Criminalizing Contagion: Legal and Ethical Challenges of Disease Transmission and The Criminal Law Summary of Key Findings and Outputs (Nov 2014)
This seminar series1 addressed a series of questions and brought together experts from a range of disciplines to answer them. This document summarises the arguments of each of the papers presented over the course of this seminar series, gives details of outputs connected to it, and also provides information on how and by whom we anticipate findings being used.
When Saliva Is a Crime: Reforming Mississippi’s HIV Criminalization Law Utilizing the Center for Disease Control and Criminalization Law Utilizing the Center for Disease Control and Prevention’s Policy Analytical Framework
In this study, Mississippi’s existing policy was identified using the Center for Disease Control and Prevention’s Policy Analytical Framework, and three possible policy options were analyzed and scored based on public health impact, feasibility, and economic and budgetary impact. Results of this analysis strongly indicate that Mississippi Code ANN. § 97-27-14 should be amended to be scientifically accurate and include a criminalization clause based on the National HIV/AIDS Strategy for the United States goals and the United States Department of Justice Civil Rights Division best practices.
Bareback Sex in the Age of Preventative Medication: Rethinking the ‘Harms’ of HIV Transmission
This article provides a re-examination of the criminal issues relating to HIV transmission within the new landscape of advances in medical science and availability of PrEP and PEP, arguing that it necessitates a shift in attitude, policy and doctrine. It specifically argue that HIV transmission does not meet the appropriate harm threshold to constitute GBH and that if criminal law is ultimately about preventing or regulating harm, the ongoing criminalisation of HIV transmission is counter to that aim.