HIV criminalisation laws increase violence against women

In Canada a majority of women living with HIV experience verbals, physical and sexual violence from their partners - this is according to a study of 619 women, published in Women’s Health. 

Canadian laws

When it comes to HIV related laws and convictions, Canada doesn’t fair well. It has one of the highest number of criminalisation cases anywhere in the world.

Not disclosing your HIV status to a partner is considered a crime unless condoms are used and your HIV viral load is less than 1,500 copies - even if no transmission occurs. This can is considered sexual assault, or even aggravated sexual assault, with penalties up to a life sentence on the table.

This law even means that people who have been raped must share their HIV status with their rapist, otherwise they are breaking the law and face prosecution.

Studies have shown that women consider these laws to be a “social and legal injustice” that increases their vulnerability to partner-based violence, and can be used as a weapon of blackmail and revenge by ex-partners.

Research

In their study, researchers from the BC Centre for Excellence in HIV/AIDS led by Dr Sophie Patterson of Simon Fraser University assessed the impact of criminal prosecution for non-disclosure of HIV status on the health and rights of people living with HIV.

The team selected 619 participants over the age of 16, including transgender women, indigenous women and women using drugs. The average age was 46 years. The majority of participants (88%) identified as heterosexual, and about 33% were in a relationship.

During the study 92% had an undetectable viral load, 95% were receiving antiretroviral therapy, and 47% had symptoms of depression.

Results

• 86% of women participating in the study have been subjected to verbal, sexual or physical violence in adulthood.
• 26% reported current violence.
• 18% were subjected to violence when they informed a partner of their HIV status.
• 21% of women agreed that HIV criminalisation laws increased partner based sexual violence.
• 37% of women choose to abstain from finding a new partner because of the new laws and violence.
• 20% of women choose to disclose their HIV status in the presence of witnesses due to concern around the HIV laws.

Conclusions

The results of this study have confirmed that laws that criminalise HIV are a motive for violence against women living with HIV. These laws intersect with other forms of violence such as stigmatisation and racism.