Researchers in this week's BMJ warn of a one third increase in new sexually transmitted HIV infections in Scotland as a result of the Glenochil judgement, which made knowingly transmitting HIV a criminal offence in Scotland. This verdict has criminalised undeclared, but not untested, HIV transmission. Therefore, knowledge of HIV status, which was formerly a measure to reduce risk, can now endanger a person's liberty in a way that ignorance of it cannot, argue the authors.
It leaves doubt about which behaviours are criminal, say the authors. For instance, is it a crime for someone who conceals their HIV infection to have unprotected intercourse if HIV transmission does not occur? Could someone who conceals their HIV infection be prosecuted if they have protected intercourse that results in HIV transmission because, for example, a condom breaks?
This judgement is likely to undermine uptake of HIV testing and risks a one third increase in new sexually transmitted HIV infections in Scotland. The effect of the judgement on HIV counselling and molecular research investigations is also substantial, say the authors.
"We believe that urgent review by the Scottish Executive is required to minimise the negative effects on public health and molecular science," they conclude.