- Criminal transmission of HIV
In many countries, the intentional or reckless infection of a person with the human immunodeficiency virus (HIV) is considered to be a crime. This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the cases of spitting and biting, does not even include a realistic means of transmission. People who do so can be charged with criminal transmission of HIV, murder, manslaughter, attempted murder, or assault. Some states have enacted laws expressly to criminalize HIV transmission (or HIV exposure), as in the United States, while others charge under the existing laws, as in the United Kingdom.
- 1 Modes of transmission
- 2 Blood donation
- 3 The legal, political and social problems
- 4 Legal events in connection with criminal-transmission events
- 5 See also
- 6 References
- 7 Further reading
- 8 External links
Modes of transmission
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)
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.
The initial stages of HIV-positive are asymptomatic for periods usually exceeding one year. A person who engages in sexual activity or donates blood during this time may therefore have no reasonable basis upon which to suspect that he or she is transmitting a virus. The American Civil Liberties Union and other national groups have expressed concern that many newly drafted laws are too vague because they may criminalize individuals by virtue of their membership of a higher risk class of person, e.g. known drug users, the sexually promiscuous, etc. which will simply encourage prejudice and discrimination against the groups identified.
Moreover, most countries only criminalize HIV exposure or transmission if a person has been tested for HIV, and knows their positive test results. Because knowledge of status is a requirement for prosecution, criminal laws may act as a disincentive to testing, especially among the most high risk communities.
The offense would therefore have to be based on the exposure of others to risk or endangerment. This may place a legal duty of routine medical testing or of medical testing for cause, followed by a duty of disclosure on those who have actual or imputed knowledge of their condition, but ignores the social reality that the stigma associated with HIV may make disclosure difficult, e.g. loss of marriage and employment through prejudice and discrimination, or dangerous in communities where violence against HIV-positive people is common. After all, there is no confidentiality agreement in the bedroom and prosecutions may be initiated out of revenge.
The problems may be particularly acute in marriages and more permanent relationships where disclosure is an admission of sexual infidelity, rape or IV drug use. Seeking a less obvious route such as suddenly suggesting the use of a condom may be difficult without explanation of the implications to the other partner.
The political issues are many:
- Although the other STDs are not fatal, infection can have severe consequences. Legislatures therefore need to justify why HIV should be treated differently from, say, infection with gonorrhea.
- There may be human rights, civil rights and constitutional issues of privacy to consider.
- Whether medical screening would need to be made compulsory; if so, with what degree of regularity; how would such compulsory testing possibly be enforced across all populations in all circumstances; and what should the testing centers do with the information thus obtained. (For example, all women could be tested as a part of their pregnancy management regime; in this context, note that some life insurance companies already require disclosure of HIV-relevant information as a precondition of the validity of the policies issued.)
- If reckless transmission is criminalized and there are many high-profile prosecutions, those who might be infected may be deterred from testing so that they spare themselves actual knowledge of their positive status; such a phenomenon on a wide scale could have serious public health implications.
- The legislation might have to amend existing laws on medical confidentiality so that doctors, nurses, and other health workers can trace those possibly exposed to the virus. But if their knowledge could be compelled testimony in any subsequent criminal trial, this might deter those infected from making any, or any complete, disclosure of their sexual or other activities which, again, could have serious public health implications.
Ruth Lowbury, executive director of the Medical Foundation for AIDS and Sexual Health in London (UK) and George R. Kinghorn, clinical director for communicable diseases at Royal Hallamshire Hospital in Sheffield (UK), argue that for the above and related reasons (such as the potential risks of prosecution of HIV/AIDS affected people) may dissuade them from warning present or ex-partners about, "criminal prosecutions for HIV transmission threaten public health".
Lowbury and Kinghorn are sceptical of the preventive role of prosecution for reducing the infection rate and recommend that research be carried out to determine whether the net effect of prosecution is to decrease or increase the growth rate of the epidemic. They conclude their report stating that "in the case of criminal prosecution for reckless transmission of HIV, the public interest is not best served by pursuing justice against the few at the expense of the health of the many." The same argument has been made by a number of lawyers, policy makers and sociologists in recent years. See an article by Dr Matthew Weait (Keele University) and Dr Yusef Azad (National AIDS Trust) here.
