Numbers
o Approx 70,000 people diagnosed with HIV in Canada since 1985.
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o More than 100 criminal prosecutions for HIV transmission and exposure from 1989 to 31 December 2009.
§ Significant increase in number of prosecutions since 2003 . Average approx 10 per year.
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o Most of the people who have been charged are men: 91%.
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o Vast majority of charges and convictions against HIV+ men who had sex with women.
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o - Around 10 cases of HIV+ women who have had sex with men
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o - Around 18 cases against HIV+ MSM
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o The majority of charges are in Ontario: 47%.
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§ BC accounts for 11% of the cases
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o 83% of the people we know were convicted have been sent to jail.
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o E. Mykhalovskiy, G. Betteridge, and D. McLay, HIV Non-Disclosure and the Criminal Law: Establishing Policy Options for Ontario, July 2010. Funded by the Ontario HIV Treatment Network
1. Lack of clarity in the law: what constitutes a “significant risk” under criminal law?
Starting point:
o Unprotected vaginal (and anal) sex = significant risk of HIV transmission = duty to disclose ( Cuerrier, 1998 )
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o But what about other sexual activities and factors reducing the risk of HIV transmission?
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o Safer sex (condom; oral sex)
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o Undetectable viral load
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o = the law is not clear
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The law is only unclear when we talk about the Undetectable viral load. In short what were condoms used for in the first place to stop HIV transmission. Why today do condoms no longer work and I have to disc louse my status.
The law states if you think you may be HIV Positive you have tell your partner as well. So if you have ever had unprotected vaginal or anal sex and never been tested “YOU COULD ARE A CRIMINAL UNDER THE LAW”
1. : the Mabior case
o October 2010 – Court of Appeal of Manitoba
o A man was acquitted in Appeal on 4 counts of aggravated sexual assault when he carefully used a condom OR had unprotected sex but his viral load was undetectable.
o “ [s]ignificant risk means something other than an ordinary risk. It means an important, serious, substantial risk.”
THIS ABOVE CASE IS BULLSHIT……………………Did he transmit the virus. I am being told by CANADA that to just touch me is a crime…………………..Its not the transmission of the virus its just the thought that someone could have physical contact with an HIV positive person is crime enough to go to jail.
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ReplyDeleteI am verbally attacked daily in Toronto by straight woman. They follow me and disrupt my daily life. The police will not do a thing. They spy on me and want to know every man I sleep with or try to disrupt my way of life so no one wants to be around me from there constant harrasment. Toronto and Canada you have failed me.
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