The right to a fair trial
The right to a fair trial
Lack of knowledge about HIV and legal processes, as well as the fear the criminal justice system may create, can compromise the rights of people living with HIV to a fair trial. Many people, including people living with HIV, do not have frequent contact with the legal system and may be unfamiliar with processes, rights and guidelines for police, health care providers and legal staff involved in investigations or prosecutions.
In addition, lawyers and investigators are also often out of touch with the latest scientific research or treatment advances; particularly the fact that effective treatment can reduce the risk of HIV transmission to almost zero.
Poor understanding of the facts of HIV risk and transmission have meant that entirely unjustifiable investigations and prosecutions have occurred in many settings. Perhaps the most striking of these are cases involving spitting or biting, where there has been no actual risk of HIV transmission.
