HIV Forensics II - Estimating the likelihood of recent HIV infection - Implications for criminal prosecution : NAT report
Mon, 08/08/2011 - 4:29pm
NAT launches new report on RITA testing and criminal prosecution
NAT has launched a report looking at the validity and meaning of RITA tests (Recent Infection Testing Algorithm) in the context of criminal prosecutions for HIV transmission. RITA tests estimate the likelihood that a person diagnosed HIV positive has been infected recently (usually within the previous six months).
The report, ‘Estimating the likelihood of recent HIV infection: Implications for criminal prosecution’ is aimed at professionals working in the criminal justice system and HIV specialists who may be called on as expert witnesses in criminal HIV transmission cases.
At present, no scientific test is able to conclusively state when an individual acquired HIV, but RITA testing is widely used in many countries to estimate the likelihood of recent HIV infection for public health purposes. However, the UK is the only country to communicate individual RITA test results to patients. There are laws in the UK which allow people to be prosecuted for transmitting HIV to another person, so it is important RITA tests and their limitations are fully understood and not misused in criminal proceedings.
The report details how RITA tests are not reliable as evidence of recent HIV infection for individuals in the context of criminal proceedings because they are designed to work on a population level (based on averages) rather than on an individual level. Furthermore, significant rates of false RITA test results have been reported in individuals.
Deborah Jack, Chief Executive of NAT (National AIDS Trust), comments:
‘Scientific advances such as RITA testing are extremely welcome when estimating the recency of HIV infection on a population level, especially as late diagnosis is a huge issue. However, it is crucial that the limitations of RITA tests are fully understood and are not used out of context, for example during criminal proceedings. Additionally, any clinic which delivers RITA test results to patients must ensure they clearly and effective communicate the limitations of these tests to individuals, as well as provide patients with further written information.’
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