Expert consensus statement on the science of HIV in the context of criminal law

Barré-Sinoussi, Françoise and Abdool Karim, Salim S and Albert, Jan and Bekker, Linda-Gail and Beyrer, Chris and Cahn, Pedro and Calmy, Alexandra and Grinsztejn, Beatriz and Grulich, Andrew and Kamarulzaman, Adeeba and Kumarasamy, Nagalingeswaran and Loutfy, Mona R and El Filali, Kamal M and Mboup, Souleymane and Montaner, Julio SG and Munderi, Paula and Pokrovsky, Vadim and Vandamme, Anne-Mieke and Young, Benjamin and Godfrey-Faussett, Peter (2018) Expert consensus statement on the science of HIV in the context of criminal law. Journal of the International AIDS Society, 21 (7). e25161. ISSN 1758-2652, DOI

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Introduction: Globally, prosecutions for non-disclosure, exposure or transmission of HIV frequently relate to sexual activity, biting, or spitting. This includes instances in which no harm was intended, HIV transmission did not occur, and HIV transmission was extremely unlikely or not possible. This suggests prosecutions are not always guided by the best available scientific and medical evidence. Discussion: Twenty scientists from regions across the world developed this Expert Consensus Statement to address the use of HIV science by the criminal justice system. A detailed analysis of the best available scientific and medical research data on HIV transmission, treatment effectiveness and forensic phylogenetic evidence was performed and described so it may be better understood in criminal law contexts. Description of the possibility of HIV transmission was limited to acts most often at issue in criminal cases. The possibility of HIV transmission during a single, specific act was positioned along a continuum of risk, noting that the possibility of HIV transmission varies according to a range of intersecting factors including viral load, condom use, and other risk reduction practices. Current evidence suggests the possibility of HIV transmission during a single episode of sex, biting or spitting ranges from no possibility to low possibility. Further research considered the positive health impact of modern antiretroviral therapies that have improved the life expectancy of most people living with HIV to a point similar to their HIV-negative counterparts, transforming HIV infection into a chronic, manageable health condition. Lastly, consideration of the use of scientific evidence in court found that phylogenetic analysis alone cannot prove beyond reasonable doubt that one person infected another although it can be used to exonerate a defendant. Conclusions: The application of up-to-date scientific evidence in criminal cases has the potential to limit unjust prosecutions and convictions. The authors recommend that caution be exercised when considering prosecution, and encourage governments and those working in legal and judicial systems to pay close attention to the significant advances in HIV science that have occurred over the last three decades to ensure current scientific knowledge informs application of the law in cases related to HIV.

Item Type: Article
Funders: International AIDS Society (IAS), International Association of Providers of AIDS Care (IAPAC), Robert Carr Fund for Civil Society Networks, UNAIDS
Uncontrolled Keywords: criminal law; criminalization; human rights; law and policy; policy; prosecution; risk factors
Subjects: R Medicine
Divisions: Faculty of Medicine
Depositing User: Ms. Juhaida Abd Rahim
Date Deposited: 13 Sep 2019 07:16
Last Modified: 13 Sep 2019 07:16

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