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Criminal HIV Transmission
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Greece: Matthew Weait on the moral panic over the mass arrest of female sex workers with HIV
Matthew Weait, Professor of Law and Policy at Birkbeck College, University of London guest blogs on Wednesday's arrest of 17 HIV-positive women who allegedly worked illegally as sex workers. Greek authorities are accusing them of intentionally causing serious bodily harm. The arrest in (...)
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Scotland: New guidance on prosecutions clarifies law, recognises treatment's impact on infectiousness
On May 1st, the Crown Office and Procurator Fiscal Service (COPFS) published their Guidance for Scotland on 'Intentional or Reckless Sexual Transmission, or Exposure to, Infection'. According to COPFS, the policy aims to "provide guidance to prosecutors but also provide clarity and consistency (...)
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Norway: First gay man to be prosecuted goes public, makes a real difference (corrected)
Correction: Louis Gay tells me that he is not the first gay man to be prosecuted in Norway. I am the first one to be prosecuted for practicing "safer sex" (oral sex, only. with no condom and no contact with sperm or precum), without transmitting any virus!Original post: Yesterday, Bent Høie (...)
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US: Positive Justice Project Watching NY Court of Appeals on “Deadly Saliva” Case
Today, the New York Court of Appeals will hear the case of David Plunkett who was convicted for aggravated assault after allegedly biting a police officer during his 2006 arrest. The case rests on whether the saliva of someone with HIV can be considered a “dangerous instrument” under the law. (...)
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Sweden: Latest HIV non-disclosure prosecution highlights why Sweden's "nanny state" is getting it so wrong
Last week a 31-year-old woman, previously found guilty of attempted aggravated assault for having unprotected sex with her male partner without disclosing her HIV-positive status, was sentenced by the Falun District Court to 18 months in prison. The man has not tested HIV-positive. An (...)
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Norway: Prof. Matthew Weait delivers stirring clarion call to recognise harm of HIV criminalisation
Yesterday Professor Matthew Weait, Professor of Law and Policy at Birkbeck College, University of London delivered a stirring lecture to the public health professionals involved in implementing Norway's HIV strategy. As Norway is currently reconsidering its criminal code as it relates to HIV (...)
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Sweden: Gay doctor convicted of HIV exposure has sentenced reduced (update)
Update: 10th April 2012 An HIV-positive doctor who was previously convicted for 'reckless endangerment' for having had unprotected sex (see below) has had his sentence reduced by the Stockholm Court of Appeal, according to a brief report at DN.se. Originally convicted to ten months imprisonment (...)
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Finland: Kenyan-born former 'erotic dancer' sentenced to 4 1/2 years for HIV exposure
Update: 15 December 2011 The Court of Appeal decided that she was not guilty of attempted aggravated assault but only endangerment with a resulting lower sentence – the maximum two years imprisonment. According to my sources in Finland who have seen the 2-page decision, the main points are (...)
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New Zealand: Court of Appeal rules HIV non-disclosure is sexual assault
Update(s): 12/13th March 2012 The New Zealand Court of Appeal has ruled that otherwise consensual unprotected sex without disclosure of known HIV-positive vitiates consent, meaning that potential HIV exposure (non-disclosure without transmission) could well be upgraded from criminal nuisance to (...)
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Switzerland: New Law on Epidemics only criminalising intentional transmission passed in lower house
In a remarkable turns of events in the Swiss Federal Assembly's National Council (lower house) yesterday, the new, revised Law on Epidemics was passed with a last minute amendment by Green MP Alec von Graffenried that only criminalises the intentional spread of a communicable disease. The (...)