Saturday, November 03, 2012

Blog#10-Criminalization of HIV




My blog is on an interesting article posted by the Huffington Post titled: Think HIV is Not a Crime? Think Again. This article explains how an unfathomable stigma and discrimination is a way of life for those infected with HIV. Not only is this a social problem but now a legal issue also. It begins by telling the story of Robert Suttle, an advocate against HIV criminalization who has experienced multiple forms of discrimination as a young African American. Robert was born in Louisiana, a state with the highest incarceration rate than any other state in the U.S. and the highest rates of young American males infected with HIV.  Robert is a Louisiana State University graduate and had plans to serve in the Air Force until he received a rejection due to testing positive to HIV. He went to work for Louisiana’s Second Circuit Court of Appeal as an assistant clerk and was about to become the 1st black male deputy clerk in that court. His life quickly changed when a previous partner filed criminal charges against him for not disclosing that he had HIV at the beginning of their relationship. Robert was prosecuted under a Louisiana law that requires people with HIV to disclose having HIV before sexual relations even if there was no chance of transmitting HIV. He took a plea bargain with a sentence of six months instead of chancing the possibility of a 10-year sentence. Now through the year 2024, Robert has to register as a sex offender and his driver’s license must bear the words “SEX OFFENDER” in red capital letters under his photo. There are thousands of HIV-specific criminal charge cases filed around the country. Out of 35 states Louisiana and Iowa are the only two with criminal statuses that apply exclusively to people infected with HIV. According to the author of this article, Sean Strub there is no proof that these statuses reduce the transmission of HIV. A survey by the Sero Project was conducted in the U.S. on 2,000 people infected with HIV which resulted with close to a quarter of the responses revealing knowing at least one individual that feared taking the HIV test due to the possibility of prosecution if the results were positive.

 

According to the Center for Disease and Control Prevention, Thirty three states have one or more HIV-specific criminal exposure laws. The Global Commission on HIV and the Law reported that the U.S. convicts more people that are infected with HIV for transmission than any other country. This report also states that Canada is the next largest and Sweden and Norway hold the highest conviction rate compared to the HIV-positive population.



http://www.huffingtonpost.com/sean-strub/lgbt-hiv-criminalization_b_2039539.html?utm_hp_ref=crime&ir=Crime

 

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