Criminal law out of step with science of HIV, advocates sayPublished on Monday, 23 June 2014 17:21
Canadian HIV-AIDS Legal Network, 78 per cent of cases have resulted in convictions.
Of those, 89 per cent led to jail time. In 1998, the Supreme Court of Canada ruled that everyone with HIV had to disclosetheir status to sex partners, or face the possibility of charges. “It’s a really unusual fit, if you think about it,” says University of Alberta law professor Peter Sankoff. “Most sexual assault is a crime of violence. This is one of the few situations where two parties consensually get together.” “There is complete agreement as to every aspect of the sexual activity that takes place. The only thing that’s not agreed to is that some aspect of information has not passed between the two parties.” In 2012, the court updated the ruling, saying people with HIV did not have to disclose as long as they used a condom and had a low level of the virus — or viral load.
But advocates argue the two requirements for non-disclosure are unjust. For instance, people with mental illness, addictions or disabilities may not be able to maintain their medication to keep their viral load down. Or they may not have the capacity to tell a sex partner they have the virus. Those in abusive relationships may not be safe to disclose. Yet anyone with HIV can be charged with aggravated sexual assault and face a maximum penalty of life in prison. “We don’t apply the criminal law to any other infection, condition or public health issue,” says Cooper. “HIV is quite unique that way, and I think it’s unfair.”
Source: Global News