Legal events in connection with criminal-transmission events
In many English-speaking countries and in most of the states who have signed the European Convention of Human Rights, 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. In many developing countries such as Thailand where the HIV/AIDS pandemic is much more serious, laws are either weak or non-existent regarding criminalisation of intentional transmission.
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, who subsequently brought the case against her. She faces prison, but has 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." Benaissa has claimed she had been told by doctors that the risk of passing on the virus was "practically zero".source
In New South Wales a person with HIV must disclose their status to all sexual partners. In other states, there is no specific legislation to require disclosure and whether or not the law requires it is open to debate. Intentionally transmitting the virus is a crime in all states, either specifically, or because it meets the definition of a more general offense such as conduct endangering life (this varies from state to state).
The leading case is 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 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 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.
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.
Hamish Stewart, a University of Toronto law professor, says
- 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.
Several Canadian courts have 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 is automatically considered to be murder (instead of the lesser charge of manslaughter).
The first case of criminal HIV infection in Finland was that of Steven Thomas, 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.
Thomas was given a 14 year prison sentence at the Helsinki court on 10 July 1997 for 17 counts of attempted manslaughter. 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. The sentence was widely criticized 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 Eduskunta gave a warning to the court judge about his misuse of the law. 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.
Another Finnish man convicted of spreading HIV knowingly through having unprotected sex with many women without disclosing his HIV serostatus was Aki Matti Hakkarainen . He was born in 1983 in Southern Finland and has lived in Rovaniemi since 2002. He was also sentenced in 2005 to one year and nine months in prison for a similar crime. In August 2007, Hakkarainen was arrested by Rovaniemi police after being reported by a young woman who said she had contracted HIV from Hakkarainen during unprotected sex. On 5 October 2007, the police published the name and picture of Hakkarainen in newspapers in an effort to reach every women who had had sexual intercourse with Hakkaraien.
In court, Hakkarainen admitted that he was guilty of having unprotected sex with the women but denied trying to infect them with the virus. On 22 April 2008, the Rovaniemi court decided that Hakkarainen purposefully infected five women with HIV and in August 2008 Hakkarainen was found guilty of five counts of aggravated assault and 14 counts of attempted aggravated assault because he did not inform his sexual partners about his condition, he was sentenced to ten years imprisonment. He was also ordered to pay 45 000–55 000 euros compensation to the five women that contracted the virus.
New Zealands first case for criminal HIV transmission occurred in 1993, when a Kenyan man 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. The man, Peter Mwai, came to New Zealand police attention after a women reported she had contracted HIV after sleeping with him. Multiple women came forward saying they had unprotected sex with Peter 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 'grevious body harm' and 'reckless endangerment'.
A New Zealand District Court ruled on 6 October 2005 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.
Pending an investigation, a 40 year old bisexual man, is thought to have infected at least five younger gay men between 2008 and 2009. Revelations came after one of the young gay men laid a formal complaint to the New Zealand police. A popular website www.gaynz.com approached the man regarding his practices. Sex venues have also shut their doors to what is being called a 'HIV predator'. On 28 May 2009 police arrested the 40 year old man accused of infecting three men with the virus and attempting to infect a fourth. The court on 16 June heard that two more people have come forward to lay formal complaints against the man, bringing the total so far to six. The eight new charges laid against the man include that he "with reckless disregard for the safety of others caused – or attempted to cause – grevious bodily harm to five males aged 17, 20, 24, 26, and 31, plus a female aged 19." He also now faces charges of "wilfully and without justification or excuse causing in a male aged 20 and a female aged 19 a disease, namely HIV."
The trial set for 2010 will not proceed as Glenn Mills, the Auckland man accused of knowingly exposing fourteen young people to HIV, has been found dead in his Mt Eden remand prison cell on 30 November 2009. Mills was due in court for a hearing regarding the progress of the case. In recent weeks he had made two unsuccessful applications to be released on bail. He has been on remand since the first of a series of charges were laid against him on 28 May 2009.
Infecting another individual with HIV is a felony.
- For a full discussion of the issues raised in sexual transmission, see Consent (criminal law)
Transmission generally, may fall under ss18, 20, 23, 24 or 47 Offences against the Person Act 1861. As of 19 June 2006, there have 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. Five were men accused of infecting female partners during sex (including Mohammed Dica, Kouassi Adaye, Feston Konzani, Paulo Matias, Sarah Jane Porter: three African men, two of whom were asylum seekers and one a refugee, and a migrant from Portugal), one of a man who pleaded guilty to infecting a male partner, and one (in Wales) of a woman who pleaded guilty to infecting a male partner. Sarah Jane Porter infected sentenced to 32 months after admitting recklessly inflicting GBH on her 31-year-old lover.
