИВ ЖИЗНИ И ЗДОРОВЬЯ - Уголовный кодекс РФ (УК РФ) от 13.06.1996 N 63-ФЗ \ Консультант Плюс". Retrieved 2015-10-29.  ^ a b "UK | England | London | Woman jailed for giving lover HIV". BBC News. 2006-06-19. Retrieved 2015-10-29.  ^ Regina versus Mohammed Dica, EWCA Crim 1103 (05 May 2004), British and Irish Legal Information Institute ^ [6] Archived 29 September 2007 at the Wayback Machine. ^ Regina v Konzani Crim 706 (17 March 2005), British and Irish Legal Information Institute ^ [7] Archived 29 September 2007 at the Wayback Machine. ^ "Criminal Transmission of HIV". Retrieved 17 October 2011.  ^ "History of HIV & AIDS in the UK 1996 Onwards". Retrieved 17 October 2011.  ^ England and Wales, table of cases Archived 2 April 2015 at the Wayback Machine. September 2014, National AIDS Trus, 5 pages ^ "UK man found guilty of knowingly spreading HIV". NBC News. Retrieved 2017-12-04.  ^ "Hairdresser who 'deliberately infected lovers with HIV' says he does not remember sending chilling texts". The Independent. 2017-11-03. Retrieved 2017-12-04.  ^ Watt, Holly (2017-11-15). "Man found guilty of trying to infect 10 Grindr dates with HIV". The Guardian. ISSN 0261-3077. Retrieved 2017-12-04.  ^ "Accused 'said moaning won't cure HIV'". BBC News. 2017-11-03. Retrieved 2017-12-04.  ^ "Daryll Rowe guilty – but is criminal law the right way to stop the spread of HIV? | UoP News". Retrieved 2017-12-04.  ^ "Nottingham man jailed for infecting lovers with HIV". The Guardian. 2017-08-15. ISSN 0261-3077. Retrieved 2017-12-04.  ^ The use of phylogenetic analysis as evidence in criminal investigation of HIV transmission Edwin J Bernard, Yusef Azad, Anne-Mieke Vandamme, Matthew Weait, Anna Maria Geretti,National AIDS Manual and National AIDS Trust briefing paper. February 2007, 12 pages ^ "Research Institute for Social Sciences – Keele University". 25 February 2011. Archived from the original on 20 May 2009. Retrieved 17 October 2011.  ^ "HIV man guilty of infecting girlfriend". BBC News. 23 February 2001.  ^ "HIV man jailed for 'reckless sex'". BBC News. 25 February 2010.  ^ "Home". Public Health Law Research. 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"Lawyer: HIV assault ruling could end all such military cases". Washington Times. Retrieved 2015-10-29.  ^ ^ ^ ^ ^ Edwin Cameron (8 August 2008). "FRPL0103 Criminal Statutes and Criminal Prosecutions in the Epidemic: Help or Hindrance?". FRPL0103. International AIDS Conference. Retrieved 26 April 2014. 

Further reading[edit] Chalmers, James 'The criminalisation of HIV Transmission' 28 Journal of Medical Ethics (2002) 160; Criminal Law Review (2004) 944; Donegan E, Lee H, Operskalski EA, Shaw GM, Kleinman SH, Busch MP, Stevens CE, Schiff ER, Nowicki MJ, Hollingsworth CG. Transfusion transmission of retroviruses: human T-lymphotropic virus types I and II compared with human immunodeficiency virus type 1. Transfusion. 1994 Jun;34(6):478-83. PubMed ID: 94295061 LegalEase Collective, 'Episode 38 - The Status of Non-Disclosure of HIV Status: A Legal Analysis of Supreme Court of Canada Decisions R. v. Mabior and R. v. D.C.' LegalEase on CKUT 90.3 FM (October 2012); [8] OSI 10 Reasons to Oppose Criminalization of HIV Exposure or Transmission; Spencer, J.R. 'Liability for Reckless Infection: Part 1' New Law Journal (12 March 2004) 384; Spencer, J.R. 'Liability for Reckless infection: Part 2' New Law Journal (26 March 2004) 448; Spencer, J.R. 'Reckless Infection in the Course of Appeal' New Law Journal (21 May 2004) 762; Warburton, Damian (2004) 'A Critical Review of English Law in Respect of Criminalising Blameworthy Behaviour by HIV+ Individuals' Journal of Criminal Law (2004), 55; Weait, Matthew (2007) Intimacy and Responsibility: the Criminalisation of HIV Transmission (Abingdon: Routledge-Cavendish); Weait, Matthew 'Dica: Knowledge, Consent and the Transmission of HIV' New Law Journal (28 May 2004) 826; Weait, Matthew 'Criminal Law and the Sexual Transmission of HIV: R v Dica' 68(1) Modern Law Review (2005) 121; Weait, Matthew 'Taking the blame: criminal law, social responsibility and the sexual transmission of HIV' 23(4) Journal of Social Welfare and Family Law (2001) 441–457; Weait, Matthew & Azad, Yusef 'The criminalization of HIV transmission in England and Wales: Questions of Law and Policy' HIV/AIDS Policy and Law Review (August 2005) Weinberg PD, Hounshell J, Sherman LA, Godwin J, Ali S, Tomori C, Bennett CL (Feb 2002). "Legal, financial, and public health consequences of HIV contamination of blood and blood products in the 1980s and 1990s". Ann Intern Med. 136 (4): 312–9. doi:10.7326/0003-4819-136-4-200202190-00011. PMID 11848729. 

