Open Forum Recent South African court rulings on failing to disclose HIV status to sexual partners

Jillian B. Gardner, Siraaj Khan

About the author(s) Jillian B. Gardner, Steve Biko Centre for Bioethics, Faculty of Health Sciences, University of the Witwatersrand, Johannesburg, South Africa
Siraaj Khan, Steve Biko Centre for Bioethics, Faculty of Health Sciences, University of the Witwatersrand, Johannesburg, South Africa

In South Africa, the sexual transmission of human immunodeficiency virus (HIV) between partners is criminalised under general criminal law offences such as attempted murder, assault and rape, despite the absence of specific HIV-related legislation. Recent court cases have opened the door to securing convictions.

Contribution: These cases highlight the serious legal consequences of non-disclosure and the importance of consent to sexual intercourse. Health professionals in South Africa have a legal and ethical duty to counsel patients on HIV and may be obligated to inform patients who refuse to disclose their status to their partners about the potential legal implications under South African criminal law.

criminalisation; criminal liability; disclosure; health professional; HIV; legal obligation; partner notification; sexual transmission

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