Criminalization of HIV
non-disclosure in Canada

Risk of exposure

Cuerrier Case/ Legal Test

Government silence on what
to do with this type of issue

Judge made law

R. v. Ssenyonga

Fear of rejection, the reaction from their partner, being charged, leaving loved ones behind because of the charge

Could hold women diagnosed
with HIV in abusive relationships

R. v. D.C.

Thinking it is a deadly disease when the science has
evolved immensely. it is a manageable illness and actually difficult to transmit

1 in 2,000 and the transmission
rate drops by 95% with antiretroviral
medication

Most cases are convicted on no
evidence of actual transmission of the virus

Continued stigmas

R. v. Bear

The charge of Aggravated Sexual Assault
Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures, or endangers the life of the complainant.

The effects of the charge
People assume the worst in the prison
Treated differently because of the charge
Mother inmates think it was children who were assaulted and react as if it were their own kid

Deterrence from testing/treatment

People contract from others
and spread HIV unknowingly
until it's too late

Legal confusion

Mabior/D.C. Cases

More confusion with the new legal test

R. v J.T.C / R. v. Murphy

Convictions in Canada went to the
highest point

A skew in convictions of ASA when HIV convictions
are added opposed to when they are not included
in the statistics

The complainant would never have slept with the person had they known of the person's HIV status

Stigmas around what HIV is

Fear mongering from
the prosecution/ government

Media coverage

People have their faces and status outed
and plastered across all different news outlets

The people are called "dirty" and "Diseased"
Some physically assaulted and sometimes in
hospitals because of it