How women living with HIV react and respond to learning about Canadian law that criminalises HIV non-disclosure: ‘how do you prove that you told?’

  title={How women living with HIV react and respond to learning about Canadian law that criminalises HIV non-disclosure: ‘how do you prove that you told?’},
  author={Saara Greene and Apondi J. Odhiambo and Marvelous Muchenje and Alison Symington and Jasmine Cotnam and Kristin Dunn and Margaret M. Frank and Shelly Glum and Rebecca Gormley and Allyson Ion and Valerie Nicholson and Krista Shore and Angela Kaida},
  journal={Culture, Health \& Sexuality},
  pages={1087 - 1102}
Abstract The Women, ART and the Criminalization of HIV Study is a qualitative, arts-based research study focusing on the impact of the HIV non-disclosure law on women living with HIV in Canada. The federal law requires people living with HIV to disclose their HIV-positive status to sexual partners before engaging in sexual activities that pose what the Supreme Court of Canada called a ‘realistic possibility of transmission’. Drawing on findings from seven education and discussion sessions with… 

Awareness and Understanding of HIV Non-disclosure Case Law and the Role of Healthcare Providers in Discussions About the Criminalization of HIV Non-disclosure Among Women Living with HIV in Canada

Prevalencia and correlates of ruling awareness among 1230 women with HIV enrolled in a community-based cohort study were measured, suggesting a legal obligation to disclose unless they use condoms and have a low HIV viral load.

Impact of Canadian human immunodeficiency virus non-disclosure case law on experiences of violence from sexual partners among women living with human immunodeficiency virus in Canada: Implications for sexual rights

Findings bolster concerns that human immunodeficiency virus criminalization is a structural driver of intimate partner violence, compromising sexual rights of women living with human immunosuppression virus.

Anxiety about HIV criminalisation among people living with HIV in Australia

ABSTRACT Many countries, including Australia, have laws that enable criminal prosecution of an individual based on reckless or intentional transmission of HIV to another person. Previous research has

“I shall conquer and prevail” – art and stories of resilience and resistance of the women, ART and criminalization of HIV (WATCH) study

Abstract In Canada, sexual assault laws have been used to criminalize people who do not disclose their HIV status to partners prior to sex that presents a “realistic possibility of transmission.”

Indigenous Women Voicing Experiences of HIV Stigma and Criminalization Through Art

Indigenous women living with HIV are disproportionately affected by the criminalization of HIV nondisclosure. The purpose of this paper is to better understand how the criminalization of HIV

Prevalence and Social-Structural Correlates of Gender-Based Violence Against Women Living With HIV in Metro Vancouver, Canada.

Violence experienced by cisgender (cis) and gender minority women living with HIV is known to be high. More work is needed to better understand how to support women living with HIV who have

Help-Seeking to Cope With Experiences of Violence Among Women Living With HIV in Canada

Using baseline data from a community-collaborative cohort of women living with HIV in Canada, we assessed the prevalence and correlates of help-seeking among 1,057 women who reported experiencing

Radical Pleasure: Feminist Digital Storytelling by, with, and for Women Living with HIV

Qualitative data indicated the power of feminist digital storytelling for opportunity, access, validation, and healing, though not without risks.

Explicitly racialised and extraordinarily over-represented: Black immigrant men in 25 years of news reports on HIV non-disclosure criminal cases in Canada

A type of popular racial profiling in which HIV non-disclosure is treated as a crime of Black men who are represented as dangerous, hypersexual foreigners who threaten the health and safety of the public and, more broadly, the imagined Canadian nation is explored.

Patterns of changing pregnancy intentions among women living with HIV in Canada

The need for healthcare providers to engage in ongoing discussions with women living with HIV to support their dynamic pregnancy intentions is underscored, as the relationship between pregnancy intention within 2 years and subsequent pregnancy is examined.



The impact of criminalization of HIV non-disclosure on the healthcare engagement of women living with HIV in Canada: a comprehensive review of the evidence

Public health advocates argue that the overly broad use of the criminal law against PLWH undermines efforts to engage individuals in healthcare and complicates gendered barriers to linkage and retention in care experienced by women living with HIV (WLWH).

Prevalence and predictors of facing a legal obligation to disclose HIV serostatus to sexual partners among people living with HIV who inject drugs in a Canadian setting:a cross-sectional analysis.

Almost half the participants in the analytic sample would face a legal obligation to disclose to sexual partners under these circumstances (with an increased burden among women), adding further risk of criminalization within this marginalized and vulnerable community.

Violence against Women Living with HIV: A Cross Sectional Study in Nepal

Violence was observed to be highly prevalent among women living with HIV in Nepal, and recommends to prioritizing programs on social aspects of HIV such as violence.

Women and the Criminalization of HIV Non-Disclosure Women

  • Law
  • 2012
Since the Supreme Court of Canada’s 1998 decision in R. v. Cuerrier,1 people living with HIV can be prosecuted for not disclosing their HIV-positive status to a sexual partner before having sex that

Sexual coercion, domestic violence, and negotiating condom use among low-income African American women.

It is suggested that women experience an interactive constellation of social problems that create risks for HIV infection and, therefore, that efforts to prevent HIV infection among women will require multifaceted intervention strategies.

Mexican and Mexican American women in a battered women's shelter: barriers to condom negotiation for HIV/AIDS prevention.

Anecdotal information suggests that, for Hispanic women who are involved with abusive partners, condom use request as an HIV/AIDS sexual risk-reduction behavior may expose the women to risk of both

HIV transmission should be decriminalized: HIV prevention programs depend on it

People should understand that such legal action, and the willingness of the courts to hear these cases, will only weaken the global battle against HIV transmission.

Fear of Violent Consequences and Condom Use Among Women Attending an STD Clinic

Health care providers involved in HIV prevention and sexual risk reduction interventions need to address IPV and, more specifically, fear of IPV when negotiating safer sex as part of their services for providing more comprehensive care to the women they serve.

Criminalization of HIV transmission: poor public health policy.

Justice Edwin Cameron analyzes the surge in criminal prosecutions, discusses the role that stigma plays in these prosecutions and makes the case against criminalization.