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No risk, no harm should be no crime

No risk, no harm should be no crime. Legal, evidential and procedural approaches to reducing unwarranted prosecutions of people with HIV for exposure and transmission Robert James, Birkbeck College, London, UK. r.james@bbk.ac.uk. Tactics. 3 acquittals and 3 approaches Separation of powers

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No risk, no harm should be no crime

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  1. No risk, no harm should be no crime Legal, evidential and procedural approaches to reducing unwarranted prosecutions of people with HIV for exposure and transmission Robert James, Birkbeck College, London, UK r.james@bbk.ac.uk

  2. Tactics 3 acquittals and 3 approaches Separation of powers Non-definitive forensic evidence Objective risk r.james@bbk.ac.uk

  3. Separation of powers Netherlands supreme court ruling - 18 January 2005: 02659/03 IV/SB Court interprets the law but does not write the law r.james@bbk.ac.uk

  4. Non-definitive forensic evidence R v Collins August 2006, unreported Set out in English prosecutors guidance Phylogenetic analysis cannot prove who infected a person r.james@bbk.ac.uk

  5. Objective risk Geneva Court of Justice Ruling 23-02-09 Undetectable viral load = uninfectious in Switzerland Also in Netherlands Supreme Court ruling r.james@bbk.ac.uk

  6. Objective risk Garnett GP and Gazzard B. Risk of HIV transmission in discordant couples Lancet372:270-271, 2008 r.james@bbk.ac.uk

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