Overview
Saint Lucia specifically criminalises intentional and reckless HIV transmission in its Criminal Code.
Section 140 states that anyone who, knowing that they are living with HIV, intentionally or recklessly infects another person with HIV through sexual intercourse or any other means, commits an aggravated sexual assault and is liable for imprisonment of up to ten years.
This provision states that it is no defence for the accused to prove that the other person consented to the act, which means that disclosure is not a defence.
Nevertheless, the provision requires actual transmission to be proven; potential or perceived HIV exposure is not criminalised.
As well as the HIV-specific law, there are several provisions in the Criminal Code relating to the infliction of “harm” which are potentially relevant as the definition of harm under the interpretations in Section 6 includes any “disease”.
These provisions are found under Chapter 2, Part 1, “Offences Against the Person”, and carry various penalties.
There are no known cases of HIV criminalisation in Saint Lucia to date.
Laws
Criminal Code of Saint Lucia
Section 140. TRANSMISSION OF HIV
(1) A person who, knowing that he or she suffers from Acquired Immune Deficiency Syndrome commonly known as AIDS, intentionally or recklessly infects another person with the human-immuno deficiency virus known as HIV, whether through sexual intercourse or any other means by which the disease may be transmitted to another person commits an offence of aggravated sexual assault and is liable on conviction on indictment to imprisonment for 10 years.
(2) It is no defence for a person charged with an offence undersubsection (1), to prove that the act was committed with the consent of the other person.
HIV Justice Network's Positive Destinations
Visit the Saint Lucia 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.