ASAAP’s statement and press release on HIV Criminalization:

( FOR IMMEDIATE RELEASE )

Wednesday, February 08, 2012

Alliance for South Asian AIDS Prevention (ASAAP) stands united with community allies against attempts to further criminalize HIV

Toronto: On February 8^th, the Attorney Generals of Manitoba and Quebec will bring 2 cases to the Superior Court of Canada – R. vs Mabior & R. vs D.C – that carry profound consequences for us all. In two separate appeals both Attorney Generals are arguing for an expansion of criminal law to enforce disclosure of HIV status in any and all cases of sexual contact, regardless of the person’s viral load, use of condoms and the risks (or lack thereof) associated with the activity. Such a move will effectively result in the potential criminalization of all those living with HIV and derail advances in prevention efforts.

The Alliance for South Asian AIDS Prevention (ASAAP) strongly believes that criminalization further stigmatizes HIV and deters people from taking action that keeps themselves and those around them safe such as getting tested and seeking treatment and counseling. More importantly, these blanket conditions proposed for criminalization fail to recognize people living with HIV as responsible members of the community.

“To address non-disclosure we first need to understand why this is difficult – if you were met with fear, anger, loss of housing or employment and even violence – would you easily disclose your status?” asks Vijaya Chikermane, Executive Director at ASAAP. “Adding criminal connotations and consequences to disclosure only serves to bolster the stigma and fear of HIV testing which can increase the risk of transmission,” she continues.

The criminalization of HIV in Canada on the scale we are currently witnessing started with a 1998 Superior Court of Canada (SCC) ruling (R. vs Cuerrier) which stated that that a person must disclose his or her HIV‐positive status before engaging in sexual activity that poses a ‘significant risk of serious bodily harm’ (i.e., a significant risk of HIV transmission) to their partner. The SCC however did not define what would constitute ‘significant risk’ in its decision or provide criteria for assessing risk. The result is that since then there have been over 130 charges laid with a conviction rate of 50%, roughly 85% of which resulted in jail sentences. In most cases, there was no actual transmission of the virus. In other words, the charges were based solely on non-disclosure of HIV status and NOT on whether anyone was actually put at any risk (determined by the type of sexual act, the infected person’s viral load and the use of condoms).

“What we need to understand is that the rhetoric employed by those pushing for heavy-handed enforcement of disclosure hardly matches the reality on the ground. More convictions mean more people being sent to prison. This makes no sense in a context where the rate of HIV transmissions in federal prisons is 22 times higher than it is on the outside and the rate of transmission of co-infections like HEP-C is 45 times higher ” adds Yogi Acharya, Community Outreach worker at ASAAP.

“Putting people in prison will not stop the spread of HIV. What will help is efforts to reduce stigma associated with HIV through better and expanded education and testing programs,” concludes Chikermane.

More than 100 organizations from Canada and around the world have signed on to a statement opposing the criminalization of people living with HIV in Canada. For more information and for background information on the criminalization of HIV non-disclosure, visit www.aidslaw.ca/stopcriminalization.

Media Contacts:

Vijaya Chikermane
Executive Director
Alliance for South Asian AIDS Prevention
416-599-2727 ext 224 or ed@asaap.ca
www.asaap.ca

Yogi Acharya
Community Outreach and Volunteer Coordinator
Alliance for South Asian AIDS Prevention
416-599-2727 ext 225 or volunteer@asaap.ca
www.asaap.ca