The criminal transmission of HIV: Issues with condom use and viral load

Hdl Handle:
http://hdl.handle.net/10149/621215
Title:
The criminal transmission of HIV: Issues with condom use and viral load
Authors:
Hughes, D. (David)
Affiliation:
Teesside University. School of Social Sciences, Business and Law
Citation:
Hughes, D. (2014) 'The criminal transmission of HIV: Issues with condom use and viral load' Medicine, Science and the Law; 54 (4):187-92 : DOI: 10.1177/0025802413519248
Publisher:
Sage
Journal:
Medicine, Science and the Law
Issue Date:
13-Feb-2014
URI:
http://hdl.handle.net/10149/621215
DOI:
10.1177/0025802413519248
Additional Links:
http://journals.sagepub.com/doi/10.1177/0025802413519248
Abstract:
This article considers two issues in relation to the criminal transmission of HIV. Currently the use of condoms, and a defendant’s viral load, has not been an issue that has been raised in the courts. The article considers how the defence, prosecution and judge may deal with such evidential issues. It will discuss how an expert opinion may be utilised or discredited by counsel for the defendant and counsel for the prosecution. The article will consider how the defence can demonstrate that the defendant was not reckless and how the prosecution can establish that the defendant was actually reckless. It was also assess how the judge, in trial, may address condom use and the level of the defendant’s viral load when directing the jury. Finally it is argued that it is in the public interest to allow condom use and viral loads to be used to negate recklessness.
Type:
Article
Language:
en
ISSN:
0025-8024; 2042-1818
Rights:
Author can archive post-print (ie final draft post-refereeing). For full details see http://www.sherpa.ac.uk/romeo/issn/0025-8024/ [Accessed: 09/06/2017]

Full metadata record

DC FieldValue Language
dc.contributor.authorHughes, D. (David)en
dc.date.accessioned2017-06-09T15:12:26Z-
dc.date.available2017-06-09T15:12:26Z-
dc.date.issued2014-02-13-
dc.identifier.citationMedicine, Science and the Law; 54 (4):187-92en
dc.identifier.issn0025-8024-
dc.identifier.issn2042-1818-
dc.identifier.doi10.1177/0025802413519248-
dc.identifier.urihttp://hdl.handle.net/10149/621215-
dc.description.abstractThis article considers two issues in relation to the criminal transmission of HIV. Currently the use of condoms, and a defendant’s viral load, has not been an issue that has been raised in the courts. The article considers how the defence, prosecution and judge may deal with such evidential issues. It will discuss how an expert opinion may be utilised or discredited by counsel for the defendant and counsel for the prosecution. The article will consider how the defence can demonstrate that the defendant was not reckless and how the prosecution can establish that the defendant was actually reckless. It was also assess how the judge, in trial, may address condom use and the level of the defendant’s viral load when directing the jury. Finally it is argued that it is in the public interest to allow condom use and viral loads to be used to negate recklessness.en
dc.language.isoenen
dc.publisherSageen
dc.relation.urlhttp://journals.sagepub.com/doi/10.1177/0025802413519248en
dc.rightsAuthor can archive post-print (ie final draft post-refereeing). For full details see http://www.sherpa.ac.uk/romeo/issn/0025-8024/ [Accessed: 09/06/2017]en
dc.titleThe criminal transmission of HIV: Issues with condom use and viral loaden
dc.typeArticleen
dc.contributor.departmentTeesside University. School of Social Sciences, Business and Lawen
dc.identifier.journalMedicine, Science and the Lawen
or.citation.harvardHughes, D. (2014) 'The criminal transmission of HIV: Issues with condom use and viral load' Medicine, Science and the Law; 54 (4):187-92 : DOI: 10.1177/0025802413519248-
dc.eprint.versionPost-printen
dc.embargoNoneen
dc.date.accepted2014-
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