A brief history of aids and the criminalization of knowingly transmitting the virus

The virus was discoverd independently in France in and in the United States in In the United States, it was initially identified in Ina second virus, now called HIV-2, was also discovered in Africa. From sexual contact without protection, from the mixing of ones blood with infected blood, and from an infected pregnant woman to her fetus.

A brief history of aids and the criminalization of knowingly transmitting the virus

This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. Germany inconsistently tested plasma products between andas did Japan in and There were criminal investigations and prosecutions of those persons found to be responsible for these delays see Weinberg et al.

At least 20 countries now have plans in place to compensate some classes of individuals, e. Legal situation[ edit ] In many English-speaking countries and in most of the states who have signed the European Convention of Human Rights[2] knowingly infecting others with HIV can lead to criminal prosecution.

One such case is that of Thomas Guerraan American landscape architect, who became the first person in the state of California to be convicted for intentionally infecting another individual with HIV.

Criminalization of Knowlingly Transmitting AIDS

In court, prosecutors presented 11, text messages and 36 audio clips to support their case against Guerra. Since then, Guerra has been accused of intentionally exposing dozens of other men to HIV.

Under section 79 3 it is a defence, if the court is satisfied, that the defendant took reasonable precautions to prevent the transmission.

If talking about the problems of practising safe sex does not help, the doctor may obtain a Public Health Order to manage the behaviour of the HIV positive person. In NSW the relevant offences are separated into those done intentionally Section 33 of the Crimes Act[9] and those done recklessly Section The definition of grievous bodily harm GBH [10] now[ when?

Under section 33 a person who intends to inflect grievous bodily harm on another person can be imprisoned for up to 25 years while under section 35 a person who recklessly causes another person grievous bodily harm can be imprisoned for up to 10 years and 14 years if in company.

This can include causing someone to be infected with HIV. A person is generally deemed as reckless when they are aware that there is a risk that another person may be caused GBH as a result of their actions, but they proceed to act anyway.

Mabior, SCC 47 reflects the Supreme Court of Canada's most recent decision outlining criminal liability for serostatus nondisclosure.

After being diagnosed with HIV inClato Mabior underwent aggressive antiretroviral therapy and was adhering to treatment at the time of pursuing sexual relations with multiple partners between Despite intermittent condom use, HIV was never transmitted to his partners.

Criminalization Of Knowlingly Transmitting Aids Essays

Ultimately, the Court convicted Mabior with six counts of aggravated sexual assault. The Mabior ruling comes fourteen years after R. The Supreme Court of Canada found that the trial judge had misdirected himself and ordered a new trial on two counts of aggravated assault but, in Maythe Attorney-General for British Columbia announced that a new persons trial would not take place.

Thus, because the Canadian legislature has declined to criminalize the transmission of HIV, the judiciary must address the issues as and when they arise. Subsequent legal precedent [12] has established that failure to disclose HIV-positive status, combined with failure to utilize protective measures condom useis sufficiently fraudulent behaviour to constitute turning "consensual" sex into aggravated sexual assault, since the other party has been denied the information necessary to give properly informed consent.

The Court's vague justification for serostatus disclosure under circumstances that lead to "significant risk of bodily harm" remained a particularly contentious issue in the aftermath of Cuerrier.

Because Cuerrier did not expressly define "significant risk", lower courts inconsistently criminalized HIV-positive defendants based on varied interpretations of the clause.

A brief history of aids and the criminalization of knowingly transmitting the virus

In large part, Mabior represents a response to Cuerrier and an attempt to sharpen the criteria. He asked whether there is a legal obligation to disclose HIV status.

He held up the case of Johnson Azigawho was diagnosed in but then allegedly had unprotected sex with at least 13 women. Aziga was charged with two counts of murder and 11 counts of aggravated sexual assault; the prosecution claims that he did not disclose his status.

On 4 AprilAziga was found guilty of the two counts of first degree murder as well as the lesser counts.Criminalization of potential HIV exposure is largely a matter of state law, although some federal legislation addresses criminalization in discrete areas, such as blood donation.

The National HIV/AIDS Strategy, released by the White House in July , provides some guidance regarding the issue of criminalization, noting that in some instances.

Reasons for the Criminalization of Knowingly Transmitting AIDS There are not many reasons for the criminalization of knowingly transmitting AIDS. However, they are very convincing arguments. The first and one of the most convincing arguments is because it will help stop the propogation of the virus.

AIDS as a cultural and personal identity marker and the criminalization of non-disclosure as a reductionist approach to public health management. 14 Criminalizing non-disclosure re-emphasizes the stigma associated with.

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Criminal transmission of HIV is the intentional or reckless infection of a person with the human immunodeficiency virus (HIV). This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the cases of spitting and biting, does not include a realistic.

Brief History of AIDS and the Criminalization of Knowingly Transmitting It Acquired Immune Deficiency Syndrome (AIDS) is caused by the Human Immunodeficiency Virus (HIV). The virus was discoverd independently in .

Criminalization of Knowlingly Transmitting AIDS Uploaded by Admin on Jan 22, Brief History of AIDS and the Criminalization of Knowingly Transmitting It Acquired Immune Deficiency Syndrome (AIDS) is caused by the Human Immunodeficiency Virus (HIV).

Criminal transmission of HIV - Wikipedia