This information is provided for a general overview of legal information regarding HIV transmission. Please contact us for specific information.

In England and Wales people are charged under the Offences Against the Person Act 1861.

Criminal transmission of HIV can be intentional causing grievous bodily harm (s18) or reckless inflicting grievous bodily harm (s20)

Reckless transmission 'probably' requires the defendant to know his/her HIV status (but source of knowledge unclear)

The cases that have come before the courts have seen people charged with 'recklessly causing GBH' which carries a sentence up to five years.

In legal terms 'reckless' means the person with HIV was careless before sex because they did not say they had HIV (or lied), or because they did not use protection.

They did not have to intend for their sexual partner to get HIV. But they are guilty of not trying to stop it happening.

The majority of cases have been regarding heterosexual transmission.

Of the cases at trial 12 men and 2 women prosecuted.

Of the 14 cases taken to trial 12 of the 14 people were found guilty. (One found insane and one not guilty).

Sentencing was 2yrs 6 months to 10 years (for 3 counts)