Marseille 2007
Marseille 2007
Abstract book
Go Back

Abstract #208  -  Unintended impacts of prosecutions for HIV transmission in England & Wales
Session:
  47.1: Ethics and Law (Parallel) on Wednesday @ 08.30-10.30 in Auditorium/Overflow Chaired by Susan Newcomer, Anjali Nayyar
Authors:
  Presenting Author:   Ms Lisa Power - Terrence Higgins Trust, United Kingdom
 
  Additional Authors:   
Method / Issue:
Since 2003 an increasing number of investigations and prosecutions have ensued. Competing claims for positive and negative impacts of this policy have been made, with little evidence.
 
Results / Comments:
THT, the UK's largest HIV service charity, reports major incidents of this kind (currently 28 since June 2005) centrally. Analysis shows whether various predictions of impact were correct. Although this data is country-specific, it highlights patterns and behaviours relevant to other jurisdictions. Since THT supports (separately) both complainants and defendants, and also advises police and lawyers, this provides experience from all sides of cases.
 
Discussion:
A number of features of referred cases suggest unintended negative impacts. These include: Inappropriate pursual of cases which are not offences under current legislation. This has led to widespread agreement that training is needed. Cases disproportionately feature African men defendants, leading to widespread concerns about institutional racism and racist media coverage impacting upon migration politics. The Crown Prosecution Service have agreed to undertake an Equalities Impact Assessment. Fishing expeditions by police for potential complainants or behaviour which might lead to transmission, upon learning that someone in contact with them for unrelated reasons is HIV positive. Increased mistrust in approaching the police on any matter have been expressed by PWHIV. Threats of blackmail by sexual partners following consensual unprotected sex. One gay man told THT I thought gay blackmail went out with the 1967 Act legalising homosexuality. Clearly not. Public identification of those convicted, in two cases involving families with young children, to media sources alongside police and prosecution briefings using pejorative and inaccurate information. This has also led to identification of plaintiffs despite their being given formal anonymity. Use of scientific (philogenetic) evidence by prosecutors as proof of guilt has been shown to be faulty, leading to a loss of faith in the justice system by some PWHIV. Criminal prosecutions take up an increasing proportion of overall media coverage of HIV, using stigmatising language and poorly-informed assertions about risk and the consequences of transmission. Researchers report widespread fears amongst people with HIV about increasing stigma related to these cases. Because each case requires evidence from HIV clinicians involving disclosure of material previously presumed confidential, trust in clinic staff is being questioned, which could have deleterious effects upon public and personal health. Because disclosure of status after sex risks a police investigation, some people with HIV are failing to disclose and advise their partner to seek PEP when a condom has broken, or when there has been miscommunication about HIV status which has subsequently emerged.
 
Go Back

  Disclaimer   |   T's & C's   |   Copyright Notice    www.AIDSImpact.com www.AIDSImpact.com