HIV Criminalization in Latin America and the Caribbean: Advances and Challenges
The 2024 report by the Action Network for Justice for People Affected by HIV/AIDS (Action Network) documents legal cases in the region where individuals are penalized for conduct linked to their HIV status, even in the absence of evidence of transmission or intent to cause harm. The report also notes instances involving serious offenses such as sexual violence or pedophilia, which the Action Network unequivocally condemns.
HIV Criminalisation in the EU/EEA: a comparative 10 country report
In 2018-2019 the European HIV Legal Forum conducted a project on HIV-criminalization in 10 EU Member States (Austria, Czechia, Finland, Germany, Greece, Ireland, Italy, Portugal, Romania, and the United Kingdom). The project produced a comparative legal report based on legal survey launched in the 10 countries. One of the main findings of the project showed that regardless of scientific advance in understanding the risk of HIV infection, there is a gap between the scientific knowledge and the understanding of judges, prosecutors and police of the issue due to lack of trainings and national guidelines and media still plays an important but negative role in shaping the discussion around HIV-criminalisation thus sustaining and increasing the stigma against people living with HIV. The report also shows that HIV-criminalisation disproportionately affects key populations, women, people of colour, and the poor and homeless.
Investigation Guidance relating to the Criminal Transmission of HIV for police forces in England, Wales and Northern Ireland
Sets out how prosecutors should deal with cases where there is an allegation that the suspect/defendant has passed an infection to the complainant during the course of consensual sexual activity. States the criminality of this offending lies in the mens rea, so relevant offences will be difficult to prove to the requisite high standard, to satisfy the evidential stage of the Code test and in the court itself. Also warns of other sensitivities: the relationship between the criminal law and consensual sexual behaviour is delicate.