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Risk-taking, recklessness and HIV transmission: Accommodating the reality of sexual transmission of HIV within a justifiable approach to criminal liability

Lookup NU author(s): Samantha RyanORCiD

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Abstract

This paper examines the issue of justifiability of risk-taking with regard to the transmission of HIV. It considers a number of factors, such as seriousness of risk, likelihood of risk occurring, social utility of conduct involved, ability to use precautions and victim awareness of the risk and willingness to accept it, which combined help to determine whether the taking of a risk is reasonable or not. It argues that by considering the issue of justifiability in this way, it is possible to accommodate the wider social, psychological and public health realities of HIV. It further argues that a criminal law which fails to take account of such considerations is not only overly broad in its application but ultimately risks punishing those who are not in fact deserving of punishment. © 2007 Springer Science+Business Media B.V.

Publication metadata

Author(s): Ryan S

Publication type: Article

Publication status: Published

Journal: Liverpool Law Review

Year: 2007

Volume: 28

Issue: 2

Pages: 215-247

Print publication date: 01/09/2007

ISSN (print): 0144-932X

ISSN (electronic): 1572-8625

Publisher: Springer

URL: http://dx.doi.org/10.1007/s10991-007-9020-7

DOI: 10.1007/s10991-007-9020-7

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