Advocates Urge Repeal of U.S. Laws Criminalizing HIV The producer of a new documentary about criminalizing those with HIV summed up such laws’ effects at a public showing of the film. “These horrendous punishments are vastly disproportionate to the crime,” said the film’s producer, Sero Project founder Sean Strub.
Four Stories: The Effects of HIV Criminalization on Sex and Intimacy
“As a trans woman living with HIV, I’m always worried that if I don’t disclose to my partner before we even approach the bedroom that they’ll turn around and charge me with a crime. When you have to tell a potential partner that you’re trans and poz, there’s always a fear that they will use that information to make your life hell.
Visual AIDS Blog reports on New York screening of two powerful anti-criminalisation documentaries
A vivacious roar of 200 voices from around the world could be heard spilling out of the SVA theater last night on West 23 rd Street. Representatives from the ICW: International Community of Women living with HIV (in town for UN meetings), people from the neighborhood, and others from across the 5 boroughs, gathered to watch HIV IS NOT A CRIME and POSITIVE WOMEN: EXPOSING INJUSTICE.
Nondisclosure prosecutions and population health outcomes: examining HIV testing, HIV diagnoses, and the attitudes of men who have sex with men following nondisclosure prosecution media releases in Ottawa, Canada
This study was designed to examine HIV testing, HIV diagnoses, and the attitudes of men who have sex with men following media releases about a local nondisclosure prosecution in Ottawa, Canada. The authors first reviewed the trends in HIV testing and HIV diagnoses from 2008 through 2011 in Ottawa, Canada. They went on to explore the attitudes and beliefs of local MSM about HIV, HIV prevention, HIV serostatus disclosure, nondisclosure prosecutions, and public health.
Researchers found that, statistically speaking, HIV testing and HIV diagnoses among men who have sex with men did not significantly change after the media releases about a local nondisclosure prosecution. However, qualitatively, a subgroup of 27 men who have sex with men (12 HIV-positive, 15 HIV-negative) expressed their belief that the local public health department openly shares information about people living with HIV with the police. Some HIV-positive participants stated that this perceived association between the local public health department and police services caused them to not access public health department services. The authors conclude that nondisclosure prosecutions do likely undermine HIV prevention efforts.
A Spectacle of Stigma: A First-hand Account of a Canadian Criminal HIV Exposure Trial, by Carl W. Rush
Carl W Rush’s powerful essay on the trial of Noel Bowland and Steven Boone who were found guilty on two counts each of aggravated sexual assault in December 2012 for allegedly not disclosing that they were HIV-positive before having a foursome in a hotel room is published in full below with his permission.
It begins thus:
I recently attended the criminal HIV exposure trial of two young men in Kitchener, Ontario. Each was found guilty of two counts of Aggravated Sexual Assault for exposing (but not infecting) two other men to HIV. They are now liable for a Life Sentence.
Prior to the trial, I had been following HIV exposure trials in Canada and reading the courts’ decisions. To me, many of the guilty verdicts just did not seem to fit the evidence presented in the trial or in some cases did not even seem to follow the law. How does non-violent, consensual sex between adults become a crime? I had been wondering if I was missing something; I wondered what it was that I was blind to. Was I being unreasonable? Did I not properly understand the law or the legal procedures? Was I blind to my own ignorance or bias? When I found out that another HIV exposure trial was scheduled right in my own neighbourhood, I knew that I had to go. I had to see what was happening for myself.
His conclusion, that “Canadian HIV exposure trials are both a symptom and a perpetuation of the stigmatization of Canadians with HIV,” definitely resonates with those of us working to end such unjust prosecutions.
Q&A with Dalhousie University health promotion professor on why Canadian Supreme Court got HIV ruling wrong
Dalhousie University health promotion professor says Supreme Court decision acts as barrier to public health initiatives around HIV testing and treatment Jacqueline Gahagan is speaking on HIV non-disclosure at Dalhousie University on Jan.
US: Anti-criminalisation advocacy goes mainstream for World AIDS Day
World AIDS Day saw unprecedented media attention on advocacy against HIV criminalisation in the United States.
Following on from the flurry of media interest stemming from advocacy at the International AIDS Conference held in Washington DC this summer, including a major piece on CNN’s website, CNN’s Dr. Sanjay Gupta interviewed Nick Rhoades and Robert Suttle.
In case the video disappears in the future: here’s the transcript.
Coming up, when sex, even consensual sex becomes a crime. We’ll explain.
(COMMERCIAL BREAK)
GUPTA: This weekend marks World AIDS Day, and this weekend, we got some, what I would consider, extremely troubling news, perhaps surprising as well.
Listen to this closely: more than a quarter of all new HIV infections in this country are in 13 to 24-year-olds. And most of those young people don’t even know that they are infected.
Now, as you know, there’s always been secrecy around HIV/AIDS. But it also brings up a tough issue. More than half of the United States’ states have laws that make it a crime for people with HIV to not disclose it when they have sex. Now, some say that’s only fair, but others say making this crime not just scares people and keeps them from being tested or seeking care.
(BEGIN VIDEOTAPE)
GUPTA (voice-over): Four years ago, Nick Rhoades, an HIV positive, 34- year-old, living in Iowa, met a younger man. They hit it off, and had sex.
