August 4, 2008

Examining the Criminalization of HIV

Criminalizing exposure to—or transmission of—HIV prevents people from actively seeking out HIV/AIDS treatment and does little to reduce the spread of the virus, according to an opinion piece in the August issue of The Journal of the American Medical Association (JAMA) as reported in MarketWatch (marketwatch.com, 8/4).

According to the article, the issue of HIV criminalization will be a major discussion topic at the XVII International AIDS Conference, held August 3–8 in Mexico City, as incidences of criminal punishment for HIV exposure or transmission are becoming more common around the world. For example, in May, an HIV-positive man was sentenced to 35 years in prison for spitting on a police officer, even though saliva poses no risk for HIV transmission.

“Criminalization is costing lives and increasing suffering,” says AIDS activist Edwin Cameron, one of the authors of the JAMA commentary. “It assumes the worst about people with HIV, when a human rights-based approach would empower people and enable them to make safe, health-seeking choices for themselves and for others.”

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Previous Comments:

Jereme Scott, Houston, 2008-08-12 14:03:31
Everyone is right..this is a complicated question to answer. However, if someone gives HIV to another person on purpose he should be locked up. All these men giving women HIV is horrific there should be firm consequences for them. In the gay community men need to be responsible, which most are not. what we need is for everyone we have sex with sign a wavier. 25 years and AIDS is still going strong. we should be ashamed.

Jerry, Saint Petersburg, 2008-08-06 14:27:48
Interesting and difficult subject. What is criminal and what is accident. Who is to make these judgments. If said person knowingly transmits the virus with malice, Yes it is criminal. If not malice is it really criminal. Society is really going to have to be careful how to approach this one.

Paulette Brown, Marietta, 2008-08-05 11:26:59
Tell that to the victims in the said cases. That's like saying their lives mean nothing. My ex-husband knowingly exposed me to HIV for five yrs. His actions where deliberate. The egotism and arrogance of such conniving and manipulative sex fiends deserves no mercy and should be punished to the fullest.

Bruce E. McGuire, Miami, 2008-08-04 22:21:17
Our government is perpetuating a country of fear with the actions that are being taken, we are run by leaders who hide truth behind vague and misleading laws. to fill the status-quo. I have watched a country i was willing to die for... Now destroys families in the name of possibilities, i see them criminalize illnesses and give me nothing to be proud of or wish on any future children. We will all be gone and they will live in this world we create.