Criminalization of HIV non-disclosure in Canada

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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