A Sexual Harm? HIV Transmission, ‘Biological’ GBH and Ancillary Sentencing Provisions in England and Wales

Journal article


Giles, C. (2021). A Sexual Harm? HIV Transmission, ‘Biological’ GBH and Ancillary Sentencing Provisions in England and Wales. The Journal of Criminal Law. 85 (3), pp. 209-222. https://doi.org/10.1177/0022018321991097
AuthorsGiles, C.
AbstractThis article examines the scope and meaning of ‘sexual harm’ within the context of ancillary sentencing orders in England and Wales. It argues that the statutory definition provided in the Sexual Offences Act 2003, recently replicated in the Sentencing Act 2020, does not extend to the transmission of sexually communicable infections and that, subsequently, it is inappropriate for Sexual Harm Prevention Orders to be imposed with the aim of preventing transmissions of sexually transmitted infections (STIs). It suggests that recent case law reinforces this point and that the questions this raises reflect the broader need for further scrutiny of the aims and purposes of sentencing, and criminalisation more generally, in instances of STI transmission.
KeywordsSexual Harm Prevention Orders; Sexually Transmitted Infections; Pt 2 Sexual Offences Act 2003; Sexual Behaviour; Sentencing
Year2021
JournalThe Journal of Criminal Law
Journal citation85 (3), pp. 209-222
PublisherSAGE Publications
ISSN0022-0183
1740-5580
Digital Object Identifier (DOI)https://doi.org/10.1177/0022018321991097
Publication dates
Online08 Feb 2021
Publication process dates
Accepted06 Jan 2021
Deposited02 Feb 2021
Accepted author manuscript
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Open
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License: CC BY-NC-ND 4.0
File access level: Open

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