US: Fact sheet from the Williams Institute summarises all we know about HIV criminalisation in California

This fact sheet from The Williams Institute highlights significant findings from its research on HIV criminal laws in California. Conduct criminalized includes condomless anal or vaginal sex with intent to transmit HIV and without HIV status disclosure, as well as donation of blood, tissue, semen, or breast milk for people living with HIV (PLHIV) who know their HIV status. It also enhances the criminal penalty for PLHIV convicted of solicitation and for sexual assault crimes.

Particularly notable findings include that:

• 98% of convictions required no proof of intent to transmit HIV;

• 93% of convictions required no proof of conduct that is likely to transmit HIV;

• HIV criminal statutes disproportionately affect women, people of color, and immigrants living with HIV, and they are disparately enforced based on race/ethnicity and gender; and

• felony solicitation enforcement has disproportionate impact on LGBTQ youth and transgender women of color.

HIV Criminalization in CA- What We Know.pdf

 

US: Positive Project Update – March 2017

CHLP Authors Articles on HIV Criminalization for Special Issue of APA’s Psychology and Exchange Newsletter 

CHLP staff recently authored two articles for the March edition of the Psychology and AIDS Exchange newsletter from the American Psychological Association. This issue is dedicated to exploring the issue of criminalization of HIV exposure and transmission, and highlights the APA’s commitment to decriminalizing HIV. Executive Director Catherine Hanssens and Staff Attorney Kate Boulton wrote, “When Sex is a Crime and Spit is a Dangerous Weapon: The origins, impact and advocacy response to HIV criminal laws,” which can be read here. Deputy Director Mayo Schreiber penned “An Update on the Prosecution, Conviction and Appeal of Michael Johnson,” which can be read here.

State Advocacy Working Group Updates

CALIFORNIA

On February 6, Senator Scott Wiener (D-San Francisco) and Assemblymember Todd Gloria (D-San Diego) introduced SB 239, a bill to modernize California laws that criminalize and stigmatize people living with HIV. The bill is co-sponsored by the ACLU of California, APLA Health, Black AIDS Institute, Equality California, Lambda Legal, and Positive Women’s Network–USA. The organizations are members of Californians for HIV Criminalization Reform, a broad coalition of people living with HIV, health service providers, civil rights organizations, and public health professionals dedicated to ending the criminalization of HIV in California. The full text of the bill can be found here. On March 1, The Center for HIV Law and Policy submitted a letter in support of the bill. A hearing on the bill was held on March 28.

On March 8, Californians for HIV Criminalization Reform and the LGBT Caucus held a legislative briefing about HIV Criminalization at the State Capitol in Sacramento.

If your organization is interested in supporting modernization of California’s HIV criminal laws, we invite you to join Californians for HIV Criminalization Reform (eqca.org/chcr). Please contact brad@eqca.org or 323-848-9801 for additional information.


GEORGIA

On February 14, Representative Sharon Cooper (R-Marietta) introduced House Resolution 240, which proposed the creation of a Joint Study Committee on Reforming HIV Related Criminal Laws. However, Cooper presented a substitute on March 24 to the Special Rules committee that significantly weakened the resolution’s initial intent, shifting its focus to health care barriers for a range of chronic conditions, inclusive of HIV, rather than the stark barrier of HIV criminalization. The full text of the current resolution can be found here. On March 20, Senator Fort (D-Atlanta) introduced a parallel resolution in the Senate that proposes the creation of a Senate Study Committee to examine reform of Georgia’s HIV-specific criminal law. In addition to five state senators, that committee would include a representative from the Department of Public Health, as well as a criminal defense attorney, and a community-based HIV service provider. The full text of that resolution can be found here.

Members of the Georgia Coalition to End HIV Criminalization also engaged in advocacy at the state capitol on February 16, educating legislators about HIV criminalization and building support for HR 240.

Next Meeting: Thursday, March 23 from 4:00-6:00pm (ET)

If you are interested in joining the Georgia Coalition to End HIV Criminalization, please contact Nina Martinez (nina.i.martinez@gmail.com) or Emily Brown (emily@georgiaequality.org) for additional information.


INDIANA

HMM-Indiana is participating in Indiana HIV Advocacy Day on April 12 and will present on HIV criminalization. You can register to attend here. The Steering Committee continues to meet monthly and expand its network. HIV Advocacy Day will be on April 12 at the Indiana Statehouse from 10:00am-3:00pm.  You can register here.

Next Steering Committee Meeting: Monday, April 17

If you are interested in information about HIV criminalization in Indiana or in participating, supporting or endorsing HMM-Indiana, visit our get involved page or contact us at hmm.indiana@gmail.com


MISSOURI

On December 20, 2016, the Missouri Court of Appeals for the Eastern District overturned Michael Johnson’s conviction and remanded the case for retrial. On February 14, 2017, the State of Missouri filed an application for transfer of Michael Johnson’s case to the Missouri Supreme Court. The court’s decision on whether or not to take the case is expected in early April. Follow this link to contribute to Johnson’s legal defense fund: https://www.fundedjustice.com/freemichaeljohnson.

The Missouri HIV Justice Coalition (MO HIV JC) drafted a letter to the prosecuting attorney in Michael Johnson’s case requesting that charges not be re-filed. The plan is to submit the letter again in April —organizations that would like to sign on can still do so by contacting Ashley Quinn at ashley@empowermissouri.org .

MO HIV JC will be hosting a Train-the-Trainer event this summer, contact Ashley if you’re interested in receiving training to be equipped to educate your community about HIV criminalization in order to grow grassroots support. We need representatives from across the state and all demographics, prioritizing people living with HIV.

The St. Louis chapter of Empower Missouri is hosting an April 21 forum on the Criminalization of Poverty that will include a panelist speaking about HIV criminalization. The forum runs from 12:00pm-1:30pm at The Highlands Golf Course Inside Forest Park, and 1.5 hours of CEU credits are available. For more info or to RSVP, contact: christine@empowermissouri.org

Meetings are held on the fourth Friday of the month at 1:00pm (CT) via conference call.

If you are interested in becoming an advocate with the Missouri HIV Justice Coalition, please contact Ashley Quinn at ashley@empowermissouri.org.


OHIO

On February 8, CHLP hosted a webinar on Ohio’s HIV felonious assault statute and advocacy strategies to modernize the law. Advocates will use the presentation as a helpful starting point to develop targeted educational materials for different audiences in the state. Planning is also in progress for an in-person convening of Ohio advocates develop an advocacy strategy and focus on expansion of the coalition.

