Transmission of HIV and the Criminal Law: Examining the Impact of Pre-Exposure Prophylaxis and Treatment-as Prevention

Carter, D

Transmission of HIV and the Criminal Law: Examining the Impact of Pre-Exposure Prophylaxis and Treatment-as Prevention

Carter, D

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Publisher:: Melbourne University, Law Review Association
Publication Type:: Journal Article
Citation:: Melbourne University Law Review, 2020, 43, (3), pp. 937-986
Issue Date:: 2020-01-01

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Field	Value	Language
dc.contributor.author	Carter, D https://orcid.org/0000-0002-8430-6351
dc.date.accessioned	2021-07-30T10:12:28Z
dc.date.available	2019-09-05
dc.date.available	2021-07-30T10:12:28Z
dc.date.issued	2020-01-01
dc.identifier.citation	Melbourne University Law Review, 2020, 43, (3), pp. 937-986
dc.identifier.issn	0025-8938
dc.identifier.uri	http://hdl.handle.net/10453/150013
dc.description.abstract	In its engagement with HIV, the criminal law has long attracted controversy, prompting protest, critique and calls for law reform. This article examines the impact of two major advances in the prevention of HIV transmission on criminal offences that apply to HIV transmission-related events, namely, treatment-as-prevention (‘TasP’) and pre-exposure prophylaxis (‘PrEP’). Where used, these two biomedical technologies and their associated practices bring with them the potential to radically reduce, even eliminate, the incidence of HIV transmission. If these benefits are made widely available, these advances will potentially bring about shifts in the ways HIV has been received by the criminal law, reframing current understandings of causation, risk and the seriousness of harm at the foundation of HIV transmission-related criminal offences. This article examines the likely impacts of these new practices and technologies of HIV. It argues that, where used, these new forms of HIV transmission prevention should radically reduce, and potentially eliminate, the incidence of HIV transmission-related criminal prosecutions for unintentional-transmission. However, it also concludes that these effects will likely be uneven due to the misalignment between those populations who are taking up these new prevention options and those who have been historically prosecuted for HIV transmission-related criminal offences.
dc.language	en
dc.publisher	Melbourne University, Law Review Association
dc.relation	http://purl.org/au-research/grants/nhmrc/APP1156520
dc.relation.ispartof	Melbourne University Law Review
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1801 Law
dc.title	Transmission of HIV and the Criminal Law: Examining the Impact of Pre-Exposure Prophylaxis and Treatment-as Prevention
dc.type	Journal Article
utslib.citation.volume	43
utslib.for	1801 Law
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - CHSP - Health Services and Practice
pubs.organisational-group	/University of Technology Sydney/Strength - HJ - Health Justice
utslib.copyright.status	open_access	*
pubs.consider-herdc	true
dc.date.updated	2021-07-30T10:12:28Z
pubs.issue	3
pubs.publication-status	Published
pubs.volume	43
utslib.citation.issue	3

Abstract:

In its engagement with HIV, the criminal law has long attracted controversy, prompting protest, critique and calls for law reform. This article examines the impact of two major advances in the prevention of HIV transmission on criminal offences that apply to HIV transmission-related events, namely, treatment-as-prevention (‘TasP’) and pre-exposure prophylaxis (‘PrEP’). Where used, these two biomedical technologies and their associated practices bring with them the potential to radically reduce, even eliminate, the incidence of HIV transmission. If these benefits are made widely available, these advances will potentially bring about shifts in the ways HIV has been received by the criminal law, reframing current understandings of causation, risk and the seriousness of harm at the foundation of HIV transmission-related criminal offences. This article examines the likely impacts of these new practices and technologies of HIV. It argues that, where used, these new forms of HIV transmission prevention should radically reduce, and potentially eliminate, the incidence of HIV transmission-related criminal prosecutions for unintentional-transmission. However, it also concludes that these effects will likely be uneven due to the misalignment between those populations who are taking up these new prevention options and those who have been historically prosecuted for HIV transmission-related criminal offences.

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http://hdl.handle.net/10453/150013