Criminalisation of HIV transmission: implications for public health in Scotland
Article analysing of the first case of HIV transmission in the UK. The authors conclude that far from protecting the public, the judgment has endorsed abrogation of individual responsibility in sexual partnerships by asserting a legal duty of disclosure on the infected partner. It is likely to undermine uptake of HIV testing and risks a one third increase in new HIV infections in Scotland. It also underlines the need for research scientists to anticipate that potentially incriminating results, even in unlabelled studies, may be followed up by forensic requests from individual study participants or by police warrant and recommends an urgent review by the Scottish Executive to minimise the negative effects on public health and molecular science.