Switzerland: Raising Doubt
SWITZERLAND: RAISING DOUBT – ARE YOU INFECTIOUS IF YOU ARE HIV-POSITIVE AND HAVE AN UNDETECTABLE VIRAL LOAD?
Recent scientific research indicates that under specific circumstances someone living with HIV may in fact not be able to sexually transmit the virus. A consensus statement from the Swiss Federal AIDS Commission in early 2008 stated that HIV-positive individuals who are on effective antiretroviral therapy [this includes having an undetectable viral load for at least 6 months, being adherent to treatment and being under medical supervision] and do not have any other sexually transmitted infections (STIs) cannot sexually transmit HIV.
This statement has implications for criminal law as it outlines that under certain circumstances a person living with HIV could not sexually transmit or expose HIV to another person – and therefore should not be prosecuted simply because they have a virus in their body.
Find out more