Criminalisation of HIV transmission: an overview for clinicians

The law surrounding criminal liability for HIV transmission is complex, but informing patients of potential culpability is arguably1 part of our professional duty. The purpose of this summary is to simplify and guide clinicians by explaining the legal basis for criminalising HIV transmission, defining reckless transmission and discussing how disclosure, condoms and treatment as prevention (TasP) may impact criminal liability. Lastly, it discusses how this information can easily be conveyed to patients.

HIV criminalisation refers to the investigation, prosecution and conviction of people for transmitting, or exposing others to HIV.2 In England and Wales, only the intentional or reckless transmission of HIV and deliberate (but unsuccessful) attempts to transmit are criminalised. In Scotland, however, where the legal system differs, reckless exposure may also be criminalised. 3

Most criminal offences require proof beyond reasonable doubt of three things. First, the prosecution must establish the requisite act,…

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