In the case of Adaye, the defendant had never received a diagnosis of being HIV-positive, but he was charged on the basis that a GP had told him he was at high risk of having HIV.
In only two of the cases was there a 'not guilty' plea, and both have gone to appeal. In R. v Dica, 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. 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. A critical discussion of the Dica case by Matthew Weait can be found here.
In R. v Konzani, the same court held that a person accused of recklessly transmitting HIV could only raise the defense of consent, including an honest belief in consent, in cases where that consent was a "willing" or "conscious" consent. 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. A critical discussion of the Konzani case can be found here.
As of June 2006, two women have been convicted for passing on an HIV infection in the UK. The first, from Cardiff, was jailed for 2 years; 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.
An important issue that arises where proof of transmission is required, is establishing the source of the complainant's HIV infection. 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. For an account of the issues and problems surrounding phylogenetic analysis in criminal investigation see aidsmap's National AIDS Manual and National AIDS Trust briefing paper.
A number of presentations from the Economic and Social Research Council funded seminar series HIV/AIDS and Law: Theory, Practice and Policy (Keele University) deal with the question of criminalization. They may be found here.
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. Two other prosecutions have been brought, but have been halted because one accused (Christopher Walker) was found to be mentally incapable of standing trial and the other accused is currently in Italy pending extradition.
Thirty-four states have prosecuted HIV positive individuals for not disclosing HIV status and exposing another person to the HIV virus. A person's intent to infect their partner while engaging in sexual intercourse and failure to disclose his or her status is committing a crime. A person donating HIV infected organs, tissues, and blood can be prosecuted for transmission of the virus. 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. These states have laws that prosecute individuals for criminal exposure of HIV: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Washington.
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 the Public Health Law Research program. The official National HIV/AIDS Strategy for the United States concluded that “the continued existence and enforcement of these types of laws [criminalizing 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.”
The administration strategy credits "The case against criminalization of HIV transmission", a piece by Burris and Edwin Cameron, a South African judge, in the Journal of the American Medical Association in 2008. They wrote “The use of criminal law to address HIV infection is inappropriate except in rare cases in which a person acts with conscious intent to transmit HIV and does so.”
Consistent with the White House HIV/AIDS Strategy, there has been a growing movement to fight criminalization and HIV-specific criminal laws. In the fall of 2010, The Positive Justice Project, a campaign of the Center for HIV Law and Policy, was launched to combat HIV-related stigma and discrimination against people with HIV by the United States criminal justice system. A day-long launch meeting, held in New York, included more than 40 participants from legal, government, grant-making and community service organizations. The Positive Justice Project has since released a comprehensive manual of HIV-specific laws and prosecutions in the 50 states, District of Columbia, U.S. Territories, Federal government, and military.
On 23 September 2011 Congresswoman 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. 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. It is the first piece of federal legislation to take on the issue of HIV criminalization, and provides incentives for states to reconsider laws and practices that target people with HIV for consensual sex and conduct that poses no real risk of HIV transmission.
- ^ CTR. FOR DISEASE CONTROL & PREVENTION, HIV Transmission: Can HIV be transmitted by being spit on by an HIV infected person?, (25 March 2010) http://www.cdc.gov/hiv/resources/qa/transmission.htm
- ^ CTR. FOR DISEASE CONTROL & PREVENTION, HIV Transmission: Can HIV be transmitted through a human bite?, (25 March 2010) http://www.cdc.gov/hiv/resources/qa/transmission.htm
- ^ 10 Reasons Why Criminalization of HIV Exposure or Transmission Harms Women, Athena Network, 2009 [available at: http://www.athenanetwork.org/index.php?id=39]
- ^ Lowbury, Ruth; George R Kinghorn. "HIV transmission as a crime". studentBMJ. http://www.studentbmj.com/issues/06/12/editorials/446.php. Retrieved 2007-01-10.
- ^ 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. http://www.gnpplus.net/criminalisation/index.shtml. Retrieved 2007-01-10.
