Did the Individual Consent to the Risk of Harm? A Comparative Jurisdictional Analysis of Consent in Cases of Sexual Transmission/ Exposure to HIV

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    Abstract

    This article considers the necessary ingredients for an individual to consent to running the risk of the HIV virus being transmitted through high-risk unprotected sexual intercourse. In order to achieve this aim, an assessment of what should equate to a fully informed consent is evaluated.
    The article will provide a comparative jurisdictional analysis of the consent requirement in three particularised jurisdictions: England, Canada and the USA. A comparison of relational judicial precepts will follow the discussion of extant law in each country. It will be established that few jurisdictions fully consider the requirements of a fully informed consent. The final part of the article will suggest a bespoke new legislative framework that will account for the circumstances
    that are necessary for an individual to provide a fully informed consent to the risk
    of acquiring the virus.
    Original languageEnglish
    Pages (from-to)1
    Number of pages30
    JournalThe Journal of Criminal Law
    Volume82
    Issue number1
    DOIs
    Publication statusPublished - 1 Feb 2018

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