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Author Topic: HIV Criminlization  (Read 990 times)

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Offline buginme2

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  • Posts: 3,426
HIV Criminlization
« on: May 20, 2014, 02:06:32 AM »
The following information is from the HIV law and policy organization.  I thought it would be a good thing to share.  Also EVERYONE really should take a couple minutes out of their day and write their local state senators and legislatures asking them to repeal their state specific HIV criminalization laws. 

In addition, EVERYONE should write their US Senators and Legislator asking them to advocate for and repeal these laws.  They wont get repealed until people start speaking up. 

HIV criminalization makes behavior that is legal for people who do not have HIV, or don’t know they have it, illegal for HIV+ people. People with HIV are being arrested for having consensual sex and even for things like spitting on another person. 36 states and territories have HIV-specific criminal laws, but people with HIV also are being prosecuted for assault and other crimes under regular criminal laws.

Most HIV “criminal transmission” or “criminal exposure” laws require HIV+ people to disclose their HIV status to their partners before having any kind of sex, but proving that you disclosed can be tough. These cases often boil down to one person’s word against the other’s.


Proof that you disclosed your HIV status prior to sexual contact may be helpful in court (but is no guarantee). You can:
• Have partners sign a “disclosure acknowledgement” statement • Save emails or text exchanges demonstrating your disclosure • Take partners to your doctor or caseworker’s office and ask them to note
your partner’s knowledge of your HIV+ status in your case records • Discuss your HIV+ status in the presence of your partner and third parties
who can attest to the disclosure


The moments after an arrest are critical. If you are arrested, or at risk of arrest, on an HIV criminalization charge:

• Do NOT talk to police or investigators, including not disclosing your HIV+ status, without your lawyer present
• Do NOT give a statement to the police or investigators no matter what they promise you—it is never to your advantage to give a statement before getting legal representation
• DO get advice and find a lawyer by contacting a local HIV legal or service organization, or www.hivlawandpolicy.org/public/initiatives/ positivejusticeproject or http://apps.americanbar.org/legalservices/lris/ directory
• Do NOT consent to any medical tests (including blood draws or saliva swabs)
• Do NOT sign anything without first consulting your lawyer


The Positive Justice Project is a national coalition of organizations and individuals working to combat HIV criminalization:


To obtain additional information and/or assistance, please call Lambda Legal’s Help Desk at 1-866-542-8336 (a toll-free number).

State-by-state summary of statutes and prosecutions:
Don't be fancy, just get dancey

Offline phoenix

  • Member
  • Posts: 64
Re: HIV Criminlization
« Reply #1 on: May 20, 2014, 10:57:24 PM »
  Couldn't agree more that you contact your state legislators. It can work. In Iowa on may 1 legislators passed a bill so that the law is not HIV specific and converts sentencing to a tiered system. The bill has yet to be signed by the governor. Don't know how to set link here.  Check out  oneiowa.org  Its a big improvement over the law we have now,  still not great. But its a start.  Until laws catch up, you advice is well taken.
A positive attitude may not solve all your problems but it will annoy enough people to make it worthwhile.                              The point of the journey is not to arrive.


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