External links[edit] Criminal Transmission of HIV - list of notable cases HIV and the criminal law (International resource from NAM) Criminal HIV Transmission Research Project Tops 100 Online Profiles HIV-Positive Spitter Sentenced to 13 Years Information concerning a number of European countries Information concerning England and Wales More information concerning England and Wales Canadian HIV/AIDS Legal Network HIV & AIDS Legal Clinic (Ontario)Canada The Center for HIV Law & Policy - Positive Justice Project NAM Aids Map - Transmission of HIV as a criminal offence WHO technical consultation - A report by the World Health Organization on Criminalizing HIV Transmission Keele University Research Institute for Law, Politics and Justice - The legal, political and social problems associated with HIV were discussed at a seminar series at Keele University in 2005/6. v t e Sexual ethics Human sexuality Adolescent sexuality Rainbow party Adultery Education Fetishism Incest law Miscegenation Objectification Orientation Pregnancy Abortion Prostitution law Survival sex Child sexuality Child marriage Child pornography law Child prostitution Child sex tourism Sexual abuse Child-on-child sexual abuse Child sexual abuse law Harassment Rape law Age of consent (reform) Africa Asia Europe North America United States Oceania South America List of topics v t e HIV/AIDS topics HIV/AIDS HIV HIV structure and genome subtypes CDC classification disease progression rates HIV/AIDS diagnosis management pathophysiology prevention research vaccination PrEP WHO disease staging system for HIV infection and disease Children Teens / Adults Countries by AIDS prevalence rate Conditions Signs and symptoms AIDS-defining clinical condition Diffuse infiltrative lymphocytosis syndrome Lipodystrophy Nephropathy Neurocognitive disorders Pruritus Superinfection Tuberculosis co-infection HIV Drug Resistance Database Innate resistance to HIV History History Epidemiology Multiple sex partners Timeline AIDS Museum Timothy Ray Brown Social AIDS orphan Catholic Church and HIV/AIDS Circumcision and HIV Criminal transmission Discrimination against people Economic impact HIV-affected community HIV/AIDS denialism Safe sex Sex education List of HIV-positive people People With AIDS Self-Empowerment Movement Culture International AIDS Conference International AIDS Society Joint United Nations Programme on HIV/AIDS (UNAIDS) President's Emergency Plan for AIDS Relief (PEPFAR) Treatment Action Campaign World AIDS Day Media portrayal of HIV/AIDS Misconceptions about HIV/AIDS Discredited HIV/AIDS origins theories AIDS pandemic by region / country Africa Angola Benin Botswana Democratic Republic of the Congo Egypt Ethiopia Ghana Guinea Côte d'Ivoire (Ivory Coast) Kenya Lesotho Madagascar Malawi Mali Mozambique Namibia Niger Nigeria Rwanda Senegal Swaziland Tanzania South Africa Uganda Zambia Zimbabwe North America Canada Mexico El Salvador Guatemala Honduras Nicaragua United States New York City Caribbean Haiti Jamaica Dominican Republic South America Bolivia Brazil Colombia Guyana Peru Asia Bangladesh Bhutan Myanmar (Burma) Cambodia China (PRC) (Yunnan) East Timor India Indonesia Iraq Japan Jordan Laos Nepal North Korea Pakistan Philippines Thailand Taiwan (ROC) United Arab Emirates Vietnam Europe United Kingdom Russia Ukraine Oceania Australia New Zealand Papua New Guinea List of countries by HIV/AIDS adult prevalence rate List of HIV/AIDS cases and deaths registered by region Retrieved from "" Categories: Criminal transmission of HIVRecklessness (law)Hidden categories: Webarchive template wayback linksPages with citations lacking titlesPages with citations having bare URLsAll articles with dead external linksArticles with dead external links from May 2016Articles with dead external links from November 2016Articles with permanently dead external linksNPOV disputes from May 2014All NPOV disputesWikipedia external links cleanup from October 2015Wikipedia spam cleanup from October 2015Articles with multiple maintenance issuesUse dmy dates from October 2011Articles needing additional references from March 2015All articles needing additional referencesAll articles with unsourced statementsArticles with unsourced statements from March 2015All articles with vague or ambiguous timeVague or ambiguous time from March 2015Articles with unsourced statements from April 2009Wikipedia articles needing clarification from March 2015Vague or ambiguous time from May 2012Articles containing potentially dated statements from June 2006All articles containing potentially dated statements

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