A majority of women living with HIV in Canada report a history of verbal, physical, and/or sexual violence from partners, according to a study published in Women’s Health. And one fifth of the women in the study, especially Indigenous women and Black women, reported that Canada’s HIV non-disclosure laws had led to increased violence.
Canada has one of the highest number of HIV criminalisation cases globally. HIV status non-disclosure is considered a crime unless condoms are used and a person’s viral load is less than 1,500, regardless of whether HIV transmission occurred.
Non-disclosure is considered to invalidate informed consent, so it is most often prosecuted as a sexual assault or even an aggravated sexual assault which can lead to life imprisonment and/or lifelong branding as a sexual offender.