Overview
The Criminal Code of Anguilla contains a limited HIV-specific provision.
Section 150 of the 2014 revised Criminal Code makes it an offence for any person who knows they have ‘an HIV virus’ to fail to disclose their status prior to sexual intercourse, however, this provision is only applicable to intercourse with minors between the age of 16 and 18. The offence carries a sentence of five years’ imprisonment.
The provision explicitly provides a defence where the minor knew or had reasonable cause to believe that the person was HIV-positive.
To date there have been no reported cases.
Laws
The Criminal Code - Section 150
Section 150. Failure to disclose HIV infection prior to sexual intercourse with person between 16 and 18 years of age
(1) Any person who knows that he is infected with an HIV virus and who has sexual intercourse with any minor of 16 years of age or over, with the consent of that minor but without disclosing the fact of the infection to that minor, is guilty of an offense and liable to imprisonment for 5 years.
(2) It shall be a sufficient defence to any charge under subsection (1), it is made to appear to the court before which the charge shall be brought that the minor with whom the person so charged had sexual intercourse knew, or had reasonable cause to believe that the person so charged was so infected
HIV Justice Network's Positive Destinations
Visit the Anguilla page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.