Overview
People living with HIV are being convicted of serious criminal offences and sentenced to years in prison for not disclosing their HIV status to their sexual partners — even when there is little to no risk of transmission. This misuse of the criminal law is often done in the name of public health. But in reality, HIV criminalization:
- undermines effective public health initiatives, such as HIV testing, counselling and support, and partner notification;
- creates a false sense of security that the law can and will protect people from HIV infection;
- contradicts the message that every person is responsible for their own sexual health; and
- leads to human rights abuses by increasing the stigma and discrimination faced by people living with HIV.
We’re working to limit the negative consequences of HIV criminalization by:
- intervening in precedent-setting cases and providing support to defence attorneys and people living with HIV;
- engaging relevant policy-makers in developing guidance for police and prosecutors;
- helping community-based HIV organizations to understand the legal landscape; and
- providing comment and assistance to journalists reporting on this issue.
The Criminalization of HIV Non-Disclosure in Canada
This briefing paper describes the current legal landscape of the criminalization of HIV non-disclosure in Canada, why the current use of the criminal law is problematic, and what we've been doing to resist the use of the criminal law against people living with HIV. Read more
Resources for lawyers and advocates: Responding to the Criminalization of HIV Transmission or Exposure
This kit provides both informative documentation to support lawyers in the preparation of their cases and selected publications that can ultimately be presented in court. Read more
Expert consensus statement on the science of HIV in the context of criminal law
Twenty scientists from regions across the world developed this Expert Consensus Statement to address the use of HIV science by the criminal justice system. Read more
Videos
HIV criminalization
Consent: HIV non-disclosure and sexual assault law
Positive Women: Exposing Injustice
Learn more:
FULL REPORT: PRACTICAL APPLICATIONS OF ARTICLE 157 OF THE CRIMINAL CODE OF THE REPUBLIC OF BELARUS
Download the full Russian language report:
Practical applications of Article 157 of the Criminal Code of the Republic of Belarus
Article 157 of the Criminal Code of the Republic of Belarus criminalizes HIV exposure and transmission. Despite a reduction in the number of criminal cases brought under this article, Belarus remains among the world’s leading countries in prosecutions of people living with HIV. Russian Version
A gender-centred dialogue on Alternative Justice Responses to HIV non-disclosure criminalization
On June 20th, 2022, the HIV Legal Network, in collaboration with Communities, Alliances & Networks and the Women & HIV/AIDS Initiative, hosted a roundtable about alternative justice responses to the criminalization of HIV non-disclosure in Canada.
Submission to the Government of Canada Consultation on Reforming the Criminal Law regarding HIV Non-Disclosure
The HIV Legal Network and the HIV & AIDS Legal Clinic Ontario submitted a response to the Government of Canada’s consultation on reforming the criminal law regarding HIV non-disclosure on January 10th, 2023.
Special Considerations for Advising Sexual Assault Complainants Living with HIV
This paper is devoted to issues faced by a group of individuals with a unique experience: sexual assault complainants living with HIV who could potentially be transformed from complainants to accused persons. In particular, this paper discusses some of the factors that arise in these situations and aims to provide some guidance on the advice … Read more
Summary of R. v. J.M., 2022 ONCA 615
In August 2022, the Court of Appeal for Ontario overturned a woman’s conviction for one count of aggravated sexual assault in relation to HIV non-disclosure in the case of R. v. J.M. The initial 2013 conviction stemmed from a single act of condomless vaginal sex that occurred in 2011, at a time when the appellant … Read more
MEDIA STATEMENT: HIV LEGAL NETWORK CELEBRATES 30 YEARS WITH DIGITAL GROWTH AND A NEW PODCAST
Toronto, ON (April 25, 2023) — This year, the HIV Legal Network celebrates its 30th anniversary. Founded in December 1992 as the Canadian HIV/AIDS Legal Network, the organization has spent the past three decades advocating to protect the human rights of all people living with or affected by HIV and AIDS, as well as those … Read more
WORLD AIDS DAY 2022: IT’S TIME TO EQUALIZE, IN CANADA AND BEYOND
November 30, 2022 — Today, the HIV Legal Network marks World AIDS Day by joining with the United Nations (UN) in a call to governments around the world to reform laws, policies, and practices that create and exacerbate the stigma faced by people living with HIV. With this year’s theme being “Equalize,” we are focused … Read more
MEDIA STATEMENT: THE HIV LEGAL NETWORK AND HALCO DISAPPOINTED BY R. v. SHARMA SUPREME COURT DECISION
For immediate release – Aussi disponible en français THE HIV LEGAL NETWORK AND HALCO DISAPPOINTED BY R. v. SHARMA SUPREME COURT DECISION The following can be attributed to the HIV Legal Network and the HIV & AIDS Legal Clinic Ontario (HALCO). November 4, 2022 — Toronto, ON —The Supreme Court of Canada today released a … Read more
MEDIA STATEMENT: THE HIV LEGAL NETWORK APPLAUDS R. v. NDHLOVU SUPREME COURT DECISION
THE HIV LEGAL NETWORK APPLAUDS R. v. NDHLOVU SUPREME COURT DECISION For immediate release – The following can be attributed to the HIV Legal Network. October 28, 2022 – Today the Supreme Court of Canada struck down legislation that has, since 2011, required that people convicted of aggravated sexual assault, the offence under which HIV … Read more