Criminal law

Unprotected sex (Part 2)

When people with HIV are taking a combination therapy that works well and no HIV viruses have been detected in their blood long-term, then transmitting HIV is very unlikely.

Now, is that considered to be sufficient protection in a case brought before a court of law? Thus far, the courts have passed very different judgments in these kinds of cases. The judgments depend largely upon the independent experts who are appointed.

Some judges consider a viral load below the detection limit to be sufficient protection.

Others question whether the viral load below the detection limit is sufficient protection. If the HIV-negative partner has not been informed about the HIV infection, then the judges still classify the unprotected sex as (attempted) bodily injury.

To others, the situation looks different when both partners in a relationship are fully aware of the consequences and decide together after careful consideration not to use a condom. 

Those who want to be on the safe side of the law can record their arrangements in writing or in front of witnesses. Witnesses, for example, could be the specialist doctor or an AIDS service organization counselor.

In Switzerland, a viral load below the detection limit is already considered sufficient protection before a court of law.