Silence is Legal

The blogosphere is up in arms about a recent ruling from a Canadian court saying that people who wear condoms and have a low viral load are not legally required to disclose their HIV status to their sexual partners, because there is no "realistic possibility of transmission." Personally, I'm thrilled by the decision, not because I think it makes a great deal of sense but because it actually has gotten people to have a more in depth conversation about some of the legal aspects of HIV infection. The ruling is nuanced enough that it requires people to think about the risk of HIV transmission in different circumstances. It's also generating a good deal of discussion about the role of testing and disclosure in sexual health.

That said, I've written extensively about my issues with HIV criminalization in the past, and I continue to think that it's a bad idea. While I find it unconscionable that someone would intentionally put their partners at risk, there are already many barriers to talking about HIV and other STDs, and I don't think that the law needs to put up another one. I don't think that most people who fail to disclose their STD infections are malicious, uncaring, or trying to hurt their partners. Instead, I think they're scared, ignorant, and victims of a society that makes it incredibly difficult to have open, honest conversations about sexual risk without fear of judgement or reprisal. There are certainly exceptions, but I think that society would do better making it easier for people to talk about sex rather than prosecuting people who fail to supersede expectations.

To put it more bluntly, before jumping on the prosecution bandwagon, it would be nice if more people honestly asked themselves how regularly they get screened for STDs, how many times they've asked a prospective sexual partner about test results, or how often they've spontaneously brought up their own test results - positive or negative. When people realize they are unlikely to be able to live up to their own standards, maybe it will make them a bit less likely to judge.

• Is Criminalizing STDs a Good Idea?

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Source: http://std.about.com/b/2012/10/08/silence-is-legal.htm

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