Wilful spread of AIDS hard to prove

Prof Courtenay Bartholomew, director of the Medical Research Foundation (MRF), yesterday said he agreed with the Law Reform Commission, which decided about a year ago that there should be a law to criminalise HIV-positive people who intentionally fail to disclose their HIV status and knowingly infect others. However, he acknowledged that such cases will be difficult to prove. Speaking to Newsday yesterday, Prof Bartholomew said proving deliberate and sometimes intentional infection could be difficult. “For example, the alleged victim may have been in contact with several partners or may have been previously HIV positive.” He said the victim would have to prove their case “without doubt.” Despite this, Prof Bartholomew said legislation was necessary for such people who do not disclose their status and deliberately infect their partners or cause their death. “That is reprehensible,” he said.

At Monday’s launch of the HIV/AIDS health sector plan at Hilton Trinidad, he spoke of such cases and said the commission “must criminalise HIV/AIDS in certain situations.” The MRF has been at the forefront in providing anti-retroviral therapy and counselling to people who are HIV positive or at high risk. Anderson Figaro of the Voice of One Overcomers Club, a non-governmental organisation based in Chaguanas, which provides counselling and support for persons with HIV, said deliberate infection should be punishable by jail. “This is like a murder case. HIV is a death sentence. This virus is pressure, psychological pressure. If someone knowingly spreads the virus, charge them with murder.”

Asked about the role of counselling in preventing the deliberate spread of the virus, Figaro said, “Counselling will only help if the individual adheres to what is told to them.” Dr Bilali Camara, head of the Caribbean Epidemiology Centre Special Programme on Sexually Transmitted Infections, said the general position of the World Health Organisation (WHO) and UNAIDS was that the criminalising of HIV/AIDS has never helped anywhere. He said there was no data available to support that criminalising had made a difference. “At the universal precaution level and sexual activity level, it takes two to tango. If someone has a partner and they want to have sex they have to make sure there is protection.”