AIDS crime laws on the cards

The Law Reform Commission has already drafted laws to criminalise the intentional spread of the HIV virus and has recommended jail terms between seven to ten years for breach of these offences. The draft bill also recommends that a magistrate can order an accused and the other alleged affected person to each give a sample of blood for HIV tests. The draft bill is with Attorney General John Jeremie, who will have to review it and then take it to Cabinet. Since the beginning of the year the Commission began work on the bill which was a part of its 2004 programme. On Tuesday, Prof Courtenay Bartholomew, director of the Medical Research Foundation, called on the commission to draft laws to criminalise the wilful spread of the AIDS virus. Prof Bartholomew made the call during the launch of the HIV/AIDS health sector plan at Hilton Trinidad. Professionals in both legal and medical circles, however, are calling “bizarre” the contradictory statements made by Minister of Health John Rahael in response to Prof Bartholomew’s statement.

Rahael, who was at the launch on Tuesday, in an interview with reporters, responding to Prof Bartholomew’s statement said, “It can be considered a criminal offence if someone has the disease and knowingly passes it on. I will most definitely raise the matter with the Attorney General to see if a special majority is needed for it to be passed.” However, yesterday at the commissioning of 37 new ambulances at the Vehicles Maintenance Company of TT (VMCOTT) when further questioned about the professor’s suggestion, Rahael said, “I was not aware of his comments until today and I was very shocked when I heard what he said.” They were also critical of the fact that the minister did not know what proposed laws were being drafted, and the impact on the Ministry of Health. The bill will be called The  Offences Against the Person (amendment) Act 2003 and will need the support of three-fifths of all members of Parliament. Under Chapter 11:8 of the amended Act,  it will seek to “make it an offence to intentionally or recklessly expose another to infection with HIV.”

In the Act, the insertion as drafted will read: “A person who knows or ought reasonably to know that he is HIV positive and who, without so informing another person, engages in conduct with that other person, including if he (a) has intimate conduct which is likely to place the person in danger of infection with HIV; (b) transfers, donates, or provides his blood, tissue, semen, organs, or other potentially infectious body parts or fluids for transfusion, transplantation, insemination, or other administration to the person, as the case may be; or (c) dispenses, delivers, exchanges, sells, or in any way transfers to the person any intravenous or intra-muscular drugs paraphernalia which he has utilised since his infection with HIV, commits the offence of intentional or reckless exposure of another to infection with HIV.”

The recommended punishments for breach of these offences are: (2) A person convicted on indictment of the offence of intentional exposure of another to infect with HIV is liable to imprisonment for ten years. (3) A person convicted on indictment of the offence of reckless exposure — seven years. (4) A person found not guilty of the offence of intentional exposure  may be found guilty of the offence of reckless exposure of another to infection with HIV. (5) It is a defence under this Section for the accused person to prove that he informed the other person that he was HIV positive and that person consented to engage in the type of conduct referred to under Subsection 1. (6) Where a person is charged for an offence under this Section, a magistrate may make an order directing the accused and the other person to each give a sample of blood for the purpose of HIV testing.