News

USA: HIV-positive man fights charge that saliva was deadly
Wednesday, April 25, 2012 - 00:00 | 2012 | USA

(Reuters) - A gay-rights group is urging New York state's high court to overturn the conviction of an HIV-positive man whose saliva was found to be a "dangerous instrument" in a biting case.

David Plunkett was sentenced in 2007 to 10 years in prison for aggravated assault, a felony that requires the use of a "dangerous instrument."

Plunkett argued unsuccessfully the charge could not be sustained because HIV cannot be transmitted through saliva. The Court of Appeals, New York's top court, will hear Plunkett's case on Thursday.

Is Criminalization of HIV Transmission Effective? Swedish Case Reveals Why the Answer is No
Monday, April 23, 2012 - 00:00 | 2012 | Sweden

Earlier this month, a 31-year-old woman in Sweden was sentenced to one and a half years in prison for having unprotected sex without disclosing to her partner beforehand that she is living with HIV.

Even a perfunctory news search reveals that this is not the first time the Swedish justice system has applied criminal sanctions to potential HIV-transmission. In January, a 20-year-old man was sentenced to eight months in prison for having unprotected sex without disclosing his status. In December 2006, a 34-year-old woman got two months, and in January 2003, a 32-year-old woman one year. All of these sentences also required the person living with HIV to pay monetary damages to their former sex-partners.

For anyone who cares about human rights from a health and discrimination angle, these cases raise multiple red flags.

Experts endorse OSLO Declaration on HIV Criminalisation
Thursday, February 23, 2012 - 15:12 | 2012 | Global

Amsterdam 23/02/2012. Representatives from international civil society have released the Oslo Declaration on HIV Criminalisation. The declaration is an advocacy and policy statement against the overly-broad use of the criminal law to regulate and punish people living with HIV for behaviour that in any other circumstance would be considered lawful. The declaration was created and endorsed by twenty individuals and representatives of civil society from around the world with expert knowledge in health, scientific, social, ethical, political, human rights and judicial issues relating to HIV.

Statement on Austrian Laws Impacting PLHIV
Saturday, July 17, 2010 - 18:25 | 2010 | Austria

Local and international organizers for the XVIII International AIDS Conference (AIDS 2010) welcome delegates to the conference.  As delegates plan their stay in Vienna, this short statement provides an overview of some Austrian laws that impact on people living with HIV/AIDS (PLHIV):

HIV infection’s man’s jail sentence cut to eight years
Sunday, July 11, 2010 - 16:52 | 2010 | UK

A man jailed for 10 years after his pregnant girlfriend found out he had infected her with HIV has had his sentence cut.

Mark Devereaux, 42, who also had unprotected sex with other women, had known he had the virus for nine years.

His partner, who was pregnant with twins, chose to have them aborted after discovering she had HIV.

HIV tests for worried sex partners in New Zealand
Sunday, July 11, 2010 - 16:52 | 2010 | New Zealand

HIV testing and counselling is being offered by the Aids Foundation after the naming of a man who deliberately infected his wife with HIV.

A court lifted name suppression on Artwell Chakanyuka, 35, and police issued a photograph of him.

They said he had been sexually active in the Auckland area and women who had had sex with him should get in touch with them or health services.

Alarm over reckless HIV sex case
Sunday, July 11, 2010 - 16:52 | 2010 | UK

HIV groups in Scotland have demanded the "highest standards of proof" before a prosecution can be brought for reckless transmission of the virus.

Their call comes after Mark Devereaux was convicted of having unprotected sex with four different women without telling them about the risks involved.

Three of the women did not contract the virus from the 41-year-old.

HIV 'exposure' from bite forms basis for terrorism charge in US case
Sunday, July 11, 2010 - 16:51 | 2010 | USA

MOUNT CLEMENS — An HIV-positive Clinton Township man facing charges stemming from a fight with neighbors was arraigned in Macomb County Circuit Court on Monday, setting the stage for a potentially explosive case where prosecutors are for the first time linking laws designed to stop acts of terrorism to an individual’s HIV infection.

Daniel Allen, 44, stood mute as his attorney James Galen Jr. entered a plea of not guilty before Macomb County Circuit Court Judge Peter Maceronito charges stemming from an Oct. 18 neighborhood scuffle.

Malawi: UN rights chief sounds alarm on sentencing of gay couple
Sunday, July 11, 2010 - 16:51 | 2010 | Malawi

21 May 2010 – The sentencing of a gay couple in Malawi to 14 years in prison is “blatantly discriminatory,” the top United Nations human rights official said today, voicing concern over the precedent that this could set in the region.

“I am shocked and dismayed by the sentence and reports of the treatment of Steven Monjeza and Tiwonge Chimbalanga while in detention,” High Commissioner for Human Rights Navi Pillay said in a press release, calling for the repeal of their convictions and for penal codes criminalizing homosexuality to be reformed.

National Guidelines for the Management of People with HIV Who Place Others at Risk
Sunday, July 11, 2010 - 16:28 | 2010 | Australia

These Guidelines have been developed by the Blood Borne Virus and Sexually Transmissible Infections Sub-Committee (BBVSS) of the Australian Population Health Development Principal Committee (APHDPC), to inform, support and harmonise approaches by Australia’s States and Territories to the management of people with HIV who place others at risk of HIV infection.

Endorsed by Australian Health Ministers' Conference, April 2008