US: Positive Project Update – January 2017

Federal Advocacy

Federal Criminal Justice Working Group Meets

The quarterly meeting of the LGBT/HIV Federal Criminal Justice Working Group (“working group”) took place in Washington, D.C. in December. Members strategized on how to respond to the incoming Trump administration, discussed the new Congress and possible implications for criminal justice, and participated in a variety of ancillary meetings with agency officials. Highlights included meeting with the Bureau of Prisons to identify ways in which sexual health and sexual health literacy can be improved for all prisoners, regardless of sexual orientation or gender identity. The discussion followed from CHLP’s detailed memo to BOP officials on ways the Bureau can update current program statements to meet the basic sexual health needs of all federal prisoners without the need for any change in current law or regulations. The next in-person meeting of the working group is in March 2017.

State Advocacy

State Forums Now Online

The PJP Online State Forums went live on November 15. Hosted on the Center for HIV Law and Policy’s website, the forums provide a space for state advocates to communicate, exchange information, share resources, and work collectively on projects, drafts, and other materials. The forums can be accessed here. The page also provides a link for anyone interested in joining a PJP State Working Group to apply for membership.

State Advocacy Working Group Updates

CALIFORNIA

On November 16, Californians for HIV Criminalization Reform (CHCR) hosted an event at the West Hollywood City Council Chambers featuring stories from people directly affected by HIV criminalization to educate the community about HIV criminal laws and build support for eliminating these laws. Panelists included West Hollywood City Councilmember John Duran, who is living with HIV, who spoke about his work as an attorney defending people facing prosecution under California’s HIV criminal laws. Robin Barkins and Nestor Rogel spoke about the impact of criminalization on people living with HIV. Gerald Garth and Jorge Diaz, from Black AIDS Institute and Bienestar, talked about the HIV epidemic among Black and Latino gay and bisexual men. And the Los Angeles HIV Law and Policy Project presented data from a 2016 Williams Institute study showing that sex workers in particular, along with people of color, are disproportionately affected by HIV criminal prosecutions in California.In related news, Equality California is finishing up a messaging survey of California residents on HIV criminalization in that state.  We likely will be able to report on the key findings from their survey in our next PJP Update, so stay tuned.

CHCR is planning a legislative briefing in Sacramento in February with the California Legislative LGBT Caucus. The briefing will feature testimony from expert witnesses as well as individuals directly and indirectly affected by HIV criminalization in the state. It will be free and open to the public.

For more information or if you are interested in joining Californians for HIV Criminalization Reform, please contact Craig Pulsipher at cpulsipher@apla.org.

GEORGIA

On November 30, the Coalition to End HIV Criminalization in Georgia participated in a World AIDS Day panel hosted by Georgia Equality, SisterLove and The Counter Narrative Project in Atlanta.The panel looked at Georgia’s HIV criminal law, the impact it has on the lives of PLHIV, and the coalition’s efforts to reform the law. Coalition member and panelist Nina Martinez examined mandatory HIV disclosure laws and their impact on the risk of intimate partner violence for PLHIV. Held at Gallery 874, the panel discussion coincided with the “Living With” art exhibit, which featured art about the experiences of PLHIV.

The Coalition is reaching out to legislators to identify potential sponsors for a bill to reform the state’s HIV criminal law.

If you are interested in becoming an advocate to help change Georgia’s HIV Criminal Law, please contact CHLP’s Sr. Community Outreach Specialist for PJP, Lauren Fanning, at lfanning@hivlawandpolicy.org.

INDIANA

HIV Modernization Movement-Indiana (HMM) recently completed a short survey of Indiana-area HIV service providers that assessed provider knowledge around Indiana’s HIV criminal laws. It also assessed provider attitudes about how policies that require them to counsel their patients/clients about the disclosure law affect care delivery. HMM reports that an impressive 171 providers participated. The HMM Steering Committee continues to meet monthly and expand its network. It also has begun to educate key stakeholders about HIV criminalization and efforts underway to modernize Indiana laws.

