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Consensual Sex and HIV/AIDS (Paperback) Loot Price: R1,173
Discovery Miles 11 730
Consensual Sex and HIV/AIDS (Paperback): Mulugeta Ayalew
Consensual Sex and HIV/AIDS (Paperback): Mulugeta Ayalew

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Consensual Sex and HIV/AIDS (Paperback)

Mulugeta Ayalew

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Loot Price R1,173 Discovery Miles 11 730 | Repayment Terms: R109 pm x 12*

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Several countries have criminalized intentional and/or reckless transmission of/exposure to HIV in consensual sex. Differences among legal systems are observed on: whether exposure is enough or actual infection is required; what kinds of sexual intercourse are criminalized; whether disclosure is an affirmative defence or whether non-disclosure is a constitutive element of the crime; whether specific intent, in addition to knowledge of one's HIV-positive status, needs to be established by the prosecution; and whether use of condoms is an affirmative defence. There is no agreement either among legal commentators on what is the 'best law'. Consensual sexual relationships result in inefficiencies attributed to information asymmetry. This is characterized by a sex market wherein the participants are mainly HIV-positive. Yet, criminal law is not the optimal instrument to deal with the problem. Efficiency requires regulation of consensual relationships be left mainly to tort law. The defendant is tortiously liable only when there is infection (exposure is not sufficient). Informed consent (not use of condoms) should be a defence.


Imprint: VDM Verlag
Country of origin: Germany
Release date: 2010
First published: 2010
Authors: Mulugeta Ayalew
Dimensions: 229 x 152 x 5mm (L x W x T)
Format: Paperback - Trade
Pages: 88
ISBN-13: 978-3-639-22831-1
Barcode: 9783639228311
Categories: Promotions
Books > Law > Laws of other jurisdictions & general law > Criminal law
LSN: 3-639-22831-6

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