Big Legal Ruling On HIV Transmision
4 March 2009 | 12 Comments
Well, the Swiss courts have just ruled that people who have undetectable viral loads can’t be charged with HIV transmission because the transmission is likely just “hypothetical”. That’s a huge step forward, IMO. The current laws on HIV transmission were created in a time when HIV was incurable and a fairly quick death sentence. That’s just not the case anymore and gay men have known it in their guts for nearly a decade now. Last year Swiss government researchers confirmed what we strongly suspected – there’s essentially no risk in serodiscordant (poz/neg) heterosexual sex provided certain criteria are met, and that the same is probably true for gay sex. In other words the current drug cocktails change things substantially enough that we have to rethink our assumptions on what should be legally criminal transmission of HIV.
It’s a little sad how we’ve criminalized our brothers for having sex. I mean people are going to jail when no actual transmission occurred. And the burdon is put on the poz person to disclose rather than the neg person to ask which basically makes poz people sexual lepers, at least legally. Hopefully those attitudes will change as people re-evaluate what it means to be poz.
Like the case last year with the hot poz guy in North Carolina who was put under house arrest for barebacking (incidentally, he found the post and posted a comment just a week or so ago). Whether there was actual infection should have been considered, the sexual history of the negative person should have been considered, and his viral load should have been considered. But North Carolina is hardly a progressive state and I’m sure none of those were considered.
I doubt we’ll see these types of legal decisions in the US any time soon. But we can hope… At least the tide is changing somewhere…
Geneva’s deputy public prosecutor, Yves Bertossa, believes it is only a matter of time before other jurisdictions realise that prosecutions for HIV exposure should not take place when the accused is on successful antiretroviral therapy. He told Radio Lac: “There are some medical advances which can change the law. I think that in other [parts of Switzerland] or in other countries, the same conclusions should apply to their laws.”