The laws used to prosecute are old and blunt, not designed to manage sexual transmission of a virus, and their implementation has caused immense confusion for police, lawyers and people with HIV.
Although the law in Scotland differs from the rest of the UK, the results so far have been similar. Only a few cases reach the courts each year but many more investigations are taking place, often causing traumatic life changes for the individuals concerned.
Since the age of criminal liability is so low in the UK, it is entirely possible that a young person with HIV, who is just starting their sexual life, could face prosecution for "reckless transmission". There has already been at least one case where an underage adolescent was investigated but, thankfully, not prosecuted because transmission did not take place. Currently, HIV experts are working with the Crown Prosecution Service for England and Wales to clarify how these cases can be appropriately and sensitively managed.
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