Work

Recent South African court rulings on failing to disclose HIV status to sexual partners

Year: 2024

Type: article

Abstract: In South Africa, the sexual transmission of human immunodeficiency virus (HIV) between partners is criminalised under general criminal law offences such as attempted murder, assault and rape, despite the absence of specific HIV-related legislation. Recent court cases have opened the door to securing convictions.Contribution: These cases highlight the serious legal consequences of non-disclosure and the importance of consent to sexual intercourse. Health professionals in South Africa have a legal and ethical duty to counsel patients on HIV and may be obligated to inform patients who refuse to disclose their status to their partners about the potential legal implications under South African criminal law.

Source: South African Family Practice

DOI: 10.4102/safp.v66i1.6014

Authors: Jillian B. Gardner, Siraaj Khan

Institution: University of the Witwatersrand

Language: English

Topic: HIV/AIDS Research and Interventions

Subfield: Infectious Diseases

Field: Medicine

Domain: Health Sciences

SDGs: Peace, justice, and strong institutions, Good health and well-being

Open Access status: gold

Estimated APC paid: $856