HIV Scotland today expresses concern at the recently reported case in which a man has pled guilty to a charge of reckless behaviour in infecting his partner with HIV.

HIV Scotland urges that only in the most exceptional circumstances should criminal charges be raised for allegations of the reckless transmission of HIV, and must have the highest standards of proof.

Roy Kilpatrick, Chief Executive of HIV Scotland, said, "The details of this case are tragic to all involved. We are particularly worried, however, about the fact that prosecutions were brought in this case in respect of three sexual partners of Mr Devereaux who had not contracted HIV. We recognise that the primary motivation for bringing this prosecution must have been the actual transmission of HIV and that the prosecution would have felt it necessary to put the full context before the court. However, it would be alarming if the charges brought in this case open the door for future prosecutions in cases where no harm has been caused. While we believe that people living with HIV should always minimise any risk to their sexual partners, HIV is an extremely difficult infection to transmit, particularly where individuals are receiving proper medical treatment. Bringing prosecutions where no harm has been caused would achieve nothing other than the stigmatisation of people living with HIV and would be a waste of public resources. A clear statement of Scottish prosecution policy in this area, with proper regard to public health implications, would be in everyone's interests."

Since the first case in 2000, HIV Scotland has taken a lead on this issue, consulting and informing agencies and clinics on the role of the law in HIV prevention and support.

Contact:      Roy Kilpatrick Chief Executive       tel 0131 558 3713       mob: 07850 970 742