05143abe_al_Transmission_of_HIV___AVERT__AGAINST_CRIMINALISATION
[FOR CRIMINALISATION] To ensure that people don't believe they are immune from prosecution just because they haven't taken an HIV test, it should be possible to call an HIV positive person 'reckless' even if they have never actually had an HIV test - knowledge that they have put themselves at risk in the past should be enough to make them aware of their HIV risk and thus legally obliged to use a condom in the future. [AGAINST CRIMINALISATION] 
Prosecuting positive people for reckless transmission could well leave many afraid to be tested, believing that if they do find out their status, they could be liable to all sorts of criminal charges. Avoiding this problem by telling people they should be 'aware' of their risk even if they haven't tested for HIV is entirely unfair. It is also impossible to assess or judge how 'aware' of past risk of infection any one person is or should have been.
Criminal Transmission of HIV | AVERT
AGAINST CRIMINALISATION