Chapter 9 - HIV and AIDS and The Law
In many cases, prisoners with HIV or AIDS continue to be strongly discriminated against.
Some rights and rules about prisoners and HIV/AIDS
See HIV testing and informed consent
The rights of accused people
Accused people are people who have been charged with crimes but who have not yet been found guilty or not guilty. However because of the potential prejudice to a victim of sexual violence if he or she does not know the HIV status of the perpetrator, the victim can apply to court for an order to have the perpetrator have an HIV test and for the results of the test to be given to him or her. This application can also be brought by any person that has an interest in the victim’s well-being or the investigating officer investigating the case. The application must be brought within 90 days after the act of sexual violence was committed.
If the person is successful with the application, the investigating officer must take the person who committed the act of sexual violence for an HIV test. The HIV test results must then be given to the victim in writing. The HIV test results are private and confidential and should not be disclosed to others.
See Sexual violence and HIV testing
Bail and sentencing for rape accused with HIV/AIDS
All accused people have a right to apply for bail. However, where the crime is very serious, for example, rape, the law makes it more difficult to get bail particularly where the accused knew that he was HIV positive or had AIDS at the time of the rape. The minimum sentence for a person accused of rape who is HIV positive, is much higher than the minimum sentence for a person accused of rape who is NOT HIV positive.
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