Ontario Working Group on Criminal Law and HIV Exposure

We are concerned that the current criminal law and media sensationalism may make people

Less likely to talk openly and honestly about sex, HIV and other sexually transmitted infection

Reluctant to get health care for sexually transmitted infections, including HIV, which may result in poor health and a greater risk of HIV transmission during sex

Feel stigmatized because they have HIV (or people may think they have HIV), and more likely to face discrimination

Avoid HIV testing out of a fear that they may be criminally charged

Fear public health staff and mistakenly presume that public health staff and police are working together

Think that the criminal law will protect them from being exposed to HIV

HIV non-disclosure charges and convictions in Canada and Ontario

Canada:

• At least 97 people have been charged
• Since 2003 there has been an average of 10 cases per year.
• At least 59 people have been convicted.
• In 24 cases a person was convicted even though there was no HIV transmission alleged to have taken place.
• Almost 90% of the people convicted have gone to jail.
• White people make up about 30% of people charged. Black people make up almost 25%. Aboriginal and other people make up about 6%. We don’t know the race or ethnicity of the other people charged.

Ontario:

• Leads Canada with at least 47 cases and 31 convictions.
• About 40% of the people charged have been white, 30% have been black, 7% have been aboriginal or another race or ethnicity. We don’t know the race or ethnicity of the other people charged. Since 2005, 40% of men charged have been black.

Mykhalovskiy, E., Betteridge, G. “The criminalization of HIV non-disclosure in Canada: A preliminary analysis of trends and patterns.” Unpublished data. 31 December 2009.

Canadians’ knowledge and attitudes about HIV/AID

32% of people believe incorrectly that HIV can be transmitted through kissing

29% believe incorrectly that HIV can be transmitted through a mosquito bite

26% would feel uncomfortable working in an office where someone developed HIV/AIDS

49% say that they would feel uncomfortable using a restaurant drinking glass once used by a person living with HIV/AIDS

20% do not believe in supporting the rights of people living with HIV/AIDS

HIV/AIDS Attitudinal Tracking Survey 2006: Final Report. EKOS Research Associates Inc., 31 March 2006

Expert Public Health Advice

An expert panel organized by the Federal/Provincial/ Territorial Advisory Committee on HIV/AIDS concluded that, “Unwarranted punitive measures taken against relatively few difficult cases could impair the effectiveness of voluntary programs for the many routine cases through increased stigmatization or fear of discrimination; this may lead to the increased spread of HIV.

Persons who fail to disclose their HIV/AIDS status: Conclusions reached by an expert working group.” Canada Communicable Disease Report (2005) 31:5

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