The 'intentional' sexual transmission of HIV: a note of caution in light of Phiri v S : case note

Annelize Nienaber

doi:10.25159/2522-6800/3666

The 'intentional' sexual transmission of HIV: a note of caution in light of Phiri v S : case note

Annelize Nienaber^*

^*Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

Abstract

Most legal practitioners and laypersons agree, if someone deliberately or intentionally transmits the Human Immunodeficiency Virus (HIV) to a sexual partner, that person deserves legal sanction. South Africa has opted not to establish a separate set of criminal offences to criminalise HIV transmission in this context, unlike several other African countries that have established separate crimes for the intentional or negligent transmission of HIV. In South Africa, policy considerations have prompted the application of existing criminal law principles in court cases dealing with the intentional or negligent transmission of HIV to sexual partners.

Original language	English
Pages (from-to)	522-533
Number of pages	12
Journal	Southern African Public Law
Volume	29
Issue number	2
DOIs	https://doi.org/10.25159/2522-6800/3666
Publication status	Published - 2014
Externally published	Yes

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abstract = "Most legal practitioners and laypersons agree, if someone deliberately or intentionally transmits the Human Immunodeficiency Virus (HIV) to a sexual partner, that person deserves legal sanction. South Africa has opted not to establish a separate set of criminal offences to criminalise HIV transmission in this context, unlike several other African countries that have established separate crimes for the intentional or negligent transmission of HIV. In South Africa, policy considerations have prompted the application of existing criminal law principles in court cases dealing with the intentional or negligent transmission of HIV to sexual partners.",

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