On February 21, advocate Steve Arrington organized a presentation on HIV criminalization for the Ohio Black Women’s Leadership Caucus. The AIDS Taskforce of Greater Cleveland organized a March 10 legislative luncheon to introduce policymakers to the issue of HIV criminalization in the state of Ohio. Ohio advocates and PJP are also in the process of planning a May forum on HIV criminalization that will take place in Columbus, Ohio. More details will be available soon.

The Ohio Recodification Committee reconvened and examined proposed amendments to Ohio’s HIV criminal law on March 2. The Committee will vote on the amendments at a later date.

Next meeting: Wednesday, April 12 at 5:00pm (ET)

If you would like information on HIV Criminalization or are interested in becoming an advocate with the Ohio HIV Criminalization Working Group, contact Kate Boulton at kboulton@hivlawandpolicy.org.


SOUTH CAROLINA

The South Carolina HIV Task Force (SCHTF) held its first 2017 quarterly meeting on February 7 at the Lions Street Student Center in Columbia. The event focused on priority areas of advocacy over the next year and also included a presentation on HIV criminalization in the state. SCHTF also reached out to some legislators to start identifying allies who can support modernization efforts.

The working group is currently in the early stages of planning an in-person meeting so that key stakeholders can come together and develop an advocacy strategy and focus on expansion of the coalition.

Meetings are held on the second Thursday of the month at 2:00pm (ET).

If you would like information on HIV Criminalization or are interested in becoming an advocate with the PJP SC Law Modernization Group, please contact Kate Boulton at kboulton@hivlawandpolicy.org.


TENNESSEE

The Working Group learned in early January that the prospective legislative sponsor for their modernization bill did not want to move forward with the bill this year, but has assured advocates he will support the bill next year. The Working Group will be focusing its energy on outreach and education over the next year to further strengthen its coalition and build support for modernization. Members of the Working Group attended Day on the Hill at the state capitol in February and reported that several legislators are receptive to the idea of supporting a modernization bill next year.

Next Meeting: Thursday, April 27 at 12:00pm (ET)

If you would like information on HIV criminalization or are interested in becoming an advocate with the PJP TN Working Group, please contact Kate Boulton at kboulton@hivlawandpolicy.org.


TEXAS

Advocates convened monthly through March and participated in HIV Advocacy Day at the state capitol on February 28. In mid-December, a bill was proposed to create a new offense of Indecent Assault. Although bill sponsors emphasized that the bill is merely an anti-groping law, advocates had concerns about how language in the proposed bill could have unintended consequences for PLHIV. Advocates were able to meet with legislators, who agreed to include language clarifying the bill’s legislative intent.

Lacresha Craig remains in the Dallas County jail and there is has been no response from the Dallas District Attorney (DA) to a letter sent by advocates at the end of last year. Advocates agreed during their last call to draft an op-ed highlighting the injustice of Craig’s case, and will continue reaching out to the DA.

Meetings are held on the third Friday of the month at 1:00pm (CT).

If you are interested in information about HIV criminalization or actively participating in the Texas HIV Working Group, please contact Kate Boulton at kboulton@hivlawandpolicy.org

CHLP’s assistance in criminal cases includes counseling defendants and their families, referring defendants to attorneys, providing legal and trial strategy support to criminal defense attorneys, identifying and assisting with preparation of medical and scientific experts, drafting sections of court submissions, and submitting friend-of-the-court briefs.

MISSOURI

On December 20, 2016, the Missouri Court of Appeals for the Eastern District overturned Michael Johnson’s conviction and remanded the case for retrial. On February 14, 2017, the State of Missouri filed an application for transfer of Johnson’s case to the Missouri Supreme Court. If the court rejects the case, then it will be remanded for retrial, as decided by the Court of Appeals last year, meaning the prosecution can pursue a new trial or drop the case. If the court accepts the case, there will be an opportunity for briefing, oral argument, and then a decision after that, which could take several months. Stay informed on developments in this case with our newly updated fact sheet and case timeline, which can be found here.


OHIO

Orlando Batista was indicted for felonious assault in July 2014 for allegedly engaging in sexual conduct with his girlfriend without first disclosing his HIV status. After the trial court rejected his motion to dismiss, Batista pleaded no contest and the court sentenced him to the maximum term of eight years. In October 2016, the Supreme Court of Ohio accepted his appeal for review. In December 2016, CHLP, with support from the Gibbons P.C. law firm and the Ohio Public Defender, along with seven Ohio-based and national HIV, LGBT, health professional and criminal justice organizations, submitted a friend-of-the-court brief in support of Batista to the Supreme Court of Ohio, challenging the Ohio felonious assault statute on the grounds that it violated the Constitutional Guarantee of Equal Protection and federal prohibitions against discrimination on the basis of disabilities. The ACLU of Ohio Foundation and Center for Constitutional Rights submitted a separate friend-of-the-court brief based on First Amendment grounds. Both Batista and the State of Ohio have submitted merit briefs for the court’s consideration. The Ohio Attorney General submitted a friend-of-the-court brief in support of the State of Ohio. A decision from the court is expected in 2017.

If you are aware of anyone charged in an HIV exposure or transmission case, please refer them to our website, www.hivlawandpolicy.org, and/or have them or their lawyer contact CHLP for assistance at 212-430-6733 or pjp@hivlawandpolicy.org.

"HIV can be prevented or it can be prosecuted, but not both" writes Sean Strub in a new book on the war and stigmatisation of sex

HIV: Prosecution or Prevention? HIV Is Not a Crime

A chapter from the book The War on Sex edited by David M. Halperin and Trevor Hoppe.

Iowan Nick Rhoades is HIV-positive and has had an undetectable viral load for many years, making it virtually impossible for him to sexually transmit the virus. When he had sex with a man he met online in 2008, he also used a condom. Despite these protective measures, Rhoades was prosecuted and convicted for not disclosing his HIV status to his partner before they had sex. He was sentenced to 25 years in prison and lifetime sex offender registration.

Willy Campbell is serving 35 years in Texas for spitting at a police officer; David Plunkett served over six years in a New York state prison before an appeals court ruled that saliva could not be considered a “deadly weapon” in New York State. Monique Howell Moree was charged by the U.S. Army for failing to disclosure her HIV-positive status to a partner in South Carolina before having sex with him, even though the partner said he didn’t want her charged and that she told him to use a condom. Kerry Thomas is serving 30 years in Idaho, even though his accuser agrees that he always used a condom.

