The Criminalization Of Hiv Transmission - 2191 Words

The criminalization of HIV transmission has sparked many debates on how the law and health policy are related and how they both have a profound impact on health. HIV criminalization was a policy meant to incapacitate and rehabilitate those transmitting the disease to others while the retribution of the act would deter others from engaging in transmission . However, the harsh realities of criminalization have caused many to reconsider its original purpose. The criminalization of HIV transmission in Canada has negative implications on health. This paper will argue that by criminalizing HIV transmission there is a greater chance of individuals not getting tested, that living with HIV can be extremely difficult within the criminal justice system, and that criminalization does not address broader, structural issues that cause HIV transmission. The history of HIV criminalization in Canada is rooted in the 1998 case of the Supreme Court of Canada (R. v. Cuerrier), where the court found that an individual could be convicted of sexual assault if they do not disclose their HIV status to their sexual partner . Since then, over 70 people in Canada have been criminally charged for not disclosing their HIV status to their sexual partner . In 2012, the criminalization of HIV transmission reached a new level of overreach by finding that an individual could be convicted for sexual assault in a situation where there is a â€Å"realistic possibility of HIV transmission. † Some have called intoShow MoreRelatedHiv / Aids : An Integral Part Of Society That Shapes The Way We Live And Interact With The957 Words   |  4 Pagescitizens, but sometimes that is not the case. With the emergence of HIV/AIDS in the United States, laws have been created in order to decrease the incidence rate but has instead increased stigma around HIV/AIDS. 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