Canadian judge rules that insertive unprotected anal sex does not create a ‘significant risk of serious bodily harm’
A Canadian judge has ruled for the first time that an HIV-negative person is not placed at ‘a significant risk of serious bodily harm’ if they are the insertive partner in unprotected anal intercourse with an HIV-positive man.
According to a statement from the Canadian HIV/AIDS Legal Network this "reinforces the basic point that not every risk of transmission will be considered ‘significant’, and illustrates the importance of ensuring that courts consider carefully the scientific evidence before them in determining when there is a ‘significant risk’ of harm, rather than simply criminalising non-disclosure in all circumstances."
With close to 110 prosecutions since they began in 1989, Canada is second only to the United States in terms of absolute numbers of criminal prosecutions for both sexual and non-sexual HIV exposure. Transmission need not occur – nor be proven – to obtain a successful prosecution. The number of prosecutions has increased in recent years, averaging around ten annually.
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