Legend
Source 1 - Expert Guest
Source 2 - Positive Women DOC
Source 3 - Precedent Cases
The Most Devastating Fact
R. v. Williams Case
A Calculated Risk
Effects
Causes
Criminalization of HIV
non-disclosure in Canada
Stigmas around what HIV is
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
Fear mongering from
the prosecution/ government
The complainant would never have slept with the person had they known of the person's HIV status
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
Legal confusion
Mabior/D.C. Cases
More confusion with the new legal test
R. v J.T.C / R. v. Murphy
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
Continued stigmas
R. v. Bear
Fear of rejection, the reaction from their partner, being charged, leaving loved ones behind because of the charge
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
Could hold women diagnosed
with HIV in abusive relationships
R. v. D.C.
Government silence on what
to do with this type of issue
Judge made law
R. v. Ssenyonga
Risk of exposure
Cuerrier Case/ Legal Test
