December 1 is World AIDS Day, a time to reflect on the pandemic thatâs been ongoing for as long as many of us have been alive. Itâs an opportunity to recall those lost, to note the progress of the last few decades, and to look to the discoveries and reforms still desperately needed. While thereâs been encouraging progress reaching UN goals for testing and treatment, thereâs still a desperate need for change when it comes to the criminalization of HIV.
Thatâs right, criminalization. In many states, you can be thrown in jail for transmitting HIV to another person. And while it may seem like discouraging transmission is a worthwhile goal, these laws donât work. They date back to the early days of the epidemic, they donât reflect current science (in some states itâs illegal for someone with HIV to spit on another person, for example), they discourage testing, and you will be absolutely shocked to hear that penalties often show signs of racial bias.
A handful of states, including Washington state, have partially decriminalized HIV transmission. The progress made in those states can provide a roadmap to othersâand also highlight the loopholes that remain, even here.
Before this year, if you exposed someone to HIV in the state of Washingtonâeven unknowingly, and even if you used protectionâyou could be sent to jail for the rest of your life, forced to pay $50,000 in fines, and register as a sex offender. Exposure wasnât defined in the law, so it could be interpreted to apply to a broad range of activities unlikely to actually result in transmission; and it was considered a class A felony, with HIV classified with the same level of hazard as poison.
That changed after Governor Inslee signed HB 1551 this year, reducing transmission from a felony to a misdemeanor. The bill also implemented a definition of âexposureâ to reflect scientific reality and narrowed the requirements for registering as a sex offender.
And while thatâs more than most states have done, it still leaves some people at risk, according to The Center for HIV Law and Policy. Now, to convict someone, prosecutors must prove that the defendant intended to transmit HIV; but they donât need to prove that transmission occurred. Whatâs more, the law still allows judges to impose longer sentences on people with HIV when theyâre convicted of other offenses.
Washingtonâs not alone in reforming laws that criminalize HIV; we join California, Colorado, Illinois, Iowa, Michigan, North Carolina, and Texas in passing recent updates to HIV-related laws. But in each state, work remains to be done. Illinois still allows felony convictions in cases where no transmission occurred and criminalizes organ donation by people with HIV. In North Carolina, prosecutors charged an assailant with attempted murder due to their HIV status. Texas courts still consider the bodily fluids of people with HIV to be a âdeadly weapon.â
This Thursday, December 3, attorneys with the Center for HIV Law and Policy as well as the Foundation for AIDS Research will hold a Zoom webinar on efforts to decriminalize HIV. Passing laws that criminalize HIV was a mistake in the '80s, a mistake thatâs taken far too long to correct. But forty years on from the earliest days, Americaâs finally in sight of what could be called the end of the epidemic, thanks in part to the dismantling of the stigma and mistakes of the past.