- ^ "Asia-Pacific | German sparks Thai HIV scare". BBC News. 18 October 2004. http://news.bbc.co.uk/2/hi/asia-pacific/3751964.stm. Retrieved 17 October 2011.
- ^ http://www.aidslaw.ca/publications/interfaces/downloadFile.php?ref=28
- ^ "Ontario man found guilty in HIV murder trial". Canada: CBC. 2009-04-04. http://www.cbc.ca/canada/story/2009/04/04/aziga-verdict.html?ref=rss.
- ^ [dead link]
- ^ a b "Finnish media expose black HIV carrier" Knight-Ridder
- ^ Finland Jails American HIV Carrier Washington Post
- ^ Reuters[dead link]
- ^ "English Press Service". Highbeam.com. http://www.highbeam.com/doc/1P1-3698682.html. Retrieved 17 October 2011.
- ^ "Publishing photo of HIV man leads to discovery of yet another HIV-positive victim from years ago". HELSINGIN SANOMAT. http://www.hs.fi/english/article/Publishing+photo+of+HIV+man+leads+to+discovery+of+yet+another+HIV-positive+victim+from+years+ago/1135230934618. Retrieved 6 January 2011.
- ^ "HIV spreader public image – (in Finnish)". MTV3.fi. 5 October 2007. http://www.mtv3.fi/uutiset/kotimaa.shtml/arkistot/kotimaa/2007/10/567930. Retrieved 6 January 2011.
- ^ "Finn gets 10 years for infecting women with HIV". AP – Associated Press. 25 August 2008. http://www.aegis.org/news/ap/2008/AP080837.html. Retrieved 6 January 2011.
- ^ "Peter Mwai'". Crime.co.nz. http://www.crime.co.nz/c-files.aspx?ID=36.htm.
- ^ "discovering your former partner is hiv positive". IPPF. http://www.ippf.org/en/What-we-do/AIDS+and+HIV/Discovering+your+former+partner+is+HIV+positive.htm.
- ^ "HIV 'predator' may be bisexual". GayNZ.com. http://www.gaynz.com/articles/publish/2/article_7437.php.
- ^ "Sex venues shut doors to HIV 'predator'". GayNZ.com. http://www.gaynz.com/articles/publish/2/article_7450.php.
- ^ "Man in court accused of infecting men with HIV". The New Zealand Herald. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10575084.
- ^ "HIV accused Glenn Mills found dead in cell". GayNZ.com. http://www.gaynz.com/articles/publish/2/article_8242.php.
- ^ Woman jailed for giving lover HIV Monday, 19 June 2006 http://news.bbc.co.uk/2/hi/5094708.stm
- ^ "Criminal Transmission of HIV". Avert.org. http://www.avert.org/criminal-transmission.htm. Retrieved 17 October 2011.
- ^ "History of HIV & AIDS in the UK 1996 Onwards". Avert.org. http://www.avert.org/ukaids.htm. Retrieved 17 October 2011.
- ^ "Research Institute for Social Sciences – Keele University". Keele.ac.uk. 25 February 2011. http://www.keele.ac.uk/research/lpj/Law_HIV-AIDSProject/Pres_Papers.htm. Retrieved 17 October 2011.
- ^ "16-5-60.html". Legis.state.ga.us. http://www.legis.state.ga.us/legis/2003_04/gacode/16-5-60.html. Retrieved 17 October 2011.
- ^ http://www.aidslegal.com/LegalAssist/Criminal_Transmission.pdf
- ^ "Indiana Code 35-42-1". In.gov. 1 July 1989. http://www.in.gov/legislative/ic/code/title35/ar42/ch1.html. Retrieved 17 October 2011.
- ^ "Indiana Code 35-42-2". In.gov. http://www.in.gov/legislative/ic/code/title35/ar42/ch2.html. Retrieved 17 October 2011.
- ^ "Iowa Code 2003SUPPLEMENT: Section 709C.1". http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/709C/1.html. Retrieved 2010-07-18.
- ^ "Michigan Legislature – Section 333.5210". Legislature.mi.gov. 30 March 1989. http://www.legislature.mi.gov/(S(fkfegu45tnftpg3kpfjdkhe3))/mileg.aspx?page=GetObject&objectname=mcl-333-5210. Retrieved 17 October 2011.
