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Notes
1. English criminal law suggests that a person who knows their HIV status, and does nothing to prevent onward transmission, is “consciously taking an unjustifiable risk” and is therefore criminally reckless. It has also been established through two Court of Appeal judgements in the cases of R v Dica and R v Konzani that “informed consent to the risk of HIV transmission is the only valid consent” when there is the risk of “serious harm”, such as HIV infection. However, many areas of this law are still open to interpretation.
2. For more on the CPS guidance see, Bernard, E,J. Guidelines on prosecuting criminal HIV transmission for England & Wales finally published, aidsmap.com. Retrieved March 19, 2008, from www.aidsmap.com/en/news/74FD067D-ED34-42E4-ABF7-13007DA4BC1B.asp
3. Vernazza, P. et al. 2008. Les personnes séropositives ne souffrant d'aucune autre MST et suivant un traitment antirétroviral efficace ne transmettent pas le VIH par voie sexuelle. Bulletin des Médecins Suisses, 89(5).
4. Dr Dodd's findings are due to be published in AIDS Care 2008, 20 (5): 209–514 under the title Homosexually active men's views on criminal prosecutions for HIV transmission are related to HIV prevention need. A more detailed report of her findings, entitled Sexually Charged: The Views of gay and bisexual men on criminal prosecutions for sexual HIV transmission is available for download at: www.sigmaresearch.org.uk/downloads/report08d.pdf
5. This paper is currently being revised, but the current edition can be found at: www.bhiva.org/cms1191673.asp
6. Dr Anderson was speaking at the central London launch of Matthew Weait's book, Intimacy and responsibility: The criminalisation of HIV transmission. Reported in Bernard, E.J Decriminalise reckless HIV transmission, argues HIV legal expert, aidsmap.com. Retrieved February 22, 2008, from www.aidsmap.com/en/news/FA3D622C-044B-47C7-8699-DAA3C2E7EAEC.asp
7. Quoted in Bernard, E.J. Safer law: Moving from theory to practice, aidsmap.com. Retrived July 19, 2006, from www.aidsmap.com/en/news/77E01E67-43BD-4F84-8CE2-AA11039F9248.asp (accessed 15th April 2008).