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Criminal HIV Transmission
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Singapore: Two men with HIV jailed for non-disclosure to same man at different times
A 27 year-old former civil engineer and a 48 year-old married man who had casual sex at different times with a 37 year-old man (who subsequently tested HIV-positive) have each been sentenced to 18 months in prison because they did not disclose they were HIV-positive. This is the first time (...)
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Czech Republic: 18 year-old pregnant woman gets 2 1/2 years for HIV non-disclosure
An 18 year-old pregnant woman from Eastern Bohemia in the Czech Republic, coinfected with both HIV and Hepatitis C, was sentenced to 2 1/2 years in prison last week for not disclosing that she was HIV-positive before having unprotected sex with her 19 year-old boyfriend. The judge, Miroslav (...)
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Canada: Urgent sign on statement - ask Supreme Court to stop inappropriate criminalisation of people with HIV
On February 8, 2012, the Supreme Court of Canada will hear two landmark cases on the issue of criminalisation of HIV non-disclosure in R v. Mabior and R v. DC. The Court’s decisions in these two appeal cases will have profound implications not only for people living with HIV, but also for (...)
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Austria: Man accused of criminal HIV transmission fights "unconstitutional" forced blood test
A man in Austria is taking a case to the Constitutional Court that challenges the forcible testing of blood for HIV (as well as for use in phylogenetic analysis) that was legalised on 1 January 2012 through an amendment of the Criminal Procedure Code by the Prevention of Terrorism Act 2011. He (...)
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Important new research project on HIV criminalisation and law reform in Nordic countries by Prof. Matthew Weait
Following on from yesterday's post on advocacy efforts underway in Sweden, other Nordic countries and Switzerland, my friend and colleague, Matthew Weait, Professor of Law and Policy at Birkbeck College, University of London is about to undertake an important new research study in Denmark, (...)
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Sweden: Campaign to change draconian, punitive policies for PLHIV aiming for Government review
In Sweden, the Communicable Diseases Act requires people with diagnosed HIV to disclose in any situation where someone might be placed at risk and to also practise safer sex (which, in Sweden, means using condoms - the impact of treatment on viral load and infectiousness is not yet considered (...)
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'HIV is not a crime' by Sean Strub
Regular readers may be familiar with the case of Nick Rhoades from Iowa, who was arrested, prosecuted and sentenced to 25 years in prison because he didn't disclose he was HIV-positive during a one-night stand with another man, despite using condoms and having an undetectable viral load. (...)
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Canada: Urgent - support the call for prosecutorial guidelines in Ontario
Canada is facing its most critical point in the history of criminalisation of HIV non-disclosure since the Supreme Court's 1998 Cuerrier decision which found that not disclosing a known HIV-positive status prior to sex that poses a "significant risk" of HIV transmission negates the other (...)
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Tell your story - how are you impacted by HIV criminalisation?
Understanding the unintended impacts of the criminalisation of HIV exposure or transmission – way beyond the relatively few individuals who are accused, arrested and/or prosecuted – can play a crucial part in advocating against such laws and prosecutions. Over the next few months, there are going (...)
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UK: The return of the "HIV Monster"
The British tabloid press had a field day yesterday following the sentencing of Nkosinati Mabanda, 44, at Wolverhampton Crown Court for 'reckless' HIV transmission. He received a four year prison sentence; was also given an anti-social behaviour order (ASBO) ordering him not to have sex without (...)
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