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dc.contributor.authorStone, James
dc.date.accessioned2017-04-03T09:19:04Z
dc.date.accessioned2017-04-11T11:39:47Z
dc.date.available2017-04-03T09:19:04Z
dc.date.available2017-04-11T11:39:47Z
dc.date.issued2017
dc.identifier.citation

Stone, J. (2017) ‘Consent, Knowledge and Precaution: A Critical Analysis of the Criminalisation of the Reckless Transmission of HIV and Other Serious Diseases,’, Plymouth Law and Criminal Justice Review, 9, pp.94-114. Available at: https://pearl.plymouth.ac.uk/handle/10026.1/9055

en_US
dc.identifier.issn2054-149X
dc.identifier.urihttp://hdl.handle.net/10026.1/9055
dc.description.abstract

This article examines the criminalisation of the reckless transmission of disease in England and Wales. The defence of consent to bodily harm and the principle of informed consent are crucial to the foundations of this discussion. This defence gives an HIV infected party freedom to behave recklessly and rely on the knowledge of the victim as a defence for their reckless behaviour. The criminal recklessness of an HIV infected party has also been argued to be negated by the careful use of precautionary measures during sexual activity. This means that an infected party can engage in sexual activity in the absence of full disclosure of their condition to their sexual partner. This promotes neither honesty nor openness. In fact, it encourages deceit and dishonesty. The current law on the reckless transmission of disease remains unclear. However, careful analysis of the legal and moral debates surrounding reckless transmission of disease will aid discussion about the future development of this area of law.

en_US
dc.language.isoenen_US
dc.publisherUniversity of Plymouth
dc.rightsAttribution 4.0 International (CC BY 4.0)*
dc.rights.urihttps://creativecommons.org/licenses/by/4.0/*
dc.subjectHIVen_US
dc.subjectConsenten_US
dc.subjectRecklessnessen_US
dc.subjectKnowledgeen_US
dc.subjectDiseaseen_US
dc.subjectWilful Blindnessen_US
dc.titleConsent, Knowledge and Precaution: A Critical Analysis of the Criminalisation of the Reckless Transmission of HIV and Other Serious Diseasesen_US
dc.typeArticleen_US
dc.typeArticle
plymouth.volume9
plymouth.journalThe Plymouth Law & Criminal Justice Review


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Attribution 4.0 International (CC BY 4.0)
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