By Matthew Weait
In what conditions and on what foundation, should still those that transmit critical illnesses to their sexual companions be criminalised? during this new booklet Matthew Weait makes use of English case legislation because the foundation of a extra normal and significant research of the reaction of the felony courts to those that were convicted of transmitting HIV in the course of sex.
Examining situations and fascinating with the socio-cultural dimensions of HIV/AIDS and sexuality, he presents readers with an enormous perception into the way the legal courts build the ideas of damage, possibility, causation, blame and responsibility.
Taking under consideration the socio-cultural concerns surrounding HIV/AIDS and their interplay with the legislation, Weait has written an outstanding e-book for postgraduate and undergraduate legislation and criminology scholars learning legal legislation idea, the trial strategy, offences opposed to the individual, and the politics of criminalisation. The ebook may also be of curiosity to wellbeing and fitness execs operating within the box of HIV/AIDS genito-urinary medication who are looking to comprehend the problems which can face their consumers and patients.
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Extra resources for Intimacy and Responsibility: The Criminalisation of HIV Transmission
This is not, after all, a book about a theory – it is a book about real people. To date, 14 people have been tried for, or pleaded guilty to, charges relating to the transmission of HIV in the United Kingdom. In all cases the charges have related to transmission, or alleged transmission, that occurred in the context of sexual intercourse. The following is a brief summary of each. England and Wales Mohammed Dica (November 2003/March 2004) Mohammed Dica was an HIV positive man of Kenyan origin, living in the UK with refugee status.
In an inﬂuential article (Mann, 1997), he drew attention to the fact that whereas it was legitimate to frame the relationship between individual clinicians and their patients in ethical terms, this was inappropriate when thinking about the health of populations: Not surprisingly, medicine has chosen the language of ethics, as ethics has been developed in a context of individual relationships, and is well adapted to the nature, practice, settings, and expectations of medical care. The language of medical ethics has also been applied when medicine seeks to deal with issues such as the organization of medical care or the allocation of societal resources.
We seem to be back in the bad old days at the beginning of the epidemic when HIV had to be someone’s fault. With only 46 per cent of people in 2005 always using a condom with a new sexual partner, it is time we stopped condemning some people living with HIV for majority behaviour. We must reassert the need for everyone to take responsibility for their own sexual health instead of instinctively trying to blame someone else. (Carter, 2006a) Sarah Porter’s case, which is discussed in more detail in Chapter 4, provoked a great deal of discussion and was subject to much sensationalist reporting.