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Scottish HIV Groups: Proof of HIV Transmission Needed for Legal Prosecution

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Roy Kilpatrick

see - www.hivscotland.com NEWS SECTION HIV Scotland calls for clarity of prosecution policy on this aspect of Scots Law. There is no specific law on HIV transmission in Scotland. Prosecutions are based on the common law of 'reckless' behaviour. High standards of proof are needed (effect on infectivity of ARVs, and pressure on complainant and accused) Scots law could allow conviction for 'exposure' without transmission. HIV Scotland opposes this, but does not see legal change as feasible.

January 24, 2010 • EDINBURGH

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