Criminal transmission of HIV
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Criminal the transmission of HIV is the intentional or reckless infection of a person with the human immunodeficiency virus (HIV). This is often conflated, in law and discussions, with criminal exposure to HIV, which does not necessitate the transmission of the virus and usually, as in the cases of spitting and biting, does not include a realistic means of transmission. Some countries or jurisdictions, including some regions of the U.S., have enacted laws specifically to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Other countries charge the accused under existing laws for crimes such as murder, manslaughter, attempted murder, assault, or fraud.
Criminal transmission of HIV is now commonly known as HIV non-disclosure, which is the criminal offense in some jurisdictions for failing to disclose an HIV-positive status. This can occur either intentionally or unknowingly, often resulting in exposure or transmission of HIV to another person. HIV non-disclosure encompasses intentional transmission, accidental transmission, unknowing transmission (where the source individual is unaware of their infection), and exposure to HIV without transmission. Individuals have been prosecuted for HIV non-disclosure even if no harm was intended and if HIV was not actually transmitted. Laws in some countries also criminalize mother-to-child transmission of HIV during pregnancy, childbirth, or breastfeeding.
Modes of transmission
HIV spreads when one of the following bodily fluids—blood, semen, pre-seminal fluid, breast milk, rectal fluids, or vaginal fluids—from an HIV-positive person comes into contact with the mucous membranes or bloodstream of an HIV-negative person. HIV transmission can occur via:
- Unprotected sexual intercourse
- Sharing needles or other equipment in injection drug use
- Intentionally attacking individuals with HIV-infected needles
- Mother-to-child transmission during pregnancy, childbirth, or breastfeeding
- Receiving a blood transfusion or organ donation—although this is unlikely as blood and organ donations are extensively tested for HIV
Reducing chance of transmission
Having a low viral load reduces the chance of transmitting HIV. A person living with HIV who is on effective antiretroviral therapy can achieve a viral load low enough to be classified as undetectable (less than 50 copies of the virus per milliliter). Undetectable viral loads equate to untransmittable HIV. Proper use of external condoms or internal condoms significantly decreases the risk of transmission. Correctly using PrEP (pre-exposure prophylaxis) can dramatically lower the chances of transmission for both sexual contact and intravenous drug users.
Legal situation
In many English-speaking countries and in most states that have ratified the European Convention of Human Rights, knowingly infecting others with HIV may lead to criminal prosecution. One illustrative case is that of Thomas Guerra, an American landscape architect, who became the first person in California to be convicted for intentionally infecting another individual with HIV. In court, prosecutors presented 11,000 text messages and 36 audio clips to support their case against Guerra. Since then, Guerra has been alleged to have intentionally exposed dozens of other men to HIV.
In a 2004 survey conducted by the Global Network of People Living with HIV/AIDS, it was found that at least one prosecution had taken place in about half of the surveyed countries. In Finland, Sweden, and Slovakia, approximately 0.5% to 1% of all individuals 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 has been particularly severe, laws regarding the criminalization of intentional transmission have been either weak or nonexistent.
From a global perspective, the U.S. and Canada account for most reported prosecutions.
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External links
- More information is available at [ Wikipedia:Criminal_transmission_of_HIV ]
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