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The criminalisation of HIV transmission
  1. J Chalmers
  1. Correspondence to:
 Mr J Chalmers, School of Law, University of Aberdeen, Taylor Building, Old Aberdeen AB24 3UB;
 j.p.chalmers{at}abdn.ac.uk.

Abstract

Since Bennett, Draper, and Frith published a paper in the Journal of Medical Ethics in 2000 considering the possible criminalisation of HIV transmission, an important legal development has taken place. February 2001 saw the first successful United Kingdom prosecution for the sexual transmission of disease for over a century, when Stephen Kelly was convicted in Glasgow of recklessly injuring his former girlfriend by infecting her with HIV. Whether English criminal law (as opposed to Scots law) can apply criminal penalties in such a case, however, still remains uncertain.

This paper, in addition to providing some background to the Kelly case, briefly explores the current possibilities for prosecution under English law. It then proceeds to outline and comment on the issues relevant to criminalisation, responding in part to points made by Bennett, Draper, and Frith and also by Bird and Leigh Brown in a recent article in the BMJ.

  • HIV
  • duty to warn
  • enforcing obligation
  • infectious disease
  • criminalisation
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