Verdict adds to stigma of HIV, expert says

— The “circus atmosphere” surrounding the case of Steven Boone, who was convicted Wednesday of trying to kill his sexual partners with HIV, is a major setback for the prevention of the disease, says the head of infectious diseases at the University of Ottawa.

Dr. Mark Tyndall, who testified as an expert during the trial, said people should get tested for HIV and that they should disclose positive results to their partners. However, the criminalization of non-disclosure, cemented in a Supreme Court decision on the eve of the trial that all but ensured a conviction, encourages the “exact opposite,” Tyndall said.

Boone, who had unprotected sex without revealing his HIV positive status, was found guilty of attempted murder and administering a noxious substance — his semen — on three other men.

“This just sends a terrible message. Why would you want to know if you could be criminalized, if you could end up in prison for the rest of your life?” Tyndall said.

There are about 65,000 people living with HIV in Canada, but Tyndall said an additional 20 per cent don’t know they’re living with the disease.

Add in the fact that many get tested at anonymous clinics — using a number rather than a name — and the likelihood that people will choose not to disclose their status rises, he said.

The Supreme Court ruled in October that those infected with HIV must inform each sexual partner.

There is one exception — if the person is being treated and the levels of virus in their blood is so low that the risk of transmission is zero. Even in that case, a condom must be used.

Tyndall is concerned that, in a country where convictions in HIV non-disclosure cases are already on the rise, charges in circumstances where transmission is virtually non-existent will follow.