February 27, 2009

Swiss Court Overturns HIV Exposure Conviction

The Geneva Court of Justice has overturned the ruling of a lower court against an HIV-positive man convicted of HIV exposure, aidsmap.com reports. The court acquitted the man based on testimony from one of the authors of the consensus statement by the Swiss Federal Commission for HIV/AIDS, which states that the risk of HIV transmission during unprotected sex by people on successful HIV treatment is 1 in 100,000.

According to the article, a male African immigrant in 2007 was given a suspended sentence of 28 months for his first conviction on HIV exposure. He had unprotected sex with a woman without disclosing his HIV status to her. She did not become HIV positive. The Swiss Penal Code allows for prosecutions against people with HIV for having unprotected sex, whether or not they disclose their status.

The man was sentenced in December 2008 to 18 months in prison for a second conviction on HIV exposure resulting from a complaint by another woman. Testimony was given during his trial that successful HIV treatment reduces transmission risk, but a residual risk remains. The Swiss statement was submitted by his lawyer into evidence, but the lower court declined it. He was freed after almost three months in prison.

Deborah Glejser of the AIDS advocacy organization Groupe SIDA Geneve told aidsmap.com that this ruling should stop prosecutions in Switzerland of HIV-positive people on successful HIV treatment who have unprotected sex.

Search: criminalization, Swiss statement

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Previous Comments:

andrewb, Sacramento, 2009-03-04 11:31:37
He should have disclosed his status and he should have used protection.

Maria, Bronx, 2009-03-04 04:40:43
That is really shameful that these people are willing to prosecute even those that are honest and disclose their status. I believe that if you are honest and the person is somewhat informed on the subject and your sex partner is okay with it,then thats their choice.They know what it is about it shouldnt be held as criminal.Cant b more honest.They fall in love with you,then whats the problem. All these other diseases out there are we the only ones that don't have the right to lead a normal life

PSA, Grand Rapids, MI, 2009-03-03 18:01:29
"The Swiss Penal Code allows for prosecutions against people with HIV for having unprotected sex, whether or not they disclose their status." Why does society think it should have a say in sexual decisions made between consenting adults?

Ruby Cox, Boston, 2009-03-03 16:22:19
A residual risk means a risk it's not gone, it could occur with a different partner/s take the word at it's true meaning risk means always be prepared to protect. As human beings we are obligated to knowingly protect one another from the risk of HIV transmission.