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

Giles, C. ORCID: https://orcid.org/0000-0003-3019-9252 (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. ISSN 0022-0183

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Abstract

This 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.

Item Type:	Article
Uncontrolled Keywords:	sdg 3 - good health and well-being ,/dk/atira/pure/sustainabledevelopmentgoals/good_health_and_well_being
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	LivePure Connector
Date Deposited:	20 Aug 2026 10:41
Last Modified:	23 Aug 2026 23:02
URI:	https://ueaeprints.uea.ac.uk/id/eprint/104266
DOI:	10.1177/0022018321991097

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