Content analysis of Spanish judgements addressing the sexual transmission of HIV: 1996–2016

ABSTRACT

This study performed a content analysis of the language of the Spanish judgements addressing the sexual transmission of HIV in order to determine its possible interrelationship with HIV-related stigma. All judgements and writs dictated by Spanish penal and civil jurisdictions between 1981 and December 2016 were obtained through a systematic search of the Spanish legal databases. The inclusion criterion was that the possible transmission of HIV was judged as an individual infraction, regardless of whether other infractions were involved. Twenty judgements were selected and analysed through direct content analysis assisted by the software MAXQDA 12. The majority of the cases (85%) were brought before the penal jurisdiction. Most of the judgements applied the crimes of bodily harm or grievous bodily harm (75%). Aspects closely related to the determinants of HIV-related stigma, such as the perception of HIV as a severe and easily transmitted infection, and attributions of responsibility and blame to people with HIV, were found in the judgements’ reasoning. They were associated with outdated scientific and technical knowledge. Furthermore, some arguments found are repeated literally and successively in several judgments from different years, ignoring medical advances. Most plaintiffs were unaware of their sexual partner’s HIV status. The scarce results found regarding the concealment of HIV status suggested that fear of stigma could be the reason thereof. The results suggested that training legal professionals in the epidemiological, clinical, and social aspects of HIV could influence stigma reduction, leading to a more objective consideration of the characteristics of this infection.

KEYWORDS:

• Criminalisation
• HIV-related stigma
• judgements
• Spain

Disclosure statement

No potential conflict of interest was reported by the authors.

ORCID

María José Fuster-RuizdeApodaca http://orcid.org/0000-0003-4304-7194

Additional information

Funding

This paper has been partially funded by the OptTEST project, which has received funding from the European Union, in the framework of the Health Programme (2008-2013) (the Spanish Network of Excellence on HIV (RD12/0017/0018, RD16CIII/0002/0006) and the Spanish AIDS Society (SEISIDA).