Posts
More than thirty states in the USA now have laws, specifically applicable to HIV alone and not other diseases. Many go so far as to make it a crime for people who know they are HIV-positive to have sex with others without telling their partners what their status is. Actual transmission of the virus is not required for a conviction. It's perfectly simple, the proponents say, you can prevent transmission of HIV by sending people who kiss but don't tell to jail! It's not perfectly simple. Criminalization is ineffective and unconstitutional, and there was a time when state legislatures wouldn't pass laws of this kind. They do today, though. Here are five reasons why we can't allow this to become "the new normal" in American law:
- Criminalization does not prevent transmission.
Disclosure laws don't and can't work because so many people don't know their status or aren't comfortable talking about it. Effective prevention comes with using condoms and taking meds faithfully so virtually no live virus is found in the HIV-positive partner's blood and body fluids. Tax dollars are scarce, especially in this economy, so it's hard to justify spending them on law enforcement programs that only succeed in invading privacy and violating human rights.
- Criminalization actually increases transmission, by making people afraid to get tested.
People who know their HIV status can take steps to protect themselves and others - like starting treatment with HAART drugs and using a condom every time. Disclosure laws make that life-saving knowledge an element of a crime. Would you get tested if knowing your status could get you jail time?
- Nearly every prosecution to date has involved alcohol or drug use.
Individual substance abuse is a medical problem. So if you seriously want to modify the "offender's" behavior, not just punish someone for being different from you, send her or him to the nearest clinic, not the county jail. If you want to change group behavior, start with your nearest dating bar's "shots and a one-night stand" culture. A bar in Boston used to have a banner across the room saying, Friends don't let friends f--- drunk. It wasn't refined, but it made its point.
- It isn't always clear who is the "offender" in these cases - or even whether there is only one "offender."
It's the responsibility of both partners to ask each other, What's your status? Mine is... - and to use common sense in choosing whether to believe what they hear. If you're with someone you don't know all that well and the object of your passion says, Oh, of course not, not me, sometimes the best response is, I'm so happy for you! Now here's the condom, dear, peel open the package and let's put it on.
SOURCE: NAPWA - Positive Source Newsletter, Series 2 Volume 1 Issue 13
The Friends of AIDS Foundation is dedicated to enhancing the quality of life for HIV positive individuals and empowering people to make healthy choices to prevent the spread of the HIV virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
