The Potential Public Health Effects of a Police Announcement about HIV Nondisclosure - A Case Scenar

The Potential Public Health Effects of a Police Announcement about HIV Nondisclosure - A Case Scenar

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http://ppn.sagepub.com/ http://ppn.sagepub.com/content/early/2011/06/16/1527154411411484 The online version of this article can be found at: DOI: 10.1177/1527154411411484 published online 6 July 2011 Policy Politics Nursing Practice Patrick O'Byrne Analysis The Potential Public Health Effects of a Police Announcement About HIV Nondisclosure: A Case Scenario Published by: http://www.sagepublications.com can be found at: Additional services and information for http://ppn.sagepub.com/cgi/alerts Email Alerts: http://ppn.sagepub.com/subscriptions Subscriptions: http://www.sagepub.com/journalsReprints.nav Reprints: http://www.sagepub.com/journalsPermissions.nav Permissions: at UNIV OF OTTAWA LIBRARY on August 5, 2011 ppn.sagepub.com Downloaded from
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XX(X) 1 –9 © The Author(s) 2011 Reprints and permission: http://www. sagepub.com/journalsPermissions.nav DOI: 10.1177/1527154411411484 http://ppn.sagepub.com 411484 P N X X 10.1 7 /1527154 1 41 484 1 University of Ottawa, Ottawa, Ontario, Canada Corresponding Author: Patrick O’Byrne, Assistant Professor, University of Ottawa, Faculty of Health Sciences, School of Nursing, 451 Smyth Road, Ottawa, Ontario, Canada, K1H 8M5 Email: [email protected] The Potential Public Health Effects of a Police Announcement About HIV Nondisclosure: A Case Scenario Analysis Patrick O’Byrne 1 Abstract In May 2010, a local police force released the details of an HIV-transmission-related criminal investigation. This involved the publication of the name and photograph of, and charges against a man who the police allege did not disclose his HIV status prior to engaging in sexual activities that pose a “significant risk” for HIV transmission. Presently, however, there are no public health analyses of this situation. Consequently, the available literature on Canadian criminal laws, HIV transmission within this jurisdiction, and HIV prevention are presented and discussed herein. The outcome of this analysis is the conclusion that the act of publicizing an HIV-related criminal investigation more likely inhibits than encourages STI/HIV testing among HIV-negative and HIV-positive men who have sex with men. It is the assertion here that this undertaking thus conflicts with the overall public health goals of HIV prevention, and should likely not occur in the future. Keywords criminalization, men who have sex with men, HIV transmission, public health Introduction In May 2010, a local police department publicized the pic- ture and name of a man who they allege did not disclose his HIV-positive status before having sex with other men (to review this announcement, see, CTV, 2010). This situation arose because, based on a 1998 Canadian precedent (Supreme Court of Canada, 1998), failing to disclose one’s HIV- positive status prior to the onset of certain sexual activities is illegal. More precisely, in Canada, people living with HIV
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This note was uploaded on 01/21/2012 for the course HUMBIO 156 taught by Professor Katzenstein,d during the Fall '11 term at Stanford.

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The Potential Public Health Effects of a Police Announcement about HIV Nondisclosure - A Case Scenar

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