The criminalization of HIV non-disclosure

Guest: Alexander McClelland, member of the Canadian Coalition to Reform HIV Criminalization

The ongoing criminalization of HIV non-disclosure continues to perpetuate harmful stigma against people living with HIV has advocates noting how existing laws are overly punitive. A recent court decision also takes note of that. In 2013, Jennifer Murphy was found guilty of aggravated sexual assault and sentenced to more than three years in prison after having unprotected sex without disclosing her HIV status. The Ontario Court of Appeal overturned her conviction last month, noting Murphy’s undetectable viral load meant there was no realistic possibility of transmission of the virus. Alexander McClelland, assistant professor at the Institute of Criminology and Criminal Justice at Carleton University and a member of the Canadian Coalition to Reform HIV Criminalization, explains the implications.