NICK RHOADES, CONVICTED OF CRIMINAL TRANSMISSION OF HIV: My viral load is undetectable. I wore a condom. I did everything I could to protect him and myself.
GUPTA: What Rhoades didn’t do was tell his friend about having HIV. And when the friend out later, he sought treatment at a local hospital. And the hospital employee called the police.
Rhodes was arrested, charged with criminal transmission of HIV and after pleading guilty on the advice of his lawyer, he was sentenced to 25 years in prison.
RHOADES: I served over a year locked up, some of it in maximum security and some of it in solitary confinement. And I still have to register as a sex offender for the rest of my life. GUPTA: Scott Schoettes, an the attorney for Lambda Legal, is Rhoades new lawyer. He is asking the Iowa Supreme Court to overturn Rhoades conviction.
SCOTT SCHOETTES, HIV PROJECT DIRECTOR, LAMBDA LEGAL: This case in particular was compelling, it really was a good example of the ways in which these laws are misused by the justice system to punish people in very severe ways for things that should not even be crimes.
GUPTA: About a thousand miles away in Louisiana, a similar case.
Robert Suttle said his partner knew Suttle had HIV, but after a messy break-up, his ex went to the police. Suttle was charged of intentionally exposing the man to the AIDS virus.
ROBERT SUTTLE, CONVICTED OF INTENTIONAL EXPOSURE TO AIDS VIRUS: I was arrested at work and I was booked.
GUPTA: To avoid a possible 10-year sentence, Suttle entered a plea. And he spent six months in jail.
Under the picture on his driver’s license in bold red capital letters, it says “sex offender”. He has to carry that tag for 15 years.
SUTTLE: There are a lot of good people in the world that are HIV positive, but that doesn’t mean that they are criminals. It doesn’t mean they have malicious intent to hurt anybody. They’re just trying to deal and cope with having this disease. And yet, there’s these laws that make us look like we’re criminals.
GUPTA: At least 34 states and two U.S. territories have laws that criminalize activities of people with HIV. Not disclosing your status to a sexual partner, that can land you in jail. So can spitting on somebody or biting them if you have the disease.
Often, it doesn’t matter if you actually transmit the virus. In fact, the man that slept with Rhoades never got HIV.
REP. BARBARA LEE (D), CALIFORNIA: Jail time is not warranted in these cases.
GUPTA: Last year, Congresswoman Barbara Lee introduced legislation to get rid of these state laws.
LEE: Many offenses receive a lesser sentence than the transmission of HIV. And these laws, again, they’re archaic. They’re wrong. They are unjust. And they need to be looked at and taken off of the books.
GUPTA: Prosecutor Scott Burns agrees that the laws need updating, but he also says repeal would be a mistake.
SCOTT BURNS, EXECUTIVE DIRECTOR, NATIONAL DISTRICT ATTORNEYS ASSOCIATION: Any time that someone knows they have HIV or AIDS doesn’t disclose that to the other party, I think, is wrong. I think there should be a sanction. I just don’t think you do that in America. And I think most prosecutors would agree with me. GUPTA: Rhoades and Suttle now work for the Sero Project. It’s a group that fights stigma and discrimination, trying to make the case that what happened to them should never happen to others.
SUTTLE: We cannot sit and ignore the fact that this is happening.
RHOADES: I have to fight for this, and I think there are a lot of people that are fighting, as well.
(END VIDEOTAPE)
GUPTA: Now, I should say the accuser in Nick’s case didn’t want to talk to us. And the identity of Robert’s accuser is sealed as well by court order.
In addition, a local Iowa TV station, KWWL, in the county where Nick Rhoades was prosecuted, led with this fantastic interview with Tami Haught from CHAIN (Community HIV/Hepatitis Advocates of Iowa Network), who is leading Iowa’s campaign to modernize the HIV criminalization law.
Finally, yesterday saw the US National Dialogue on the Criminalization of HIV Transmission, Exposure and Non-disclosure: The role of the States and the Federal Government, on Capitol Hill in Washington DC. I’m sure there will be more written about this, but I’m including below a collection of all the tweets and images created live to give you an idea of the richness of the conversation, who was there, and who wasn’t. Thanks especially to Darby Hickey for summarising the dialogue so well.
Report from Positive Women's Network forum on HIV criminalisation in Philadelphia
Laws in many states criminalize those with HIV/AIDS who fail to disclose their status to their partners. This was the message of a prograFm by the U.S. Positive Women’s Network held recently at the William Way Community Center in Center City.
HIV Disclosure and Criminalization Take Center Stage at PACHA Meeting
Voluntary disclosure, HIV criminalization and implementation of the National HIV/AIDS Strategy were the hot topics at the convening of the 48th Presidential Advisory Council on HIV/AIDS (PACHA) in Washington, D.C., last week. Other topics of the two-day meeting, which was presided over by chair Nancy Mahon of the MAC AIDS Fund, included the Affordable Care Act and reauthorization of the Ryan White CARE Act.
L.G. POZ: REGARDING THE NORWEGIAN LAW COMMISSION REPORT ON CRIMINAL LAW AND THE TRANSMISSION OF DISEASE
Honestly it has taken me some time to “swallow” the Report. I don’t find the Commissions proposal to a new penal code very controversial. To me it’s a slight improvement to the old one (§ 155) and to the § 237/238 which never been used.