The criminal law was first used in the context of HIV transmission in England in 2003 when an individual was found culpable for HIV transmission under the Offences Against the Person Act 1861. Two sections of the act relating to ‘grievous bodily harm’ can be used to prosecute HIV transmission: Section 18, ‘intentional transmission’ and Section 20, ‘reckless transmission’. However, there has never been a successful prosecution for intentional transmission. Moreover, in England and Wales it is ...
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