Evidence that treating people with HIV early in infection prevents transmission to sexual partners has reframed HIV prevention paradigms. The resulting emphasis on HIV testing as part of prevention strategies has rekindled the debate as to whether laws that criminalise HIV transmission are counterproductive to the human rights-based public health response. It also raises normative questions about what constitutes ‘safe(r) sex’ if a person with HIV has undetectable viral load, which has significant implications for sexual practice and health promotion. This paper discusses a recent high-profile Australian case where HIV transmission or exposure has been prosecuted, and considers how the interpretation of law in these instances impacts on HIV prevention paradigms. In addition, we consider the implications of an evolving medical understanding of HIV transmission, and particularly the ability to determine infectiousness through viral load tests, for laws that relate to HIV exposure (as distinct from transmission) offences. We conclude that defensible laws must relate to appreciable risk. Given the evidence that the transmissibility of HIV is reduced to negligible level where viral load is suppressed, this needs to be recognised in the framing, implementation and enforcement of the law. In addition, normative concepts of ‘safe(r) sex’ need to be expanded to include sex that is ‘protected’ by means of the positive person being virally suppressed. In jurisdictions where use of a condom has previously mitigated the duty of the person with HIV to disclose to a partner, this might logically also apply to sex that is ‘protected’ by undetectable viral load.
Australia: Academic article explores the prevention impact of treatment on criminal 'exposure' laws and prosecutions
News curated from other sources

Canada: Canada’s broken promise on HIV criminalisation reform
HIV criminalization and the Canadian government’s failed law reform project: Another. Incredible. Disappointment. Surprise!
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US: North Dakota Governor signs into law House Bill 1217 to reform outdated HIV criminalisation laws
North Dakota decriminalises State HIV laws
March 28, 2025

Ukraine: Parliament approves bill removing HIV criminalisation article from criminal code
A separate article for HIV or other incurable infectious disease virus will be removed from the Criminal Code – the Verkhovna Rada has approved the changes
March 18, 2025

[Update] US: After years of effort, HIV decriminalisation bill heads to Governor’s desk
State lawmakers vote to decriminalize HIV in North Dakota
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Mexico: Activist calls for end to HIV criminalisation in Tlaxcala congress
Collective of the LGBTQI + community pronounces against the criminalization of HIV in Tlaxcala
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News by the HIV Justice Network


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