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News curated from other sources

US: American Pyschological Association's entire March newsletter explores why HIV criminalisation "can no longer be ignored."

11 March 2017
USA Articles Positive health, dignity and prevention Resources Social science Personal testimonies Public health
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Source: http://www.apa.org/pi/aids/resources/exchange/2017/03/index.aspx

APA’s commitment to decriminalizing HIV

This issue explores criminalization of HIV exposure and transmission, which can no longer be ignored.

By Maggie Chartier, PsyD, and Tiffany Chenneville, PhD

In 2016, the APA joined the ranks of medical and professional organizations opposing HIV criminalization laws (Positive Justice Project Consensus Statement on the Criminalization of HIV in the U.S., n.d.). Since 1986, these laws have criminalized nondisclosure of HIV and engagement in “risk” behaviors (sexual activity, needle sharing, and in some instances spitting and biting) for those who are aware of their HIV status (Lehman, Carr, Nichol, Ruisanchez, Knight, Langford, et al., 2014). Between 1986-2011, 67 HIV-specific criminal laws were enacted in 32 states and two U.S. territories (Lehman, 2014), many or most of which do not consider the level of risk and/or intentionality of the act.

Since the beginning of the AIDS epidemic, hundreds of people living with HIV have been arrested for behaviors posing little, if any, risk of HIV transmission (CDC, 2015). It is estimated that 20-25 percent of prosecuted cases related to HIV exposure/transmission have involved spitting, biting or external exposure to bodily fluids (e.g., throwing bodily fluids) which pose negligible transmission risk (CDC, 2015; Patel, Borkowf, Brooks, Lasry, Lanksy & Mermin, 2014; Pretty, Anderson & Sweet, 2009).

Many HIV-specific criminalization laws were passed before research showed that:

  • Consistent condom use significantly reduced the spread of HIV (Pinkerton & Abramson, 1997).
  • Adherence to antiretroviral therapy results in undetectable viral loads which dramatically reduce HIV transmission (Dieffenbach & Fauci, 2009 [PDF, 119KB]).
  • Increased efficacy of post-exposure prophylaxis and pre-exposure prophylaxis and are efficacious in preventng HIV (Celum & Baeten, 2012; van der Straten, Van Damme, Hbere & Bangsberg, 2012; Young, Arens, Kennedy, Laurie & Rutherford, 2007).

People diagnosed with HIV in states with HIV-specific criminal laws must disclose their HIV serostatus to sex partners and injection needle sharing partners and refrain from various sexual behaviors, regardless of actions taken to minimize HIV risk transmission (e.g., consistent condom use, using clean needles, consistent adherence to combination antiretroviral therapy [ART]). In the rare instances in which intentional transmission of HIV is determined, states may use general criminal laws or communicable disease laws to prosecute persons accused of intentionally trying to transmit HIV instead of HIV-specific criminal laws.

Not only do most HIV criminalization laws ignore the level of risk or intentionality of the action, they also do not reflect the current, and considerable, evidence base on HIV transmission (CDC, 2015), and in many instances, they counteract public health efforts to decrease HIV transmission by increasing stigma and discrimination (Valdiserri, 2002). As a result, in 2014, the Civil Rights Division of the Department of Justice issued a “Best Practices Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically-Supported Factors (PDF, 117KB).”

This newsletter will present a human face to HIV criminalization laws and discuss the public health implications and the role that psychological research and practice can play in helping to address the individual and social impact of these laws. By emphasizing this issue, APA strongly encourage states with HIV criminalization laws to repeal such laws and provide psychologists practicing in relevant states with guidance on the impact that HIV-specific laws may have on their clients and the general public’s health.

For more information on APA’s resolution, visit the Background Information on the Resolution Opposing HIV Criminalization webpage.

News curated from other sources

US: Enforcement of HIV crimes in Tennessee disproportionately affects women and Black people

150 people on Tennessee’s sex offender registry for HIV-related conviction
June 29, 2022

US: New study from the Williams Institute analyses data on HIV criminalization in Tennessee

Enforcement of HIV Criminalization in Tennessee
June 29, 2022

Uganda: Final arguments in landmark case challenging HIV criminalisation law to be made within a week

Uganda Constitutional Court gives activists seven days to file final arguments in HIV criminalization suit
June 8, 2022

Uganda: Legal Environment Assessment recommends changes to the penal code to address HIV and sex work criminalisation, stigma, discrimination and gender-based violence

Ugandan Laws Constraining Fight against HIV/AIDS – Report
May 30, 2022

US: Indiana to undertake a review of its criminal code for laws concerning HIV

Laws criminalizing HIV to be reviewed by legislative interim study committee
May 25, 2022

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2022 Global Day of Action

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women's rights, and HIV justice

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Our Annual Report 2021
"A Key Force for Change"

May 6, 2022

New report shows how women living with HIV are leading the response against HIV criminalisation in the EECA region

April 22, 2022

In memoriam: Rosemary Namubiru
HIV criminalisation survivor

April 8, 2022
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Disclaimer

This website operates as a global hub, consolidating a wide range of resources on HIV criminalisation for advocates working to abolish criminal and similar laws, policies and practices that regulate, control and punish people living with HIV based on their HIV-positive status. While we endeavour to ensure that all information is correct and up-to-date, we cannot guarantee the accuracy of laws or cases. The information contained on this site is not a substitute for legal advice. Anyone seeking clarification of the law in particular circumstances should seek legal advice. Read more

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The HIV Justice Network is also grateful to The Monument Trust for its generous support between 2012-15.

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