The ‘intentional’ sexual transmission of HIV : a note of caution in light of Phiri v S

Abstract

Most legal practitioners and laypersons agree, if someone deliberately or intentionally transmits the Human Immunodeficiency Virus (HIV) to a sexual partner, that person deserves legal sanction. South Africa has opted not to establish a separate set of criminal offences to criminalise HIV transmission in this context, unlike several other African countries that have established separate crimes for the intentional or negligent transmission of HIV. In South Africa, policy considerations have prompted the application of existing criminal law principles in court cases dealing with the intentional or negligent transmission of HIV to sexual partners.