All over the United States — and in much of the world — people living with HIV/AIDS (PLHIV) are facing criminal penalties for nondisclosure of their HIV status prior to having sex or for perceived or possible exposure to, or transmission of, HIV. About two-thirds of U.S. states have HIV-specific criminal statutes, laws that only apply to PLHIV.

Most people believe the law should apply equally to all and that creating different statutes for different parts of society based on immutable characteristics — whether it is gender, sexual orientation, race, physical ability, or genetic makeup — is a bad idea. Yet here we are doing exactly that, creating a viral underclass in the law with one group singled out for different treatment.

Sero Project, a network of PLHIV combating HIV criminalization, has documented more than 1,300 instances of charges led under HIV-specific statutes. But HIV criminalization isn’t constrained by geography; in every state, regardless of whether there is an HIV-specific statute, PLHIV can and often do face more serious charges or harsher sentencing under regular criminal statutes than do HIV-negative individuals accused of the same crimes. Texas and New York do not have HIV-specific statutes, but as mentioned, have incarcerated PLHIV because they considered their saliva dangerous.

These statutes and prosecutions create an illusion of safety for those who do not have HIV or do not know their HIV status, putting the entire burden of HIV prevention on those who have been tested and know they have HIV. The statutes undercut the fundamental public health message that HIV prevention is a shared responsibility and that everyone should act in such a way as to maintain their own health and protect themselves from contracting HIV or other sexually transmitted infections.

Decades-long sentencing and required sex offender registration are not unusual punishments for HIV-related crimes in the United States, even though actual HIV transmission is seldom (less than 5 percent of cases) a factor in these prosecutions. Many cases boil down to whether the PLHIV can prove they disclosed their status to their partners in advance of intimate physical contact; it doesn’t matter whether there was even a risk of HIV transmission. People living with HIV charged under prostitution or assault statutes frequently face significantly more severe penalties solely because they have HIV. They sometimes face charges for spitting, scratching, or biting that are “pile-on” charges, driven by accusations made by law enforcement, first responders, or prison guards.

The first HIV criminalization laws in the United States were passed in the late 1980s and early ’90s, largely in response to a provision of the Ryan White Care Act that required states, in order to qualify for funding, to demonstrate an ability to prosecute what was then labeled “intentional transmission.” At the time many considered any intimate contact with an HIV-positive person a life-threatening risk; contracting HIV was believed by many to be tantamount to a death sentence.

A second wave of statutes was enacted after the introduction of combination therapy in the mid-1990s, which fundamentally changed what an HIV-positive diagnosis meant. What was once thought a death sentence had become a chronic but manageable long-term health condition.

As it became understood that PLHIV were surviving much longer, the public’s perception of PLHIV also changed. Rather than objects of pity facing a “death sentence,” PLHIV became seen as viral vectors, potential infectors — an inherent threat to society. Living longer meant PLHIV would be around longer to infect others.

The criminal justice and public health systems began to define and treat PLHIV as a dangerous population, one that needed to be sought out, tracked down, tested, reported, listed, tagged, monitored, regulated, and, increasingly, criminalized.

While the statutes were used in the early years disproportionately often against heterosexual African American men (often in conjunction with other criminal charges), today they are used more broadly, typically in circumstances where there was no intent to harm, often when there was no other crime involved, and frequently for behaviors that pose no or little risk of HIV transmission.

Beyond the blatant injustice, HIV criminalization is also horrible public health policy, because it discourages people at risk from getting tested for HIV and makes those who do test positive less trustful of public health authorities.

To be liable for prosecution, one must get tested for HIV and know one’s HIV status. Current HIV criminalization punishes this responsible behavior — getting tested — and privileges the ignorance of not knowing one’s HIV status. Yet new cases of HIV are transmitted in disproportionate numbers by those who have not been tested and do not know they have it; those who do get tested and know they have HIV are far less likely to transmit HIV than those with HIV who do not know it.

Although the HIV-specific statutes were passed by state legislatures with the intent to reduce HIV transmission, the evidence increasingly shows that the statutes may be having the reverse effect.

The Sero Project’s 2012 survey of more than 2,000 PLHIV in the United States revealed that at least 25 percent of the respondents knew one or more individuals who were afraid to get tested for fear of facing criminalization. Research has shown that HIV criminalization makes those who do test positive for HIV less likely to cooperate with traditional disease prevention measures, like partner notification programs, or with treatment adherence programs. Most recently, a study found that HIV-negative gay men who knew they lived in a state with an HIV criminalization statute were more likely to engage in unprotected intercourse.

Repeal of HIV criminalization statutes is necessary both to protect the rights of people with HIV and to reduce the transmission of HIV.

An individual who demonstrates a premeditated malicious intent to harm another person can be prosecuted under existing assault statutes, whether they use a gun, a baseball bat, their fists, or a virus. The HIV-specific statutes are unnecessary and, worse yet, they stigmatize people with HIV/AIDS, discourage people at risk from accessing testing and treatment services, and feed a public bloodlust for punishment. In short, they are worsening the epidemic.

The prevention of HIV — or preventing any sexually transmitted infection — is a shared responsibility, but that does not mean there is not harm inflicted when someone misleads another person and transmits an infectious disease. In those circumstances, the injured party may seek recourse in the civil courts or possibly through a restorative justice process.

In any case, incarceration of PLHIV does not necessarily prevent further HIV transmission, as there is significant HIV transmission within penal environments, where condoms are seldom available.

Advocacy to repeal HIV-specific statutes, modernize public health statutes concerning perceived or possible exposure to, or transmission of, HIV and other infectious diseases, and educate law enforcement, prosecutors, and other actors in the criminal justice system has been under way for several years.

A network of survivors of HIV criminalization prosecutions, launched in 2010, has helped to educate and mobilize affected communities. This HIV criminalization reform advocacy has received support from public health professionals and policy leaders, including the Presidential Advisory Council on HIV/AIDS, the National Alliance of State and Territorial AIDS Directors, UNAIDS, and the American Medical Association.

The first national conference on HIV criminalization in the United States was held in June 2014 at Grinnell College in Grinnell, Iowa. Organized primarily by PLHIV — including participation by a dozen PLHIV who had been prosecuted for “HIV crimes” — the conference included participants from 28 states. It focused on how HIV criminalization affects communities of color, transgender women, sex workers, and gay men. It also showed the impact of HIV criminalization on how members of those communities (and others) access HIV prevention, testing, and treatment and whether they decide to disclose their HIV status. Finally, the conference highlighted effective strategies for reform.

