Grievous harm? Use of the Offences Against the Person Act 1861 for sexual transmission of HIV

This briefing paper is part of a series that forms one strand of the research and development programme supporting CHAPS, the HIV prevention programme for Gay men, Bisexual men and other homosexually active men in England and Wales. It is intended to explore use of the Offences Against the Person Act 1861 to prosecute people who have transmitted HIV infection to sexual partners in England, Wales and Northern Ireland. The topic was chosen by CHAPS partners as an area of interest to their organisations and others engaged in HIV prevention and sexual health promotion. This briefing paper examines available evidence regarding the use of the judiciary in cases of sexual HIV transmission and considers the likely impact that criminalising HIV transmission has on public health, especially HIV prevention. It strives to provide an overview of academic and policy debates and responses to the topic, to make recommendations across a range of relevant agencies and organisations, and reviews all known cases (as of 31st August 2005). A number of people have given considerable time and energy to the development of this paper. We would like to thank Matthew Weait of Keele University and Daniel Monk of Birkbeck College for checking the discussion of the law and of legal principles. We would also like to thank the followin