August 11, 2008

Rethinking Criminalization of HIV

Calls to reverse laws that criminalize and stigmatize groups at risk for HIV marked the end of the XVII International AIDS Conference in Mexico City, The New York Times reports.

“Let one of the conference outcomes be a major international push back against misguided criminal laws and prosecutions,” said Edwin Cameron, a justice of the Supreme Court of Appeals in South Africa who is HIV positive, in a plenary session.

Citing cases in Texas, Zimbabwe, Sierra Leone, Bermuda and Switzerland to illustrate the backwardness of some laws today, Cameron said, “criminalization is warranted only where someone sets out, knowing he has HIV, to infect another and succeeds.”

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Previous Comments:

Fredrick Adegboye, Lagos, Nigeria, 2008-08-14 07:39:58
It's a common occurrence that some Nigerian men chase away their spouses when it is found such women are HIV positive at ante-natal point. And these same men refuse to go for HIV screening; for all I know they may even be the ones who unwittingly infected their partners, yet they turn round to shout blue murder. This is an aspect of HIV that should be seriously criminalized and properly addressed by the authorities concerned. I am someone who has known his HIV status for 5years now.

Dawn M., Simi, CA, 2008-08-14 05:43:51
I agree that a letter is the best route as I am positive since 1993 and when/If I date again I will get a letter as people lie and if they get the virus(if from me or not) they will say I never told and who do you think the law will beleive. To bad society has come to this but to me I need to #1 make sure I never give this to anyone else and #2 always make sure I disclose before sex and get it in writing they were told(CYA)

Brian K, Augusta, Maine, 2008-08-13 12:03:15
I agree that criminalization of HIV transmission needs to be repealed. Too often I hear vengeful, frightened men saying that someone gave them HIV -- mind you, these are men who don't practice safer sex unless they are told that their partner is HIV+ -- asking would be too unpleasant for them. I also want to say that I have two life partners, and both of them are HIV- -- and I couldn't be luckier!

Raphael, , 2008-08-12 18:16:55
I don't understand the debate about whom I should or can date. I rather follow my common sense. poz or neg? Truth is that immediately after diagnosis I only wanted to date another poz person; soon enough I met a gorgeous poz partner whom I am very happy and in love with. We are both conscious about our health and support each other to avoid stress. A neg person wouldn't understand and care for me as deeply!!

Michael, Haslett, 2008-08-12 12:53:56
I agree, These HIV laws should be withdrawn and changed so only those who knowingly and purposely infect others are charged with a crime. They must have infected someone to start with before even looking at possible charges.

jeff hammond, Carrizozo, NM, 2008-08-12 12:39:12
i was diagnosed HIV+ in 1984, and lost my wife to ARC in 1996. since then i have extremely avoided relationships with HIV- women for fear of being jailed for spreading the virus. now i see where people are going to prison for spitting on police. am i stupid or doesn't the fact the virus gets exposed to kill it come into play somehow? whats is next, prison just for being HIV+. lets get real, educate the lawq and legal system to their risks, and decriminalize being HIV+.

Gary, Florida, 2008-08-12 12:22:19
Isn't it sad that someone would need a "letter" to protect themselves! While it is not unheard of for someone to disclose their status, though it is still criminal. Isn't disclosure a 2 way street? Shouldn't both willing partners be asking of the others status...hmmmm...

Mike, Florida, 2008-08-12 11:26:21
I have been positive since 1980 and while I was married my wife and I had unsafe sex, first before We found out that I was positive and then afterwards there were many times that we just did it with out protection and thank GOD she never came up positive, now after our break up I could not find myself to be with a woman that was not positive for fear that I would end up in Jail and I if I were to meet a woman that was not positive I would get a letter from her stating that I told her I was HIV+