SOC309Y1 Lecture Notes - Non-Penetrative Sex, Viral Load, Vertically Transmitted Infection
Document Summary
Reading # 1 criminalization of hiv non disclosure: current canadian law. Canadian law: before engaging in certain activities and if you are hiv positive, you can be guilty of crime if you do not disclose. When does a person living with hiv have to disclose to a sexual partner? if they pose a significant risk for transmission. Even if the person does not become infected - exposure without disclosure. Even if he/she knows that their partner also has hiv (!) What constitutes a significant risk of transmitting hiv? legal duty only if there is a significant risk --- there is no definition for signifcant which means there is uncertainty/ambiguity possibilities: --> what remains in question is if they have a legal duty even if they use protection. New updates call in to question whether they have to disclose if they have unprotected sex and they have a low viral load.