The only state, so far, to modernize their statute substantively in recent years has been Iowa, where the conference was held. After a four-year education and lobbying effort led by Nick Rhoades and other PLHIV in the state, the Iowa legislature repealed its HIV-specific statute in 2014. The legislature replaced it with a new statute that addressed several infectious diseases, required a higher standard of intent to harm, and established tiered punishments. Similar efforts are under way in about a dozen states. A few weeks later, the Iowa Supreme Court overturned Rhoades’s conviction and removed the sex offender registration requirement for all others previously convicted under the Iowa statute.

HIV criminalization is an extreme manifestation of stigma. That is particularly true of HIV-specific statutes that create a viral underclass in the law, establishing a different criminal law for one segment of society based on an immutable characteristic. Despite the biomedical advances in the treatment of HIV, HIV-related stigma remains stubborn, driven in significant part by HIV criminalization.

It is time we learned a basic lesson: HIV can be prevented or it can be prosecuted, but not both.

 

US: On-going research project shows strong regional and gender differences in the 99 HIV criminalisation convictions in Florida since 1995

HIV Criminalization Convictions in Florida from 1995 to 2016

In the 21 years from 1995 to 2016, Florida convicted 99 people under HIV criminalization laws. These 99 convictions differed by region. For example, Miami-Dade County had only one conviction, but the Jacksonville area had 31. These differences could result from differences in behavior, in prosecutor attitudes, or in local political culture.

Florida obtained convictions for 53 women and 46 men over these 21 years. Women accounted for 28 percent of all people living with HIV (PLWH) in Florida in 2014. In contrast, women accounted for 54 percent of those convicted under these HIV laws. Despite the argument that these laws protect women, Florida has convicted more women than men. Among current inmates, however, women constitute 17 percent of HIV convictions. As of January 1, 2017, Florida’s prisons hold 24 people convicted under these laws: 20 men and 4 women.

Sexual orientation and gender identity data were not available.

Over these 21 years, racial data showed a strange pattern. About 56 percent of those convicted were Blacks, 1 percent Latino, and 43 percent White. In 2014, the HIV epidemic in Florida showed a different pattern. About 47 percent of PLWH were Black, 21 percent Latino, 30 percent White, and 2 percent “other.” The low number of convicted Latinos may result from confusion between “racial” and “ethnic” identities. Several “White” inmates had Spanish-language names and “appeared” Latino in their mug shots.

Regional Differences

The Health Resources Services Administration has identified those areas with large numbers of PLWH, as Eligible Metropolitan Areas (EMAs). Florida has six EMAs. The Jacksonville EMA consists of Clay, Duval, Nassau, and St. John’s Counties. The Orlando EMA consists of Lake, Orange, Osceola, and Seminole Counties. The Tampa EMA consists of Hernando, Hillsborough, Pasco, and Pinellas Counties. While these three EMAs contain multiple counties, each of the three other EMAs contains only one county. Broward, Miami-Dade, and Palm Beach Counties each form their own EMA.

As shown in the chart “HIV Criminalization Convictions in Florida 1995 to 2016 Differ by Region,” these EMAs differ in their conviction rates. Two EMAs, Tampa and Jacksonville, accounted for 57 percent of convictions, over these 21 years. These two EMAs, however, did not have the largest number of PLWH among the six EMAs.

Florida has 67 counties. Together all six EMAs contain 15 counties and have convicted 76 people. Of the remaining 52 counties, 10 counties have convicted 23 people under these HIV laws. While every county in Florida has at least one PLWH, only 25 counties have convicted people under these laws.

Male / Female differences

In a binary system of gender, over-representation of women requires an under-representation of men. This may result from confusion about the legal definition of “sexual intercourse” in Florida. Florida courts have issued conflicting rulings about whether the legal term “sexual intercourse” includes anal intercourse. The Florida Supreme Court heard arguments about this issue in 2014, but has yet to rule. Prosecutors may be reluctant to bring a male-male HIV criminalization case to trial until that matter is resolved.

HIV criminalization laws over these 21 years have resulted in few convictions. That could change drastically, if the legal definition of “sexual intercourse” were to include anal intercourse.

The Florida HIV Justice Coalition has posted a Sign-on Statement to fight to modernize HIV criminalization laws. To sign-on is also the first step to becoming involved in that effort.

Please visit https://docs.google.com/forms/d/1UcFGh3A_nyeX0A3GdFWJApr830KrZ2hMTeguklWN3vM/prefill or Bit.ly/2leC1wx

For more on the legal question of whether anal intercourse constitutes “sexual intercourse” under Florida law, please visit http://southfloridagaynews.com/Local/is-supreme-court-s-same-sex-hiv-disclosure-ruling-on-its-way.html or http://bit.ly/2mqezML

This article is part of an on-going research project into HIV Criminalization in Florida.

Published in SFGN on March 24, 2017

US: PWN-USA publishes framework to assert and celebrate the bodily autonomy of all women and girls, including the right to enjoy sex free from fear of HIV Criminalisation

Bodily Autonomy: A Framework to Guide Our Future

Download the printer-friendly PDF version.

Watch the recorded webinar here.

Bodily autonomy is the simple but radical concept that individuals have the right to control what does and does not happen to our bodies. When we have full bodily autonomy, not only are we empowered to make decisions about our health and future – without coercion or control by others – we also have the support and resources needed to meaningfully carry out these decisions.

The concept of bodily autonomy is central to Positive Women’s Network – USA’s vision of a world where all women and girls living with HIV can lead long, healthy, dignified and productive lives, free from stigma, discrimination, and violence in all forms. In this era of increasing surveillance and political repression, hate-fueled violence, and attempts to further restrict reproductive rights and freedom of movement, we assert the fundamental rights of all people, and in particular for women and folks of trans experience living with HIV, to control our bodies and futures. When women and girls living with HIV are free, all of us will be free.

In the U.S. context, the bodies, sexuality, reproduction, and movement of women of color have been controlled and policedfor hundreds of years, often violently and at a great cost to our rights. Today, for women and girls living with HIV, who areprimarily from communities of color, HIV stigma, misogyny, transphobia, and racism intersect to magnify attacks on our rights from all fronts. Yet we know that our human rights should never be conditioned on HIV status, race, ethnicity, sex, gender expression or identity, or any other aspect of who we are.

Bodily Autonomy Means:

Freedom from all forms of state violence.

Women and girls living with HIV deserve a world where our bodies are not threatened by state violence and brutality, and where our physical safety is protected.

