The criminalization of HIV transmission in England and Wales: questions of law and policy.

This article discusses the current law concerning the criminalization of Human Immunodeficiency Virus (HIV) transmission in England and Wales, and raises some issues about the wider implications of criminalization for those working in the HIV/Acquired Immune Deficiency Syndrome sector. So far there have been four successful prosecutions in England and Wales for the transmission of HIV, two of which have resulted in appeals. Three of those who were convicted or who pleaded guilty were of black African origin, and one was Portuguese. All of the men had transmitted HIV to female sexual partners. It looks at the way the fault requirement of recklessness has been interpreted in the cases. It explores the courts' approach to consent--the defence which those who have appealed against conviction have sought to use. Then it raises some questions about the relevance of disclosure and the way the courts have dealt with knowledge about HIV status and the risks associated with unprotected sex. It also discusses some general policy-related issues.