Title

Sex and HIV Disclosure

Document Type

Article

Publication Date

4-1-2011

ISSN

0275-0392

Publisher

American Bar Association

Language

en-US

Abstract

What do you consent to when you have sex with someone? What if the person is a new sexual partner from a night at a bar? What if the person is your spouse or long-term partner? In these two scenarios, people might understand both HIV risk and HIV disclosure differently. Close reflection demonstrates that a purportedly clear set of criminal laws rarely reflects the complexity of sexual interaction.

This article explores how the dynamics of HIV disclosure prior to sex contribute to an ongoing dialogue about disclosure and consent: Does a person have a right to know his or her sex partner’s HIV status? And does an HIV-positive person have the right to not disclose his or her status prior to sex?

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