Episode 65: HIV Criminalization Cases in Canada
June 17th, 2013
Co-host Elizabeth Ely came up with the great idea of interviewing David Crowe regarding HIV criminalization cases in Canada.
David describes the legal basis for how HIV has been criminalized in Canada, more harshly than in most countries, without any HIV-specific legislation. He describes specific cases and Supreme Court decision of late 2012 that established the standard of undetectable viral load and condom use as the only way to avoid serious criminal punishment for sex without disclosure.
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[…] Being charged with crimes for having sex without disclosing one’s HIV status, as happened to Yvonne Nicole Andrews, Nushawn Williams a/k/a “Notorious H.I.V.,” and Craig Lamar Davis of Atlanta. In early 2015, however, the highest military court in the U.S. overturned this practice, publicized as “HIV criminalization” in the media. The ruling came in the case of Air Force Technical Sergeant David Gutierrez, whose attorney we interviewed. (Co-host David Crowe discusses the laws in Canada here.) […]