The Case Against Criminalization of HIV Transmission

Burris and Cameron comment on the criminalization of HIV, which takes the form of HIV-specific statutes and the application of general criminal law to exposure to or transmission of HIV. They believe that the use of criminal law to address HIV infection is inappropriate except in rare cases in which a person acts with conscious intent to transmit HIV and does so. Criminalization involving generally concerns sexual exposure, but the arguments hold true for other behaviors as well. It is stressed that evidence and experience compel the conclusion that criminalization of HIV is inconsistent with good public health and respect for human rights. This conclusion, in turn, demands systematic efforts to oppose criminalization and mitigate its harms.