This includes:

Ability to control our labor without exploitation, harassment, or policing.

All women and girls living with HIV deserve to control and be compensated fairly for our labor.

This includes:

  • Earning a living wage and receiving equal pay, without discrimination or coercion.
  • The ability to take time off from work without fear of retaliation or losing our jobs, including paid sick leave, family leave, and disability leave.
  • The right to organize in our workplaces to leverage better wages, benefits and working conditions, including forming or joining a union.
  • Those of us who engage in sex work, which is a form of labor, should be able to do so safely and without criminalization, with access to the support and resources we need to stay healthy, and without fear of violence, stigma, or harassment.
  • The ability to work without losing benefits, like health care coverage and supplemental income, that may be needed to maintain a decent quality of life.

Freedom to migrate and move within and across borders.

All women and girls living with HIV deserve to travel and live in a place that is safe and welcoming, regardless of immigration status or religion.

This includes:

  • The right to seek refuge and asylum from conditions that are physically, economically, or otherwise insecure or unsafe.
  • Staying together as a family without fear of losing a parent, child, or loved one to deportation.
  • The right to return to our country of origin if we choose.
  • The right to move around freely, without fear of profiling, detention, or harassment based on perceived immigration status.
  • The ability to enjoy the same legal rights and protections as other members of society, without regard to immigration status or previous contact with the criminal justice system.
  • The ability to access education, employment, healthcare and other opportunities in our country of residence, regardless of legal status.
  • The right to accessible, culturally and linguistically relevant public services and benefits without discrimination or government reprisal.

Freedom to express our gender and sexual orientation in a way that affirms who we are.

Women and girls living with HIV deserve to live authentically, and to express our gender and sexual orientation freely.

This includes:

  • The ability for our bodies to exist in public in a way that is comfortable for us, without being subject to homophobic or transphobic harassment, threats, or violence.
  • Recognition of our gender identity by the state and all social, political, economic, and community institutions with which we interact.
  • Health care responsive to people of all genders, and the employment opportunities, public benefits, and services necessary to thrive with dignity.
  • Support, respect and protection for the relationships and families we form.

    Freedom to choose whether or not, when, and how to form families and raise children.

    All women and girls living with HIV deserve to decide for ourselves whether or not, when, and how we will form families and raise children, regardless of age, income, disability, gender identity or expression, or sexual orientation.

    This includes:

Resources, tools, and ability to make empowered and informed decisions about sex and relationships.

All women and girls living with HIV deserve to control our sexual lives, and should have the resources we need to support pleasurable and healthy sex and relationships.

This includes:

Access to the care and services necessary to keep our bodies, minds and spirits healthy and whole.

All women and girls living with HIV deserve to receive care and services that support holistic wellness – emotionally, physically, psychologically and spiritually.

This includes:

  • Affordable, accessible, trauma-informed and culturally-competent health care, including gender-affirming health care and hormones.
  • The right to refuse medical care that does not affirm us or make us feel whole.
  • Adequate nutrition and food security.
  • Freedom to practice our faith without fear of harassment, discrimination, or violence.
  • Safe, affordable, and stable housing.
  • Mental, emotional, and spiritual support services.
  • Access to harm reduction programs, safe injection sites and equipment, and overdose prevention resources for people who use drugs.

Download the printer-friendly PDF version of this framework here.

US: Positive Women's Network USA – January 2017 Newsletter

2017: Ready for the Fight of Our Lives
The first steps toward repeal of the Affordable Care Act have already been taken by the new Republican-led Congress. A bill that would effectively ban all abortions has already been introduced into the U.S. House of Representatives by Rep. Steve King (R-IA). Confirmation hearings are underway for Sen. Jefferson Sessions (R-AL)–a far-right legislator with a very poor record on women’s rights and civil rights, including voting rights, as well as a documented history of making racist remarks–for Attorney General, and for Rep. Tom Price (R-GA)–another far-right legislator who has a record of opposing health care reforms that benefit low-income people and of opposing women’s health care rights and access, as well as conflicts of interest in the same area–for Secretary of Health and Human Services.

 
And all of this is happening even before the inauguration of a president who ran a campaign of open misogyny, racism, xenophobia and intolerance. 
 
At PWN-USA, we know that the road ahead is long and fraught with challenges. The threats to the health, life and liberty of many of us–as well as to the fabric of our democracy–are real and are unfolding around us in real time. But we also know that our community is strong, resilient and accustomed to resistance in the face of oppression. We started 2017 with a game plan–one that is incomplete and evolving day by day, but which has some specific commitments and initiatives to strengthen our community and the effectiveness of our fight against these attacks.
  • This Tuesday, we launched our new weekly PWN Action Alerts to help our members and allies stay up to date on the latest critical developments and take action quickly and easily in different ways, whether by phone, email, social media or in person.
  • We are excited to announce our brand new PWN Policy Fellows Program, an innovative fellowship that will help women living with HIV become even fiercer leaders and advocates on the issues that matter most to us.
  • An anti-racism affinity group that came together at the 2016 Speak Up! Summit is developing an anti-racism curriculum, with a webinar series and discussion groups meeting monthly, to help white members and non-Black people of color more effectively get involved in the fight for racial justice in the Trump era. The first webinar was held Tuesday evening; more will be announced soon.
  • We will be holding three new series of webinars–in strategic communications, policy and regional organizing–to help PWN members hone their skills in fighting for justice, liberty and bodily autonomy.

Still more is coming soon. Stay tuned–and stay vigilant! We will be doing our best to keep you up-to-date and help you take action. We hope we can count on your support and your voice throughout the days, weeks and months to come. Our victory depends on all of us.

Become a PWN-USA Policy Fellow!

Positive Women’s Network – USA is proud to launch applications for our inaugural Policy Fellowship for Women Living with HIV (WLHIV). The yearlong Policy Fellowship will prepare and involve WLHIV in all levels of policy and decision-making by increasing participants’ ability to engage effectively in the federal policy and advocacy arena. In the current political environment marred by threats to sexual and reproductive rights, basic health care access, the social safety net, and civil and human rights, it is critical that WLHIV are equipped with a wide array of tools to support vibrant, visionary and strategic advocacy on behalf of their communities.

This one-year fellowship is open to all women living with HIV, including women of trans experience. We especially encourage young women, women of color, immigrant women, folks who are trans, LGB and gender non-conforming, who live in the South and who possess a strong desire to effect meaningful change in the lives of other WLHIV to apply.

