On July 8th a woman is put on trial for aggravated assault (one of the most serious offenses in the criminal code) because she did not disclose her HIV status to her sex partner. In Canada, people living with HIV are legally required to disclose their status to their partner before having “sex” that involves “significant risk” of transmitting the virus (Canadian HIV/AIDS Legal Network). However, the law has prosecuted numerous cases in which sex posed no significant risk of HIV transmission, including the July 8th “JM” trial. Justice is being mismanaged.
The law has not kept up with scientific advancements and understanding about risks of HIV transmission. Courts do not routinely considered important information about exposure such as whether the person was taking antiretroviral treatment, what the person’s viral levels were at the time, whether protective barriers were used, and what sexual act occurred, as some involve less risk than others.
Support JM & Protest on July 8
According to activists at AIDS ACTION NOW, the charges of “JM’s” case refer to “oral sex with an undetectable viral load” and despite the extremely low risk (almost zero percent) the court “is refusing to drop the oral sex charges”. She is also being charged for allegedly engaging in unprotected vaginal sex. However, her viral load was “undetectable at the time and she claims a condom was used”. Read the full statement by AIDS ACTION NOW.
There will be a protest against unjust prosecution of people living with HIV at the courthouse in Barrie, Ontario at 13:00 on July 8th. For more info visit the event Facebook page or contact aidsactionnowtoronto@gmail.com.
Want to learn more?
The issue of HIV disclosure is so complex and poisoned by stigma. One can live a happy, sexual life living with HIV. Yet this is seldom represented or discussed in public discourse. More stories need to be shared about peoples’ experiences with disclosure and being prosecuted.
We’ve launched a series of monologues about different experiences with HIV disclosure and safe sex, such as Virgina’s letter to her sex dam. Our interview with folks at the HIV Disclosure Project (Why Not Have Sex With Someone Living W/ HIV?) describes how people who disclose their status put themselves against enormous risks including risk of verbal and physical abuse, risk of rejection and isolation, risk of discrimination by being “outed”, and violations of basic human rights.
There is an important 45 minute documentary, Positive Women, which is free to watch. The film explores how the law of HIV non-disclosure actually fails to protect women and reinforces discrimination against people living with HIV.
For more information about HIV disclosure and criminalization visit Canadian HIV/AIDS Legal Network.