HIV Disclosure Laws: What You Need to Know About Legal Obligations and Rights

When it comes to HIV disclosure laws, legal rules that require people living with HIV to inform sexual partners of their status before certain types of contact. Also known as HIV transmission laws, these rules exist in many countries and can carry serious penalties—even if no transmission occurs. In the UK, the law doesn’t force you to disclose your HIV status in every situation, but if you have unprotected sex and don’t tell your partner, you could be charged with reckless transmission under the Offences Against the Person Act 1861. The key issue isn’t just the virus—it’s whether a court believes you acted recklessly or intentionally.

This isn’t just about sex work—it affects anyone living with HIV. But for sex workers, the stakes are higher. Police and prosecutors sometimes use HIV disclosure as a tool to target marginalized people, even when there’s no evidence of harm. A 2020 study by the UK Positive People group found that over 60% of HIV-related prosecutions involved sex workers, despite low transmission rates and widespread use of protection. The law often ignores reality: PrEP, undetectable viral loads, and condoms make transmission extremely rare. Yet, courts still treat non-disclosure as a crime, regardless of risk.

HIV legal rights, the protections granted under human rights and health law that allow people to control their medical information and avoid discrimination. Also known as patient confidentiality rights, these include your right to keep your HIV status private unless a court orders otherwise. You can’t be forced to disclose your status to landlords, employers, or even most healthcare providers without your consent. But in sexual contexts, the law blurs the line. Some legal advocates argue that requiring disclosure without proof of intent or harm violates human rights principles. Others point out that laws like these push people away from testing and treatment—because if you don’t know your status, you can’t be prosecuted for not telling.

Then there’s sex work and HIV, the complex intersection where legal stigma, health access, and safety collide. Also known as criminalized sex work, this dynamic means many workers avoid testing or medical care out of fear that their records could be used against them in court. If you’re arrested, your medical history might be pulled into the case—even if you never disclosed your status to the client. That’s why many sex workers use legal documents like safety contracts and consent forms to protect themselves, as covered in our posts on protective legal tools. These aren’t just paperwork—they’re shields.

Knowing your rights doesn’t mean you have to disclose. It means you understand when disclosure is legally required, when it’s not, and how to respond if you’re questioned or threatened. If you’re tested and positive, you’re not legally obligated to tell every partner—but if you have sex without a condom and don’t tell, you open yourself to prosecution. The best protection? Know the law, use protection, and keep records. Many of the posts below show how sex workers use legal strategies, medical escort services, and privacy tools to stay safe without giving up control. Whether you’re a worker, a client, or just trying to understand the system, this collection gives you the facts—not the fear.