The fellowship curriculum will be rooted within a social justice framework and will apply an explicit gender justice and racial justice lens to the policy and advocacy process as a vehicle for transformative social and political change. Fellows will receive coaching and mentoring to support their policy advocacy goals, opportunities to attend policy meetings (in person and via conference call), opportunities to engage with national advocacy coalitions, and access to policy experts. Additionally, fellows will have the opportunity to obtain and apply marketable writing, research and organizing skills to support their professional development. Fellows who graduate successfully will receive a certificate at the end of the program and their registration fees for the 2018 SPEAK UP! Summit will be waived.

 
We will be holding an informational webinar about the application process on Friday, Jan. 27, at 3 PM EST/12 PM PST–register here!
Staying Positive:

Women Living with HIV Speak Out Against Stigma
On World AIDS Day 2016, women living with HIV in Colorado publicly shared short videos they created in partnership with the StoryCenter. PWN-USA is proud and pleased to roll out these incredibly powerful and moving videos in 2017 as we fight stigma and highlight the resilience and fierceness of women living with HIV in the U.S.

We will be sharing one to three of these videos in each of our biweekly e-newsletters! Today, enjoy Barb’s story,You Don’t Know Me.

 
“I gave my power away. I let others determine what was pretty, what was worth complimenting…I gave my power away with both hands to people who didn’t even really want it, to people who didn’t have my best interests at heart. In my search to fit in, I allowed. I allowed it all. Why do we give our power away, when we can be so powerful?”
From PWN-USA Colorado co-chairs Kari Hartel and Barb Cardell: 
Last spring, the StoryCenter began to search the community in the Denver Metro-Area for partners to create some short videos of people living with HIV. PWN-USA Colorado co-chair Kari Hartel was able to attend an informational meeting and asked that a workshop be dedicated to women living with HIV. A month later, the Empowerment Program, a local agency that has been serving women, mostly those who are low-income and highly marginalized, joined in the collaboration; the Staying Positive project was born. Staff from Empowerment’s Women’s AIDS Project and PWN-USA Colorado leaders began working with women living with HIV to identify those who wanted to participate in the StoryCenter workshop. There was so much excitement about the project that two workshops were created, one in May and one in July.
 
18 women living with HIV were able to participate and the Staying Positive project took flight.

These workshops were transformational for many members. The process for each woman to create her own video from start to finish was very intensive and the bonds that were formed during the workshops will likely continue for a lifetime. We are so thankful to the StoryCenter for their amazing work in giving people a driver’s seat and a platform to tell their own stories.”

PWN-USA at Creating Change!

PWN staff members Waheedah Shabazz-El and Cammie Dodson will be presenting at the Creating Change Conference at the Philadelphia Marriott Downtown in Philadelphia, PA, on Friday, January 19th. The workshop will provide an overview of HIV criminalization throughout the country and its impact on people living with HIV, especially women and LGBTQ people of color. The session will focus on the intersection between criminalization and violence against women living with HIV, and will highlight local and national efforts to repeal, reform, and abolish HIV criminal laws. Participants will have the opportunity to develop strategies to strengthen advocacy efforts in their home states and lift the work of grassroots organizations in their communities. We hope to see you there!

Session Details

“Decriminalizing HIV, Decriminalizing Bodies: From the grassroots to the capitol”

Workshop Session 3 (Friday, 3:00 – 4:30 pm)

Room 305 (3rd Floor)

Read, Listen, Organize!
Want to be more active in the resistance, but not sure how or where to get started?
  • Keep an eye out for your weekly PWN Action Alert! We will offer you plenty of ways to get involved, from marching in the streets to making phone calls.
  • Are you attending the Women’s March or one of the Sister Marches, or an inauguration protest? Send your photos, videos and/or blogs to jsmithcamejo@pwn-usa.org to share through our social media, website and these newsletters!

US: Positive Project Update – January 2017

Federal Advocacy

Federal Criminal Justice Working Group Meets

The quarterly meeting of the LGBT/HIV Federal Criminal Justice Working Group (“working group”) took place in Washington, D.C. in December. Members strategized on how to respond to the incoming Trump administration, discussed the new Congress and possible implications for criminal justice, and participated in a variety of ancillary meetings with agency officials. Highlights included meeting with the Bureau of Prisons to identify ways in which sexual health and sexual health literacy can be improved for all prisoners, regardless of sexual orientation or gender identity. The discussion followed from CHLP’s detailed memo to BOP officials on ways the Bureau can update current program statements to meet the basic sexual health needs of all federal prisoners without the need for any change in current law or regulations. The next in-person meeting of the working group is in March 2017.

State Advocacy

State Forums Now Online

The PJP Online State Forums went live on November 15Hosted on the Center for HIV Law and Policy’s website, the forums provide a space for state advocates to communicate, exchange information, share resources, and work collectively on projects, drafts, and other materials. The forums can be accessed here. The page also provides a link for anyone interested in joining a PJP State Working Group to apply for membership.

State Advocacy Working Group Updates

CALIFORNIA

On November 16, Californians for HIV Criminalization Reform (CHCR) hosted an event at the West Hollywood City Council Chambers featuring stories from people directly affected by HIV criminalization to educate the community about HIV criminal laws and build support for eliminating these laws. Panelists included West Hollywood City Councilmember John Duran, who is living with HIV, who spoke about his work as an attorney defending people facing prosecution under California’s HIV criminal laws. Robin Barkins and Nestor Rogel spoke about the impact of criminalization on people living with HIV. Gerald Garth and Jorge Diaz, from Black AIDS Institute and Bienestar, talked about the HIV epidemic among Black and Latino gay and bisexual men. And the Los Angeles HIV Law and Policy Project presented data from a 2016 Williams Institute study showing that sex workers in particular, along with people of color, are disproportionately affected by HIV criminal prosecutions in California.In related news, Equality California is finishing up a messaging survey of California residents on HIV criminalization in that state.  We likely will be able to report on the key findings from their survey in our next PJP Update, so stay tuned.

CHCR is planning a legislative briefing in Sacramento in February with the California Legislative LGBT Caucus. The briefing will feature testimony from expert witnesses as well as individuals directly and indirectly affected by HIV criminalization in the state. It will be free and open to the public.

For more information or if you are interested in joining Californians for HIV Criminalization Reform, please contact Craig Pulsipher at cpulsipher@apla.org.


