Bahamas

Last reviewed 01 June 2017

Country overview

Specific law enacted

Yes

Specific law detail

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecution count

0

Conviction count

0

Discussion

Section 8. Prostitution and disclosure of AIDS

 (2) Any person who knows that he is infected with a virus causing, or known to cause, acquired immune deficiency syndrome (commonly known as "AIDS")  and who has sexual intercourse with any other person, with the consent of that other person but without disclosing the fact of the infection to that other person, is guilty of an offence and liable to be detained for a term of five years in such place and under such conditions as may be specified by the court before which he is convicted; and, while so detained, he shall be deemed to be in legal custody.

(3) It shall be a sufficient defence to any charge under subsection (2), if it is made to appear to the court before which the charge shall be brought that the person with whom the person so charged had sexual intercourse knew, or had reasonable cause to believe, before sexual connection was occasioned, that the person so charged was so infected.

Section 9. No person shall be convicted of an offence under section 7 or 8 (1) upon the evidence of one witness unless such evidence be corroborated in some material particular by evidence implicating the accused person.

From the information received, it appears that due to stigma, discrimination and fear, there is not much attention paid to the issue.
Disclosure of HIV infection remains problematic.

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecutions

Number of prosecutions 0

Convictions

Number of convictions 0

Laws

Applicable laws

Sexual Offences and Domestic Violence Act 1991

Applicable key wording

Section 8 disclosure of AIDS

Discussion

Section 8. Prostitution and disclosure of AIDS

 (2) Any person who knows that he is infected with a virus causing, or known to cause, acquired immune deficiency syndrome (commonly known as "AIDS")  and who has sexual intercourse with any other person, with the consent of that other person but without disclosing the fact of the infection to that other person, is guilty of an offence and liable to be detained for a term of five years in such place and under such conditions as may be specified by the court before which he is convicted; and, while so detained, he shall be deemed to be in legal custody.

(3) It shall be a sufficient defence to any charge under subsection (2), if it is made to appear to the court before which the charge shall be brought that the person with whom the person so charged had sexual intercourse knew, or had reasonable cause to believe, before sexual connection was occasioned, that the person so charged was so infected.

Section 9. No person shall be convicted of an offence under section 7 or 8 (1) upon the evidence of one witness unless such evidence be corroborated in some material particular by evidence implicating the accused person.

From the information received, it appears that due to stigma, discrimination and fear, there is not much attention paid to the issue.
Disclosure of HIV infection remains problematic.

Cases

Overview

None

Last reviewed 01 June 2017

Overview

Entry laws

HIV/AIDS restrictions: The Bahamian Ministry of Health has recommended that persons who are HIV-positive not be admitted to The Bahamas. However, Bahamian Immigration does not routinely require testing for persons arriving for less than 30 days. Some HIV/AIDS entry restrictions exist for other visitors to and foreign residents of The Bahamas. Please verify this information with the Embassy of The Bahamas before you travel.

For updated information, please go to: www.hivrestrictions.org

Last reviewed 01 June 2017

Overview

Male-male relationships

Legal

Male-male marriage

Legal

Female-female relationships

Legal

Female-female marriage

Legal

Last reviewed 01 June 2017