1. The New AIDS Denialism
How criminal courts' dismissal of modern science perpetuates HIV stigma, discrimination and criminalisation

2. Conflict of interest None

3. What is HIV criminalisation?
Prosecution for:
Not disclosing HIV+ status before sex
Perceived exposure
Transmission
Acknowledge intersectionalities

4. We know people living with HIV are used to having their bodies policed
travel
apply for residence
mandatory testing related to employment
access health care
health insurance or life insurance
                                                                                                           

6. HIV-specific laws 100 jurisdictions in 73 countries
From October 2015 to June 2018
Two new HIV-specific criminal laws were enacted (Bahrain & El Salvador) and two were proposed (Chile and Nepal)
Nine applied their HIV-specific criminal laws for the first time: Honduras, Kenya, Kazakhstan, Kyrgyzstan, Nigeria, Paraguay, Somalia, Tajikistan and Uzbekistan

7. Issues associated with HIV-specific laws
Stigmatising
Often don’t reflect current science
Intention/risk may be irrelevant, e.g. obligation to disclose
Often ‘misnamed’, implying intent
Usually attribute ‘intent’ when there is none …… an intention to have sex is not the same as an intention/ desire to transmit HIV

8. Use of non-HIV specific laws
Many countries use more general criminal laws
From October 2015 to June 2018
Nine jurisdictions applied general criminal laws for the first time: Chile, Iceland, Ireland, Israel, Malawi, Nigeria (Zamfara state), Suriname and United Kingdom (Northern Ireland)
Consequences can be harsher, including longer sentences and sex offender registration

9. At least 115 jurisdictions in 76 countries

10. The majority of reported cases: October ‘15 – June’18
US (143) - Florida (26), Ohio (18) and Tennessee (18)
Belarus (128)
Russia (126)
Ukraine (29)
Canada (22)
Zimbabwe (15)
Highest per capita:
Belarus (8.5 per 1000)
Czech Republic (3.3 per 1000)

12. What else does the data show?
Demographics don’t reflect the epidemic
Marginalised populations are over-represented … those already under scrutiny
Issue of mass arrests
What data doesn’t show
How prosecutions perpetuates stigma through media coverage
Large number of cases initiated by ex-partners

13. “As long as there are laws to prosecute people who deliberately infect others”

14. Prosecutions Worldwide … Old News
Most cases involve an HIV positive person having sex without disclosing their HIV status and some involve spitting or biting.
Many cases involve:
Possible or perceived exposure only (no transmission)
No or negligible risk, e.g. spitting, undetectable viral load or condom used during sex

15. Recent cases
Incarceration and sex offender registration for consensual sex with lvl
Denial of an appeal against a 30-year sentence for consensual sex with a condom & lvl

16. What are people prosecuted for?
Interim Results - Interim Results - Interim Results - Interim Results
N = 193
104
Vaginal Sex 43
Anal Sex 9
Oral Sex 16
Biting 17
Spitting 4
Other – Scratching, Bleeding, Urine

17. Low viral load (treatment not mentioned)
Interim Results - Interim Results - Interim Results - Interim Results N = 193 4
Condom used 16
On treatment 6
Low viral load (treatment not mentioned)
8 (9)
Oral Sex
Biting
16 (17)
Spitting
Other – Scratching, Bleeding, Urine

18. Consequences
Interim Results - Interim Results - Interim Results - Interim Results
More than half jailed – up to 30 years
People held without bail – then found not guilty
Possibly 2 or 3 during that period involved intention to transmit … although press and courts frequently referred to ‘intention’ in other cases
Intention to have sex is not the same as intention to transmit HIV

19. Expert Consensus Statement on the Science of HIV in the Context of Criminal Law
Global panel of leading scientists
support of IAPAC, IAS and UNAIDS
consultation with HIV JUSTICE WORLDWIDE
Aimed at expert witnesses, but helpful for police, prosecutors, lawyers, judges, lawmakers & advocates
Available Wednesday 25 July at 3.15pm (JIAS)

20. HIV-related prosecutions
reinforce a narrative of incredulity that a person didn’t disclose their HIV status before sex
subvert public health strategy
undermine the human rights of people living with HIV, particularly those already marginalised or criminalised

21. Science won’t fix HIV criminalisation but it will reduce prosecutions
Science won’t fix HIV criminalisation but it will reduce prosecutions * We must ensure those not on treatment are not further marginalised

22. You are the litmus test.