Matt Keeley, The New Civil Rights Movement
December 2, 2023
AIDS Ribbon on Gate AFP
The DOJ released a report Friday that the state's aggravated prostitution law violated the Americans with Disabilities Act. A person arrested under the aggravated prostitution law is normally changed with a misdemeanor, and faces up to six months in prison and a $500 fine. However, if the person arrested has HIV, the crime becomes a felony, and if they're convicted, they would face between three and 15 years in prison and a $10,000 fine.
“Tennessee’s aggravated prostitution law is outdated, has no basis in science, discourages testing and further marginalizes people living with HIV,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “People living with HIV should not be treated as violent sex offenders for the rest of their lives solely because of their HIV status. The Justice Department is committed to ensuring that people with disabilities are protected from discrimination.”
The law was originally passed in 1991. It classifies HIV-positive sex workers as violent sex offenders, according to WKRN-TV. This means that in addition to the sentence, those convicted are put on the Tennessee Sex Offender Registry, usually for the rest of their lives.
The DOJ advised the state—and particularly, the Shelby County District Attorney’s Office, which enforces the statute most frequently, the department says—to stop enforcing the law. It also calls on the state to repeal the law and remove anyone from the registry when aggravated prostitution is the only offense. If this doesn't happen, Tennessee could face a lawsuit.
Tennessee isn't the only state to have laws applying to only those living with HIV. In 1988, Michigan passed a law requiring those with HIV to disclose their status before sex, according to WLNS-TV. The law is still on the books, but was updated in 2019 to lift the requirement if the HIV-positive person has an undetectable viral load. The law now also requires proof that the person set out to transmit HIV
Laws like these can work against public health efforts, according to the National Institutes of Health. The NIH says these types of laws can make people less likely to be tested for HIV, as people cannot be punished if they didn't know their status. In addition, critics say, the laws can be used to further discriminate. A Canadian study found a disproportionate number of Black men had been charged under HIV exposure laws.
World AIDS Day was first launched in 1988 by the World Health Organization and the United Nations to highlight awareness of the then-relatively new disease. The theme of the 2023 World AIDS Day is "Let Communities Lead," calling on community leaders to end the AIDS epidemic.
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