In recent years criminal prosecutions for offences involving transmission of or exposure to HIV have increased around the world.

In Australia, criminal law is under state/territory jurisdiction and each state has different laws under which someone can be charged with recklessly, negligently or deliberately transmitting HIV to another person. Some states have specific offences relating to disease transmission, while in others HIV-positive people have been charged with offences such as 'grievous bodily harm'. Policy makers are concerned that prosecution of those who transmit the virus to others has the potential to undermine public health efforts, by stigmatizing people living with HIV and discouraging those who engage in high-risk behaviours from engaging with the health system.

These documents are available as PDFs. You can view them with Adobe Reader (free download). If you cannot access them please email lforbes@afao.org.au.

HIV, Crime and the Law in Australia: Options for Policy Reform - a law reform advocacy kit February 2011 (PDF, 995 KB)

Recent Australian cases involving public health, civil and criminal law have renewed interest in the intersection of HIV and the law, particularly those laws that impact upon non-commercial, consensual sex. During 2011, AFAO will be working with its Member Organisations and other partners to roll out a project targeting the nexus between these laws and HIV. This background paper is intended to inform development of an AFAO  project and other related advocacy.

Criminal Prosecution of HIV transmission: the policy agenda AFAO Discussion paper, May 2009 (PDF, 2.3 MB)

Criminal prosecutions involving HIV transmission are increasing around the world. Australia has also seen an increase in the number of prosecutions in recent years but to date this issue has received relatively little attention at a national level. The purpose of this discussion paper is to provide information about these prosecutions and potential issues and options for policy makers.

Closing Plenary Speech, Mexico International AIDS Conference Justice Edward Cameron, 8 August 2008, (PDF, Small file)

Edwin Cameron is Justice of the Supreme Court of Appeal of South Africa. HIs closing plenary speech is a call to action to campaign against the criminalisation of HIV, an increasing global trend which increases stigma and persecution of people living with HIV and does nothing to halt the spread of the epidemic.

HIV is a virus not a crime Joint Statement, March 2008 (PDF, 21 KB)

A joint statement made by AFAO and other organisations, asserting that criminalisation is not an effective public health response to HIV prevention because it does not reduce HIV transmission but, in fact, increases barriers to effective health promotion.

HIV and Criminal Law UNAIDS policy brief, 28 September 2007 (PDF, 33 KB)

AFAO letter of support and comment on the first draft of the UNAIDS policy brief on 'HIV and Criminal Law'.

Criminal Prosecution of HIV Transmission AFAO Position paper, 28 March 2007 (PDF, 33 KB)

AFAO and its member organisations favour the use of public health interventions over criminal sanctions in responding to HIV/AIDS, wherever this is possible and appropriate. This is consistent with guiding principles expressed in the UNAIDS policy options paper,'Criminal Law, Public Health and HIV Transmission', June 2002