Criminal transmission of HIV
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 means of transmission.[1] Some countries or jurisdictions, including some areas of the U.S., have enacted laws expressly to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Others, including the United Kingdom, charge the accused under existing laws with such crimes as murder, manslaughter, attempted murder, or assault.
Modes of transmission
Medical research has identified the following situations in which HIV may be transmitted:
Sexual transmission where one person with an HIV infection engages in unprotected sexual intercourse with another, thus transferring the virus;
Blood donation and transfusions or other medical procedures involving biological material such as blood, tissue, organs, or semen from an infected donor; HIV has been transmitted through the organ transplantation of kidney, liver, heart, pancreas, bone, and skin, all of which are blood-containing organs or highly vascular tissues (but not through transplantation of bone without marrow, corneas, etc.), but this mode of transmission, along with blood transfusions, has become rare since the development of accurate HIV-testing procedures.
The use of unsterilized needles/syringes for medical, recreational drug use (including a range of drug paraphernalia), tattooing, body piercing, etc.;
Pregnancy and postnatal transmission (e.g., breast feeding)
Blood donation
France began testing blood products for HIV antibodies in June 1985, Canada in November 1985, and Switzerland in May 1986. Germany inconsistently tested plasma products between 1987 and 1993, as did Japan in 1985 and 1986. 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.g. hemophiliacs, infected by the transfusion of HIV-contaminated blood and blood products.
Legal situation
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.
In a 2004 survey of the latter group, the Global Network of People Living with HIV/AIDS found that at least one prosecution had occurred in about half of these countries, and that in Finland, Sweden and Slovakia, about 0.5% to 1% of all people reported to be living with HIV/AIDS had been prosecuted for alleged intentional or "negligent" transmission of HIV.[2] In many developing countries such as Thailand where the HIV/AIDS pandemic has been much more serious, laws regarding criminalisation of intentional transmission have been either weak or non-existent.[3]