The criminalisation of HIV transmission: what purpose does it serve?

Zimbabwes Minister of Justice has proposed legislation which makes it a criminal offence for a person who knows that he or she is infected with HIV or any other sexually transmitted disease to have a sexual relationship. The proposed legislation also heightens liability for convicted rapists who are HIV-seropositive. The Criminal Law Amendment Act would make it so that boys under age 12 cannot be charged or convicted of a sex crime; anyone except in the case of married couples intentionally infecting someone with HIV will be liable to a prison sentence not exceeding 15 years; a person convicted of rape having sex with a girl under age 16 years or having sex with an imbecile while being HIV-positive will be sentenced to prison for no more than 20 years regardless of whether the person was aware he or she was infected; and all people charged with sex offenses will be tested for infection with HIV. The South African AIDS Legal Network opposes legislation which criminalizes the transmission of HIV. Such legislation will not help check the spread of HIV. Furthermore criminalizing the transmission of HIV will discourage people from seeking education counseling and treatment further stigmatizing HIV and AIDS dividing communities and households and violating basic human rights. The network urges all opposed to the introduction of such criminal legislation to respond to Zimbabwes proposal.