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2020 U. Oxford Hum. Rts. Hub J. 1 (2020)

handle is hein.journals/uoxhruj2020 and id is 1 raw text is: Using Science for Justice: The Implications of the Expert Consensus Statement on Zimbabwe's HIV Criminalisation Law Annabel Raw, Michaela Clayton, Tinashe Mundawawara and Lizwe Jamela* Abstract Section 79 of Zimbabwe's Criminal Law (Codification and Reform) Act [Chapter 9:23] criminalises HIV exposure and transmission. The law, and others like it, have been criticised extensively on human rights and public health grounds and on the basis that the offence is applied in a manner that is unscientific. Despite this, the Zimbabwe Constitutional Court upheld the constitutionality of the offence in 2016. This article examines the implications of the first ever global 'Expert Consensus Statement on the Science of HIV in the Context of Criminal Law' in relation to section 79 of Zimbabwe's Criminal Code. This is done to determine to what extent a scientifically accurate understanding of HIV transmission dynamics, as detailed in the Expert Consensus Statement, may impact the application of the offence and whether this may have weight in a court's assessment of the offence's constitutionality. The article finds that, if applied by lawyers, prosecutors and courts, the Expert Consensus Statement may alleviate some unjust prosecutions and convictions in guiding courts to assess evidence on HIV transmission, to draw appropriate inferences on mental elements of the offence, to recognise defences on the basis of transmission risk-reducing conduct, and to more appropriately inform the courts' assessment of the harm of HIV infection ' Annabel Raw, Southern Africa Litigation Centre, AnnabelR@salc.org.za; Michaela Clayton, AIDS and Rights Alliance for Southern Africa, michaela@arasa.org.na; Tinashe Mundawawara, Zimbabwe Lawyers for Human Rights, bhabido@gmail.com; Lizwe Jamela, Zimbabwe Lawyers for Human Rights, lizwejamela@gmail.com. Thanks to Cecile Kazatchkine for her comments on the draft.

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