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HIV and the law

There is no law saying you must tell people you have HIV if you are having protected sex, and it's your choice whether you tell sexual partners whether you have HIV or not.

In England, Wales and Northern Ireland, it is possible you could have legal action taken against you. This will only happen if ALL of the following apply: ^[1]

• You suspect or know you are HIV positive
• You suspect or know you have a detectable viral load
• You still have sex without a condom without telling your sexual partner about your HIV status
• Your partner acquires HIV as a result.

^[1] nam aidsmap (see below)

A number of people in the UK have been prosecuted and imprisoned for transmitting HIV to their sexual partners under Section 20 of the Offences Against the Person Act 1861 (England and Wales). Though the act came into law in 1861, the Crown Prosecution Service (CPS) published a statement on prosecuting people for recklessly or intentionally transmitting HIV in 2008 with accompanying legal guidance updated in 2010.

Introduction to the legislation | nam aisdsmap
Frequently asked questions regarding criminal liability for HIV transmission | nam aidsmap

Man jailed for life after deliberately infecting men with HIV | The Guardian | 18 Apr 2018
Daryll Rowe’s sentence could change the law’s approach to HIV transmission | The Conversation | 19 Apr 2018
Daryll Rowe guilty of infecting men with HIV | BBC | 15 Nov 2017

Investigation guidance relating to the criminal transmission of HIV | National AIDS Trust (NAT) | 2018
Why NAT opposes prosecutions for reckless HIV transmission | National AIDS Trust (NAT) | April 2010
HIV: A Guide for Police Forces | National AIDS Trust (NAT) | Jun 2014

More

HIV and the law | LGBT Hero 

Law Commission considers HIV criminalisation in great depth, but recommends no change | HIV Justice Network | 9 Nov 2015

Sexual Offences Act 2003 | Wikipedia
Sexual Offences Act 2003 | legislation.co.uk | The National Archives

Offences Against the Person Act 1861 (OAPA 1861) | Wikipedia
Criminal transmission of HIV | Wikipedia