TY - JOUR
T1 - Is It Really a Risk? The Parameters of the Criminalisation of the Sexual Transmission/Exposure to HIV
AU - Hughes, David
PY - 2020/3/10
Y1 - 2020/3/10
N2 - This article considers whether there is a rationale for criminalisation of the sexual transmission and exposure to HIV by reviewing the harm principle. The article then provides a comparative jurisdictional analysis of transmission and exposure in three particularised jurisdictions: England, Canada and the US. It will be established that few jurisdictions truly consider the risk of serious harm, and thus lack a theoretical foundation for criminalisation. A comparison of relational judicial precepts will follow the discussion of extant law in each country. The final part of the article proposes a bespoke new legislative framework that will criminalise certain types of transmission and exposure.
AB - This article considers whether there is a rationale for criminalisation of the sexual transmission and exposure to HIV by reviewing the harm principle. The article then provides a comparative jurisdictional analysis of transmission and exposure in three particularised jurisdictions: England, Canada and the US. It will be established that few jurisdictions truly consider the risk of serious harm, and thus lack a theoretical foundation for criminalisation. A comparison of relational judicial precepts will follow the discussion of extant law in each country. The final part of the article proposes a bespoke new legislative framework that will criminalise certain types of transmission and exposure.
U2 - ttps://doi.org/10.1177/0022018320908668
DO - ttps://doi.org/10.1177/0022018320908668
M3 - Article
SN - 0022-0183
SP - 1
JO - The Journal of Criminal Law
JF - The Journal of Criminal Law
ER -