- ^ "Section 191-677 Prohibited acts, criminal penalties". Moga.mo.gov. 28 August 2010. http://www.moga.mo.gov/statutes/c100-199/1910000677.htm. Retrieved 17 October 2011.
- ^ "50-18-112. Infected person not to expose another to sexually transmitted disease". Data.opi.mt.gov. http://data.opi.mt.gov/bills/mca/50/18/50-18-112.htm. Retrieved 17 October 2011.
- ^ Richardson, Lynda (25 September 1998). "Wave of Laws Aimed at People With H.I.V". The New York Times. http://www.nytimes.com/1998/09/25/nyregion/wave-of-laws-aimed-at-people-with-hiv.html?pagewanted=1.
- ^ "Lawriter – ORC – 2927.13 Selling or donating contaminated blood". Codes.ohio.gov. http://codes.ohio.gov/orc/2927.13. Retrieved 17 October 2011.
- ^ "Criminal Transmission of HIV". Avert.org. http://www.avert.org/criminal-transmission.htm. Retrieved 2010-07-18.
- ^ "Criminal Statutes on HIV Transmission, 2008". Statehealthfacts.org. http://www.statehealthfacts.org/comparetable.jsp?ind=569&cat=11. Retrieved 2010-07-18.
- ^ "Ending and Defending Against HIV Criminalization: State and Federal Laws and Prosecutions, Vol.1, CHLP's Positive Justice Project, First Edition, Fall 2010 | The Center for HIV Law and Policy". Hivlawandpolicy.org. http://www.hivlawandpolicy.org/resources/view/564. Retrieved 17 October 2011.
- ^ posted 2011-09-26 16:19:04 (26 September 2011). "Posts | The Center for HIV Law and Policy". Hivlawandpolicy.org. http://www.hivlawandpolicy.org/posts/view/113. Retrieved 17 October 2011.
- 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
- 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. Legal, financial, and public health consequences of HIV contamination of blood and blood products in the 1980s and 1990s. Ann Intern Med. 2002 Feb;136(4):312-9. PubMed ID: 11848729
- 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
Sexual ethics Human sexuality Child sexuality Sexual abuse Age of consent
Wikimedia Foundation. 2010.
Look at other dictionaries:
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 — Citation Act No. 32 of 2007 Enacted by Parliament of South Africa … Wikipedia
HIV/AIDS in the People's Republic of China — The HIV/AIDS pandemic scene in East Asia is largely dominated by China. Much of the current spread of the human immunodeficiency virus (HIV) in China has been through intravenous drug use and prostitution. In China, the number of affected by HIV… … Wikipedia
HIV — Classification and external resources Diagram of HIV … Wikipedia
HIV and AIDS misconceptions — The spread of HIV and AIDS has affected millions of people worldwide; According to the 2006 AIDS Epidemic Update , published by the UNAIDS/World Health Organization, there were an estimated 39.5 million people around the world living with HIV,… … Wikipedia
HIV-Antikörpertest — Acquired Immune Deficiency Syndrome, auch Acquired immunodeficiency syndrome (englisch für „erworbenes Immundefektsyndrom“), zumeist abgekürzt als AIDS oder Aids benannt, bezeichnet eine spezifische Kombination von Symptomen, die beim Menschen in … Deutsch Wikipedia
HIV-Infektion — Acquired Immune Deficiency Syndrome, auch Acquired immunodeficiency syndrome (englisch für „erworbenes Immundefektsyndrom“), zumeist abgekürzt als AIDS oder Aids benannt, bezeichnet eine spezifische Kombination von Symptomen, die beim Menschen in … Deutsch Wikipedia
HIV trial in Libya — The HIV trial in Libya (or 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… … Wikipedia
HIV test — Randall L. Tobias, former U.S. Global AIDS Coordinator, being publicly tested for HIV in Ethiopia in an effort to reduce the stigma of being tested. HIV tests are used to detect the presence of the human immunodeficiency virus (HIV), the virus … Wikipedia
List of HIV-positive people — Dynamic list This is a categorized, alphabetical list of people who are known to have been infected with the human immunodeficiency virus (HIV), the pathogen that causes AIDS, including those who have died.AIDS is now a pandemic. [cite journal… … Wikipedia
Section 63 of the Criminal Justice and Immigration Act 2008 — Violent pornography redirects here. For the System of a Down song, see Mezmerize (album). Sex and the law Social issues Age of consent · … Wikipedia