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SOC323H5 (91)
Lecture 8

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Department
Sociology
Course
SOC323H5
Professor
Nicole Myers
Semester
Summer

Description
SOC323 – Criminalization of HIV Non-Disclosure (Radio today: Vancouver only one to have a safe injection site, federal government planning to set rules for other cities to open, conservative government tried to shut it down but Supreme Court denied to have it shut down so will be interesting to see what this government puts out as rules) Will talk about people who engage in consensual sex but do not disclose their HIV status & HIV+ women Term paper hardcopy and submit online to turnitin.com - What did charter do? Could arguments be made prior? What happened afterwards & implications for this particular group or other groups? Has it recognized additional rights & in recognizing them for one group has it shifted them away from others? - What does it tell about government’s move to regulate morality? - Can talk to professor via phone during office hours tomorrow Concluding thoughts on OSSA (Last Lecture) - Broad definition around soliciting (asking people for money) – opens up potential for organizations and children who sell cookies, asking for donations; but not going after these behaviors so act is a cloak to cover removal of undesirables – do not like seeing poor people - Tool to police those who are visibly poor & homeless, despite talk around public safety and traffic  criminalizing the poor  equating poverty with being criminal (poor=crime) - Squeegeeing & panhandling somehow compromised our security - Although court accepted violated Charter rights’ freedom of expression, was a reasonable limit under s.1 - Okay for people to advertise and sale but not okay when people have a sign for money  is being poor a grounds for discrimination? - What would this look like if court had recognized poor as a group & given group rights? Do group rights seem a reasonable basis for equality? Or are we uncomfortable guaranteeing equality to poor? HIV transmission - Talk about how you can get it and how you can’t; activities that expose you - 1998 & 2012 decisions – most recent on Supreme Court  understand final decision; other pieces are background context - Viral infection which can progress and develop into AIDS; chronic and life threatening; human immunodeficiency virus; damages immune system (body’s capacity to fight off infection so body’s ability to fight off any disease, infection or any external stuff is lost – people can die of a common cold) - Primarily transmitted thru exchange of bodily fluids: unprotected intercourse (vaginal or anal sex), oral sex: theoretically possibly (open cuts or sores in mouth to allow transmission of fluids into bloodstream), contaminated blood (happened in terms of Hepatitis C which is why they screen you when you go into donate and also when doing transfusions), sharing needles (injection drug users have high right; Vancouver site: brand new clean needle every time whereas on streets share needles amongst friends or use same one multiple times), mother to transmit to unborn child (pregnancy) & thru breastfeeding - Women are more easily infected than men You cannot get HIV from… - Many misconceptions around how you can get it - Cannot get thru airborne: talking, laughing, sneezing, and coughing - Casual skin contact: holding hands, touching, hugging - Sharing water, toilet, coffee cups, etc. - Clothing, bedding, jackets - Public swimming pools or hot tubs - Though some suggestions thru mosquito bite or pets/insects, very rare - Sharing telephone, transportation, payphones, or touching the same pole - Can live with someone with HIV & life won’t get change much  just have to be cautious about cleanliness & open cuts - Kissing: only if cuts in mouth when using tongue - No cure; once you have it you got it for life but incredible medications available now: absurd number of pills to regulate which slows progression and diminish your viral load so likelihood to transmit is low  anti-viral ways have allowed people to decrease to point where undetectable by any blood tests - Women: table; looking at high and low income countries; don’t need to remember; likelihood to transmit is low including unprotected sex; only time over 1% is when people use contaminated blood for transfusions or sharing needles during drug injections  but likelihood is low - Assumed that gay men are responsible but even amongst them it is low - Saliva will contain HIV but very low level so likelihood of transmission is getting to theoretical point: possible but not likely Statistics - Transmission from HIV+ woman to male sex partner: 1/2500 (vaginal sex) - 1.3/10000 (vaginal sex) for when HIV+ viral load is low - These are unprotected sex^; when using condom it becomes 1/12500 - Will talk about times when people were not honest/didn’t disclosure and other person was transmitted the disease - 1989-2012: first time criminal charges were being laid  130 charges of which 14 were women - With the exception of other particular STIs, mostly focus on HIV for non-disclosure - Aggravated sexual assault: maximum life sentence & sex offender registration  take out HIV+ and imagine most worst sexual assault ever; most serious charge: important because of its maximum penalty (although rarely used but opens possibility) o 10 of 14 women charged with ASA o Being part of sex offender list means one cannot do certain jobs, disclosure of where one lives & one’s name on list - Cannot be charged if didn’t know you had it R.v.Cuerrier - 1992 HIV+; examiner instructed not to disclose - KM first victim: asked him if he had any STIs, but not asking specifically, & he denied having any; had unprotected sex & continued even when after finding out; later on KM had relationship with BH: had sex 10 times & sometimes unprotected sex - second victim did not know; both women agreed had they known would have used condom  not denying sex, but wouldn’t have risked unprotected sex - charged with 2 counts of aggravated assault - Neither victim contracted HIV - Trial: judge acquits; finds not guilty - Appealed to appeal court of BC who upheld acquittal - Supreme Court set aside lower court decisions and began new trial: rendered 3 opinions – split but started on same premise o Looking at statutory: assault = nonconsensual application of force & does fraud = deception? Since deception invoked consent when it is possible if Currier had told victims, he wouldn’t have any consent from them? o Was consent free and informed? o Fraud had only been used to look at rape or indecent assault previous to this - Concerns around s.7 of Charter (right to life and liberty)  people with HIV suffer from discrimination & public health issues (have to tell partners otherwise public health will)  argument people with HIV/AIDS should control access: right to decide to who, when, and to what extent to which you disclose personal health information & should be aware of who it is disclosed to and how it will be used - Alco Charter s.8: secure against unreasonable search/seizure; previous decisions of Supreme Court indicates everyone has reasonable level of privacy so medical information generally is given high constitutional protection  your health information should not be revealed to others and # of rules around it so it doesn’t get to anyone else Supreme Court 1998 - Unanimous in failure to disclose but differed in how to implement ruling - Cory: majority; fraud piece implemented for flexible approach (not just about money but sexual behavior); drew on commercial fraud cases & fraud has 2 elements: deception (lying) (must relate to consent to engage in sexual intercourse, and in this case, w/o use of condom) & deprivation (or risk of deprivation) (person who was consenting must be expos
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