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Is deliberately spreading AIDS a crime?
Sunday Gleaner Staff Reporter Claude Mills last week asked experts on the law and human rights: Should the actions of sexual predators who intentionally spread HIV/AIDS be treated as a crime?
Douglas Leys, deputy solicitor-general: "We ought to have specific legislation regarding the wilful spread of the AIDS virus to unsuspecting persons as there may be loopholes under the law now. But I am saying this against the view that the current legislation may be inadequate as I haven't studied this scenario fully."
Cory Mills, assistant public defender: "As it stands now, that sort of act would fall under attempted murder, or causing grievous bodily harm. But there are some concerns that it doesn't fall under the common law principle which says that the 'person must die within a year and a day' of the act, for it to be considered murder or manslaughter, especially with medical advances that allow greater longevity. There should be a special override legislation with respect to HIV and other deadly incurable diseases to amend that so that it can be considered an out-an-out criminal offence."
Father Richard Albert of the Stella Maris Foundation: "I can't comment on the legal considerations of this practice, but such behaviour is sinful. To harm others without reason is a sin. But a person who is addicted to drugs, alcoholism, or sex...they are not bad, they are sick, they need our help, our compassion, our love, and our understanding. They don't need condemnation. As a minister, I believe we should try to restore them to wholeness and to assist them to become full human beings once again."
Dr. Carolyn Cooper, university lecturer: "We have no law saying that no one should spread HIV, so it may not be a crime but it is immoral. The question of criminal intent comes up because of the possibility of death, and that it may be a form of passive murder. But instead of focussing on women, we ought to focus on men who go there. They certainly don't give a damn about themselves. Don't blame the women, you can't spread HIV unless there is a participant.Flo O'Connor, human rights activist: "Assuming that the information is correct, this poses a major health and legal challenge. We are already in the grips of a major increase in the HIV positive cases...The Ministry of Health is doing a good job in educating formal prostitutes. Prostitution is illegal, but nobody forced these men to partake. It is immoral and unethical to knowingly and wilfully pass on a disease, but these men, having exercised their right to freedom of choice, must face the consequences of their irresponsible action."
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