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Transmission of HIV and the criminal law: Examining the impact of pre-exposure prophylaxis and treatment- as- prevention
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Transmission of HIV and the criminal law: Examining the impact of pre-exposure prophylaxis and treatment- as- prevention
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Journal Article
Transmission of HIV and the criminal law: Examining the impact of pre-exposure prophylaxis and treatment- as- prevention
2020
Overview
In its engagement with HIV, the criminal law has long attracted controversy, prompting protest, critique and calls for law reform. This article examines the impact of two major advances in the prevention of HIV transmission on criminal offences that apply to HIV transmission-related events: namely, treatment-as-prevention ('TasP') and pre-exposure prophylaxis ('PrEP'). The use of these two biomedical technologies and their associated practices has the potential to radically reduce, even eliminate, the incidence of HIV transmission. If these benefits are made widely available, these advances will - by reframing current understandings of causation, risk and the seriousness of harm at the foundation of HIV transmission-related criminal offences - potentially bring about shifts in the ways that HIV has been received by the criminal law. This article examines the likely impacts of these new practices and technologies. It argues that, where used, these new forms of HIV transmission prevention should radically reduce, and potentially eliminate, the incidence of HIV transmission-related criminal prosecutions for unintentional transmission. However, it also concludes that these effects will likely be uneven due to the misalignment between those populations who are taking up these new prevention options and those who have been historically prosecuted for HIV transmission-related criminal offences.
Publisher
Melbourne University Law Review