GEORGIA

On November 30, the Coalition to End HIV Criminalization in Georgia participated in a World AIDS Day panel hosted by Georgia Equality, SisterLove and The Counter Narrative Project in Atlanta.The panel looked at Georgia’s HIV criminal law, the impact it has on the lives of PLHIV, and the coalition’s efforts to reform the law. Coalition member and panelist Nina Martinez examined mandatory HIV disclosure laws and their impact on the risk of intimate partner violence for PLHIV. Held at Gallery 874, the panel discussion coincided with the “Living With” art exhibit, which featured art about the experiences of PLHIV.

The Coalition is reaching out to legislators to identify potential sponsors for a bill to reform the state’s HIV criminal law.

If you are interested in becoming an advocate to help change Georgia’s HIV Criminal Law, please contact CHLP’s Sr. Community Outreach Specialist for PJP, Lauren Fanning, at lfanning@hivlawandpolicy.org.


INDIANA

HIV Modernization Movement-Indiana (HMM) recently completed a short survey of Indiana-area HIV service providers that assessed provider knowledge around Indiana’s HIV criminal laws. It also assessed provider attitudes about how policies that require them to counsel their patients/clients about the disclosure law affect care delivery. HMM reports that an impressive 171 providers participated. The HMM Steering Committee continues to meet monthly and expand its network. It also has begun to educate key stakeholders about HIV criminalization and efforts underway to modernize Indiana laws.

Next Meeting: Mid-January (TBD) 

If you are interested in information about HIV criminalization in Indiana or in participating, supporting or endorsing HMM-Indiana, visit our get involved page or contact steering committee members at hmm.indiana@gmail.com


MISSOURI

The Missouri HIV Justice Coalition (HIVJC) announced its commitment to combat HIV criminalization in Missouri at a World AIDS Day Conference in Kansas City on December 1, 2016. Coalition members conducted outreach resulting in a number of new active participants, allies and partner groups. HIVJC also held a co-sponsored community discussion, Stand Up and Speak Out. Panelists included Robert Suttle, SERO Project; Tusday Dudly, Kansas City CARE Clinic; Randall Jenson, Artist, SocialScope Productions; and Kris Wade, The Justice Project. They addressed the consequences of HIV criminalization and actions attendees could take to change the law. Co-sponsors of the event included Empower Missouri, UMKC Pride Alliance, Social Scope Productions, and UMKC/LGBTQIA.

HIVJC intends to expand their coalition to include those who focus on racial justice and members of faith communities more directly in the work to modernize Georgia’s law.

Next Meeting: Friday, January 27 at 1:00pm (CT)

Meetings are held on the second and fourth Friday of the month.

If you would like information on HIV Criminalization or are interested in becoming an advocate with the Missouri HIV Justice Coalition Working Group, please contact Ashley Quinn at ashley@empowermissouri.org or Stephen Williams atswilliams@hivlawandpolicy.org.OHIO

On December 3, the Akron AIDS Collaborative held a World AIDS Day Community Forum, hosted by the Northeast Ohio Regional Advisory Group at the Akron Urban League. The event was sponsored by AIDS Healthcare Foundation. Presenters included: Lillie Jackson Tisdale (President, National Association of Black Social Workers), Naimah O’Neal (The Ohio Working Group for HIV Decriminalization), Ted Thompson, and Kate Boulton (Staff Attorney, Center for HIV Law and Policy). The forum focused on advancements in HIV/AIDS prevention and treatment, including the science of HIV transmission, as well as the role of stigma in undermining an effective public health response to HIV. Presenters also described the state of the law in the Ohio, recent prosecutions, and current efforts at modernization. The role of Ohio’s Criminal Justice Recodification Committee was also highlighted. Attendees included representatives of the Ohio Black Women’s Leadership Caucus and the AIDS Taskforce of Greater Cleveland. Thanks to Steve Arrington for his dedicated work to make this event possible.

Next Meeting: Wednesday, February 8 at 5:00pm (ET)

If you would like information on HIV Criminalization or are interested in becoming an advocate with the Ohio HIV Criminalization Working Group, please contact Lauren Fanning at lfanning@hivlawandpolicy.org.

SOUTH CAROLINA

The PJP South Carolina Law Modernization Group convened in November and December. The group has gradually increased its membership and reached consensus on the use of PJP Guiding Principles in their advocacy plan. The group is working on messaging and talking points and continued expansion of their coalition.

Next Meeting:  Thursday, February 9 at 2:00pm (ET)

Meetings are held on the second Thursday of the month.

If you would like information on HIV Criminalization or are interested in becoming an advocate with the PJP SC Law Modernization Group, please contact Stephen Williams at swilliams@hivlawandpolicy.org.


TENNESSEE

On December 16, several local advocates and CHLP’s Lauren Fanning met for an in-person strategy meeting in preparation for the 2017 legislative session that opens January 10. Using Larry Frampton’s (NashvilleCares) extensive policy and legislative experience in Tennessee, as well as key PJP planning and guidance resources, the group reviewed its progress, identified key stakeholders and individuals who are not yet engaged, and created a detailed work plan for introduction of a bill and to guide its advocacy moving forward. The draft bill was developed with the assistance of Mayo Schreiber, CHLP Deputy Director, and the group has identified several potential sponsors, including both state senators and representatives. More Tennessee advocates and organizers are needed and welcome!

On February 21, Tennessee AIDS Advocacy Network (TAAN) will hold its annual Day on the Hill, which offers advocates an opportunity to speak with and educate state legislators about the need to modernize Tennessee’s HIV criminal laws, as well as other HIV-related issues. Already 50+ participants have signed up.

Next Meeting: Thursday, January 26 at 11:00am (CT)

Meetings are held on the fourth Thursday of the month.

If you are interested in information about HIV criminalization or actively participating in the Tennessee working group, please contact Lauren Fanning at lfanning@hivlawandpolicy.org


TEXAS

The PJP Texas HIV Working Group convened in November and December. Members reached agreement on outreach strategies for new allies and membership and set a timeline for key steps in their advocacy plan. Texas advocates are now using the online forum space created by CHLP, which facilitates communication, exchange of information, and resource editing/creation among the PJP state working groups. Texas advocates drafted an open sign-on letter to the Dallas County prosecutor in support of an HIV positive woman facing multiple felony counts for spitting on emergency responders called to assist her.  The letter was hosted on CHLP’s website and garnered over 150 signatures from individuals representing a diverse range of organizations in more than 25 states. The Working Group is also drafting a template letter intended for news outlets and other media to encourage responsible, accurate, and fair reporting practices around HIV and to provide education on the science of HIV transmission. Planning continues for the upcoming legislative session that begins January 10, including preparation for HIV Advocacy Day on February 28.

