The transmission of HIV is a criminal offence in England and Wales, under s.20 of the Offences Against the Person Act 1861, which criminalises the reckless infliction of grievous bodily harm, and this was upheld by the Court of Appeal in R v Dica. While sex is not the only way that HIV can be transmitted, the majority (if not all) the cases deal with HIV transmission through sex, making this a very sensitive area of the law. Indeed, one of the difficulties with proving the transmission of HIV from the defendant to the victim is just that: proving that the defendant did indeed give the virus to the victim, and the victim didn’t get it through some other act. The CPS advises that prosecutors pay detailed attention to the scientific and/or medical evidence before them in helping to prove that the virus was transmitted by the defendant – one way of doing this is a process called phylogenetic analysis, which can demonstrate how closely related the HIV strains are in samples taken from bo...
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