HIV Transmission Laws
At first, I thought they were a good idea. In theory, it sounds good that should someone knowing transmit the HIV Virus to another person, they should be guilty of a crime. However, now that we have seen them in action, and see the way people respond to them – I’ve had to change my mind.
There have been a number of reasons for my change of heart. The first reason is that the laws just don’t have the effect they should. Too much is left up to interpretation. In some cases, they are too specific – in other cases, not specific enough.
In fact, calling many state’s laws HIV Transmission Laws is misleading because the laws have little, if anything, to do with the transmission of HIV. In most states, you are guilty of this offense if you put another individual at risk for catching HIV. Whether or not HIV was actually transmitted is beside the point.
And who decides what constitutes putting someone at risk for catching HIV? Georgia’s HIV Transmission Law was recently put to the test after an HIV positive man spit on a nurse. He was found guilty – even though HIV is not transmitted by spitting on someone. In California, several people have been charged with a felony for not disclosing their HIV status, even though the virus was not transmitted to them, and they remain HIV Negative.
Calling them HIV Disclosure Laws might be a little less confusing in some states, but not any better. In several states, even practicing safe sex with someone after disclosing your HIV status would still make you guilty of breaking the HIV Transmission Laws. In Georgia, this is still true even if both parties knew they were HIV positive before the encounter.
There are those out there (lawmakers included) who believed that passing HIV Transmission Laws would make people think twice about whether or not to disclose their HIV status before engaging in risky behavior. Where this notion came from, I have no idea. Since the passing of these laws, I have yet to hear a single person who decided to disclose their HIV status to their sexual partners (or fellow drug addicts) because if they didn’t – they might be convicted of a crime. I really don’t think it’s a factor at all. The subject rarely, if ever, comes up.
The only times I have heard about the subject (other than in a magazine or newspaper) are by those people who are concerned about getting tested for HIV. HIV Transmission Laws scare the crap out of them. I don’t think that’s a common reason for people not to be tested, but it does play into their fears. There are already enough stigmas attached to being HIV positive – do we really need to add one more?
In California right now, there’s even another bent angle to this whole thing. Prosecutors there are trying (and appear to be winning) to convict a man who spread HIV to several women, even though he didn’t know he was positive. They suggest he should have known, even though he refused to get tested. If this succeeds, it makes me wonder what the next step will be … mandatory HIV tests for anyone even considering having a sex life? How well would THAT go over?
So, where did all these HIV Transmission Laws come from in the first place? They all date back to 1990, a time when the HIV situation was a lot different than it was today. (This was the time before we had any good medications, and the mortality rate was the highest it had ever been.) Congress added a provision to the Ryan White Care Act (which was taken back out in 2000) that required all states that received federal AIDS dollars to devise a way to prosecute those who knowingly expose anyone to the HIV Virus without warning them first. In 1990, having HIV (or AIDS) was a death sentence for more people than not – so it’s pretty easy to understand how these people could be charged with felony murder charges. Since the Protease Inhibitors hit the market in the mid 1990s, HIV is no longer a death sentence and most people with HIV are still able to go on living productive lives. Yet, in many areas, knowingly transmitting HIV is still equated with felony murder charges.
In my opinion, the best solution lies not within criminalizing behaviors, but in education and social responsibility. When I hear about someone who knowingly spreads a disease like HIV, my first thought is that this person must have some mental issues, not that the person’s a criminal.
Another thing I figured out was that HIV Transmission Laws only put the responsibility of “safe sex” into the hands of those who are HIV Positive. (Again, this is about social responsibility.) Never-mind the fact that it takes two to tango … if I agree to have unprotected sex with someone (regardless of whether or not they knew they were HIV positive) and get HIV – it’s not my fault. Right?
Wrong! Anyone who engages in risky behavior (be that unsafe sexual practices, sharing drug needles, or whatever) is just as culpable as their partners – HIV status has nothing to do with it. So why doesn’t the law reflect this shared responsibility?
It is clear to me now that these laws just don’t work. Is it time to change them? Maybe. Drop them totally? Maybe. All I know for certain is that if we don’t do something soon – we’re going to be up to our necks in this caca.