Next Meeting: Friday, January 20 at 1:00pm (CT)

Meetings are held on the third Friday of the month.

If you are interested in information about HIV criminalization or actively participating in the Texas HIV Working Group, please contact Stephen Williams at swilliams@hivlawandpolicy.org.

Criminal Case Update

CHLP’s assistance in criminal cases includes counseling defendants and their families, referring defendants to attorneys, providing legal and trial strategy support to criminal defense attorneys, identifying and assisting with preparation of medical and scientific experts, drafting sections of court submissions, and submitting friend-of-the-court briefs.

MISSOURI

On December 20, the Missouri Court of Appeals, Eastern District, reversed the conviction of Michael Johnson and remanded his case for a new trial. The court reversed the judgment of the trial court based on the state’s failure to timely comply with Johnson’s discovery request, in violation of Rule 25.03, which prevented Johnson from preparing a meaningful defense in the case. In the words of the Court, “the State’s violation of Rule 25.03 was knowing and intentional and was part of a trial-by-ambush strategy that this Court does not condone and that Rule 25.03 was specifically designed to avoid.” CHLP’s press release and the decision are here.

In the appeal of his conviction, Johnson raised two points. First, that the trial court allowed evidence to be introduced late – the first day of the trial – denying him the fair opportunity to prepare his defense. And second, that his sentence of 30 years for violating Missouri’s HIV transmission and exposure statute violated the constitutional prohibition on cruel and unusual punishments. The court did not reach Johnson’s second point on appeal relating to the constitutionality of his punishment or the issues CHLP raised in its “friend of the court” brief. CHLP’s full brief, including the complete list of endorsing organizations, can be found here.

On January 4, attorneys for the State of Missouri filed a motion for rehearing or transfer in Michael Johnson’s case. The State is contesting the Court of Appeals’ decision reversing his conviction. Stay informed on developments in this case with our newly updated fact sheet and case timeline, which can be found here. In addition, a recent community update webinar by CHLP Deputy Director Mayo Schreiber can be found here.


NEW YORK

On December 15, the New York Court of Appeals denied Nushawn Williams’ request that it review the decision to indefinitely civilly commit him to a New York State Psychiatric Center as a dangerous sex offender based on his sexual activity with women while living with HIV. CHLP, with the support of twelve national and state racial justice, disability, HIV and medical organizations, and four individuals, had filed a brief arguing that Williams represents the only case in New York where an individual has been essentially isolated or quarantined in whole or part based on his HIV status. We also argued that singling out a person living with HIV for this kind of extraordinary treatment under the law violates the Americans with Disabilities Act. We will continue to provide legal support to Williams and are strategizing with his attorney, Mark Davison, on further steps in the case.


OHIO

On December 27, CHLP, with seven national LGBTQ, HIV/medical, and criminal justice organizations, and with pro bono assistance from the law firm Gibbons, P.C. and the Ohio Public Defender acting as local counsel, filed a friend-of-the-court brief in the Ohio Supreme Court arguing that the felonious assault statute violated the federal and Ohio Constitutions and federal disability law. The brief can be found here. Orlando Batista was indicted for felonious assault in July 2014, for allegedly engaging in sexual conduct with his girlfriend without first disclosing his HIV status to her. After the trial court rejected his motion to dismiss, Batista pleaded no contest and the court sentenced him to the maximum term of eight years.

If you are aware of anyone charged in an HIV exposure or transmission case, please refer them to our website, www.hivlawandpolicy.org and/or have them or their lawyer, contact CHLP for assistance at 212-430-6733 or pjp@hivlawandpolicy.org.

Canada: Toronto’s ‘Now’ weekly newspaper prominently features HIV criminalisation impact, advocacy and advocates

This week, Toronto’s weekly newspaper, ‘Now’, features four articles on HIV criminalisation and its impact in Canada.

The lead article, ‘HIV is not a crime’ is written from the point of view of an HIV-negative person who discovers a sexual partner had not disclosed to him.  It concludes:

After my experience with non-disclosure, I felt some resentment. But while researching this article, I reached out to the person who didn’t disclose to me. We talked about the assumptions we’d both made about each other. It felt good to talk and air our grievances.

 

I realized I’d learned something I’d never heard from doctors during any of my dozens of trips to the STI clinic, something I’d never heard from my family, my school, in the media or from the government – that you don’t need to be afraid of people living with HIV.

Screenshot 2017-01-13 09.48.27A second article, Laws criminalizing HIV are putting vulnerable women at greater risk, highlights the impact HIV criminalisation is having on women in Canada, notably that it is preventing sexual assault survivors living with HIV from coming forward due to a fear they will be prosecuted for HIV non-disclosure (which, ironically, is treated as a more serious sexual assault than rape).

Moreover, treating HIV-positive women as sex offenders is subverting sexual assault laws designed to protect sexual autonomy and gender equality. Front-line workers and lawyers say they’re hearing from HIV-positive women who are afraid to report rape and domestic abuse for fear of being charged with aggravated sexual assault themselves.

 

“People come to me all the time who don’t know what to do,” says Cynthia Fromstein, a Toronto-based criminal lawyer who’s worked on 25 to 30 non-disclosure cases. “Canada, unfortunately, is virulent in its zeal to prosecute aggravated sexual assault related to HIV non-disclosure.”

Screenshot 2017-01-13 09.48.41It also features a strong editorial, ‘HIV disclosure double jeopardy’ by the Canadian HIV/AIDS Legal Network’s Cecile Kazatchkine and HALCO’s Executive Director, Ryan Peck, which notes:

In a statement that mostly flew under the radar, Minister of Justice Jody Wilson-Raybould declared, on World AIDS Day (December 1), her government’s intention “to examine the criminal justice system’s response to non-disclosure of HIV status,” recognizing that “the over-criminalization of HIV non-disclosure discourages many individuals from being tested and seeking treatment, and further stigmatizes those living with HIV or AIDS.”

 

Wilson-Raybould also stated that  “the [Canadian] criminal justice system must adapt to better reflect the current scientific evidence on the realities of this disease.”

 

This long-overdue statement was the first from the government of Canada on this issue since 1998, the year the Supreme Court of Canada released its decision on R v. Cuerrier, the first case to reach the high court on the subject.

15937182_1055417094604635_6279465723502378214_oFinally, the magazine features a number of promiment HIV activists from Canada, including Alex McClelland, who is studying the impact of HIV criminalisation on people accused and/or convicted in Canada.

He contributed his first piece to HJN last month.