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Victoria moves to repeal HIV-specific law criminalising deliberate infection

Health advocates say the 1993 law, which makes it an offence to intentionally transmit HIV, is stigmatising and counterproductive to prevention efforts.

Published
14 April 2015
From
The Guardian
Germany: Aachen Court re-evaluates key ‘mens rea’ requirement in German law, rules HIV transmission without disclosure is negligent injury, not intentional harm

Last week, for the first time a German court ruled that HIV transmission without prior disclosure was negligent injury, rather than intentional harm.

Published
31 March 2015
From
HIV Justice Network
Brazil: HIV-specific criminal law introduced amid media frenzy and moral panic over ‘barebacking’ gay subculture

On April 2nd 2015, a simply worded amendment to Article 1 of Law No. 8072 of July 25, 1990 – covering ‘heinous crimes’ – will be presented to the Brazilian Parliament by the populist Congressman, Pompeo de Mattos.

Published
30 March 2015
From
HIV Justice Network
Kenya: Court nullifies section outlawing reckless spread of HIV

The High Court has declared unconstitutional a section of the HIV and Aids Prevention and Control Act that sought to criminalise reckless spreading of the disease.

Published
30 March 2015
From
Standard
Thai junta may pass law banning men who have sex with men from monkhood

The junta cabinet in Thailand has approved a bill on religion which can be used to prosecute, with jail terms, people who propagate ‘incorrect’ versions of Buddhist doctrines or cause harm to Buddhism. The bill also posts jail terms specifically for homosexual monks.

Published
11 March 2015
From
Prachatai. org
Should An HIV-Positive Body Be Considered a Deadly Weapon?

Terrance Williams's act was profoundly thoughtless, but was it malicious, and should it be considered a crime? And if so, what kind of crime? These questions have been the subject of New York court proceedings for nearly four years. The Williams case is, in a sense, a final vestige of the scariest, most dangerous age of AIDS, when the disease carried a powerful stigma, and an infected body was seen as a dangerous weapon.

Published
02 March 2015
From
Bloomberg
New York Court: Not Disclosing HIV Before Sex Is a Misdemeanor, Not a Felony

An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.

Published
23 February 2015
From
New York Times
We need to rethink the relationship between forensic science and the law

Despite what we see on television, forensic science is not always easy to understand or simple to convey to a jury, many of whom may not have studied science since they were in school. When a case fails in the courtroom, maybe because the scientist was inexperienced, or there were flaws in the science presented, it creates the potential for a miscarriage of justice – something to be avoided at all costs.

Published
21 February 2015
From
The Conversation
Botswana: ‘Willful transmission’ clause getting HIV+ persons jailed

Botswana Network on Ethics, Law and HIV/AIDS (BONELA) Law Advisor Keikantse Phele says HIV positive people are at more risk of being judged unfairly in the courts of law as they have been observing a rising number of cases related to willful infection of sexual partners with HIV.

Published
04 February 2015
From
Botswana Gazette
Military justice?

An extraordinary example of HIV criminalization gone awry in the States. Bob Leahy talks to Lt. Colonel Ken Pinkela, court martialed and sentenced to a jail term for allegedly exposing another officer to HIV, when no sexual contact occurred, says Pinkela.

Published
27 January 2015
From
Positive Lite
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