Unit 3 – Hand Out 1 Reasons often given in favour of criminalization
Í Putting people in prison will stop them from knowingly spreading HIV and endangering the community.
Í Criminalising people for reckless
transmission will act as a deterrent and will make HIV positive people think twice before having unprotected sex.
Í Giving someone HIV is akin to murder. Í If you are HIV positive, it is your duty to use protection.
Reasons against criminalization
Í There is no evidence to suggest that
criminalising HIV transmission is an effective means to prevent the further spread of the virus or achieve criminal justice.
Í Criminalisation could do more
harm than good. The potential disincentive to testing, stigmatisation of HIV, misapplication of the law, prosecuting people unaware of their status, as well as other possible pitfalls mean criminalisation may be counterproductive.
Í HIV positive people can easily be divided Í Applying criminal law to HIV exposure into legal definitions of “guilty” (people who ‘bring HIV upon themselves’ and recklessly give it to others) and “innocent” (victims who were infected through no fault of their own, and would never put anyone else at risk).
or transmission undermines HIV prevention efforts.
Í Both partners have responsibilities within a relationship.
Í Criminalisation places blame on one
person instead of responsibility on two.
Í Criminalisation can impact more
negatively on women. Women are more likely to be prosecuted for transmission as they are more likely to know their status due to testing during pregnancy. In addition, women will be deterred from accessing HIV prevention, treatment, and care services, including HIV testing. It also does nothing to address the underlying reasons that women are more vulnerable to HIV and make put women at greater risk of violence.