Textbook Notes (363,559)
Canada (158,426)
Sociology (1,481)
SOC309Y1 (31)
Chapter 1-5

Criminal Law and HIV (Chapters 1 -5)

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University of Toronto St. George
Robb Travers

SOC309 December 2 2011 Criminal Law and HIV1 Criminalization of HIV exposure current Canadian law y Under Canadian law a person living with HIV may be guilty of a crime for not disclosing their status before engaging in certain activities y A person has legal duty to disclose their HIV status to sexual partners before having sex that poses a significant risk of HIV transmissionincludes unprotected sex Person can be charged even if HIV was not transmittedy The law is unclear about whether a person has a duty to disclose their status in other sexual acts with lower risks of HIV transmission than unprotected analvaginal sexy There is no legal duty to disclose status before engaging in activities that pose no risk kissing mutual masturbation y No legal duty for activities posing only a negligible risk oral sex with latex barrier y Oral sex without a condomlow risk not charged y If a condom is used a person with HIV may not have to disclosethe careful use of condoms might be found to so reduce the risk of harm that it could no longer be considered significant so that there might not be either harmrisk of harm y Safe to assume that women and men living with HIV have the same legal duties of disclosure y There is no clear answer for a person where they fear harm as a result of disclosing status y Health care providers has no duty to disclose status unless if risk of transmission is significant y Sharing of equipmentduty not decided but safe to assume considered to pose a significant risk o Not sharing is the only sure way who does not disclose status to avoid a criminal conviction y It is only after a child is born alive that criminal law and child protection laws applycriminal charges can not be laid against woman for failing to take steps to prevent transmission of HIV during pregnancy although breast feeders may face charges failing to take medicationfailing to provide the necessaries of life2 Prosecutions under the Criminal Code y A personal can be charged with and convicted of a criminal offence even if they did not know what they were doing was illegal y Assault a physical contact intentionally with another person without their consentfrom 51014yearslife impri
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