Some people have been prosecuted in the UK for reckless transmission of the HIV virus. Find out about our views and policy.
A glance at headlines like ‘Evil HIV Fiend’ or ‘AIDS Avenger’ lead you to think that prosecutions for HIV transmission are straight forward; that they punish only the offender and act in the public interest. In reality the issue is far more complicated.
In the majority of cases we do not believe that prosecution for HIV transmission is helpful. Coming to terms with HIV can be difficult and initiating a high profile and intrusive court case in the wake of a diagnosis can cause further trauma for complainants. These cases, and the media coverage they receive, also place a heavy burden on all people living with HIV, increase stigma and can undermine the public health initiatives that reduce HIV infections.
In cases involving intentional and deliberate HIV infection the justice system does have a place to intervene. However, to date there has never been a criminal case of intentional transmission in the UK. The law may also have a role to play in cases where someone has actively lied to and deceived a sexual partner in order to have sex without a condom. However, we believe in most instances providing people with quality support to come to terms with an HIV diagnosis, manage sexual health and reduce risk to sexual partners is the best way to manage the issue.
HIV prosecutions and stigma
There are many infections that can be passed on from person to person, yet it is the sexual transmission of HIV that is overwhelmingly prosecuted. This demonstrates a lack of public understanding about modern HIV and the science of transmission, the complexities of human sexual relationships, and shows prejudice towards those affected by HIV.
Terrence Higgins Trust is aware of cases where transmission risk , in particular the fact that treatment can vastly reduce the risk of passing on HIV, has been misunderstood by prosecutors. We are also aware of instances where people have been subjected to unfair and unjustified investigations because of a lack of HIV knowledge by police.
The media coverage that HIV prosecutions generate is often very damaging. Headlines like ‘HIV Monster’ and ‘Evil HIV fiend’ are highly stigmatising and promote a very negative view of HIV and those affected.
HIV prosecutions and public health
Criminal prosecutions also run the risk of undermining public health aims. People living with HIV need support to manage their sexual health. In light of these prosecutions, people living with HIV who want to talk to their doctor about problems with sexual health, condom use or disclosing to partners have to do so knowing that what they say could be used against them in court.
A quarter of people living with HIV in the UK are undiagnosed and the vast majority of new infections occur because people are unaware they have HIV. So the message that criminal cases send out to the public, that if someone is living with HIV they will tell you, is also dangerous.
Studies have shown that HIV stigma is the biggest barrier to testing. Prosecutions make stigma worse and therefore may be preventing even more people from coming forward to test.
Our campaigning
Terrence Higgins Trust has campaigned for a number of years to get clarity on the law across the UK; to reduce the potential harm caused by prosecutions and improve legal practice.
England and Wales were the first countries in the world to adopt guidelines in relation to prosecuting sexual infection. These guidelines were developed by the Crown Prosecution Service following campaigning from Terrence Higgins Trust and other HIV agencies.
The Crown Office in Scotland has also now adopted its own guidelines following similar campaigning from Terrence Higgins Trust in Scotland.
We have also worked with ACPO and the Met Police to explore police practices through our research Policing Transmission.
We continue to campaign for improvement in legal and police practice in this area and for better media representations of the issue. Become a member and learn more about the work we do and become a part of our campaigning community.
Learn more
We have collated more information about criminal prosecutions for HIV transmission and campaigns around the world.
If you are facing a prosecution or thinking of making a complaint we've also developed a whole area of information about prosecutions for HIV transmission.