Next Meeting: Mid-January (TBD) 

If you are interested in information about HIV criminalization in Indiana or in participating, supporting or endorsing HMM-Indiana, visit our get involved page or contact steering committee members at hmm.indiana@gmail.com

MISSOURI

The Missouri HIV Justice Coalition (HIVJC) announced its commitment to combat HIV criminalization in Missouri at a World AIDS Day Conference in Kansas City on December 1, 2016. Coalition members conducted outreach resulting in a number of new active participants, allies and partner groups. HIVJC also held a co-sponsored community discussion, Stand Up and Speak Out. Panelists included Robert Suttle, SERO Project; Tusday Dudly, Kansas City CARE Clinic; Randall Jenson, Artist, SocialScope Productions; and Kris Wade, The Justice Project. They addressed the consequences of HIV criminalization and actions attendees could take to change the law. Co-sponsors of the event included Empower Missouri, UMKC Pride Alliance, Social Scope Productions, and UMKC/LGBTQIA.

HIVJC intends to expand their coalition to include those who focus on racial justice and members of faith communities more directly in the work to modernize Georgia’s law.

Next Meeting: Friday, January 27 at 1:00pm (CT)

Meetings are held on the second and fourth Friday of the month.

If you would like information on HIV Criminalization or are interested in becoming an advocate with the Missouri HIV Justice Coalition Working Group, please contact Ashley Quinn at ashley@empowermissouri.org or Stephen Williams atswilliams@hivlawandpolicy.org.OHIO

On December 3, the Akron AIDS Collaborative held a World AIDS Day Community Forum, hosted by the Northeast Ohio Regional Advisory Group at the Akron Urban League. The event was sponsored by AIDS Healthcare Foundation. Presenters included: Lillie Jackson Tisdale (President, National Association of Black Social Workers), Naimah O’Neal (The Ohio Working Group for HIV Decriminalization), Ted Thompson, and Kate Boulton (Staff Attorney, Center for HIV Law and Policy). The forum focused on advancements in HIV/AIDS prevention and treatment, including the science of HIV transmission, as well as the role of stigma in undermining an effective public health response to HIV. Presenters also described the state of the law in the Ohio, recent prosecutions, and current efforts at modernization. The role of Ohio’s Criminal Justice Recodification Committee was also highlighted. Attendees included representatives of the Ohio Black Women’s Leadership Caucus and the AIDS Taskforce of Greater Cleveland. Thanks to Steve Arrington for his dedicated work to make this event possible.

Next Meeting: Wednesday, February 8 at 5:00pm (ET)

If you would like information on HIV Criminalization or are interested in becoming an advocate with the Ohio HIV Criminalization Working Group, please contact Lauren Fanning at lfanning@hivlawandpolicy.org.

SOUTH CAROLINA

The PJP South Carolina Law Modernization Group convened in November and December. The group has gradually increased its membership and reached consensus on the use of PJP Guiding Principles in their advocacy plan. The group is working on messaging and talking points and continued expansion of their coalition.

Next Meeting:  Thursday, February 9 at 2:00pm (ET)

Meetings are held on the second Thursday of the month.

If you would like information on HIV Criminalization or are interested in becoming an advocate with the PJP SC Law Modernization Group, please contact Stephen Williams at swilliams@hivlawandpolicy.org.

TENNESSEE

On December 16, several local advocates and CHLP’s Lauren Fanning met for an in-person strategy meeting in preparation for the 2017 legislative session that opens January 10. Using Larry Frampton’s (NashvilleCares) extensive policy and legislative experience in Tennessee, as well as key PJP planning and guidance resources, the group reviewed its progress, identified key stakeholders and individuals who are not yet engaged, and created a detailed work plan for introduction of a bill and to guide its advocacy moving forward. The draft bill was developed with the assistance of Mayo Schreiber, CHLP Deputy Director, and the group has identified several potential sponsors, including both state senators and representatives. More Tennessee advocates and organizers are needed and welcome!

On February 21, Tennessee AIDS Advocacy Network (TAAN) will hold its annual Day on the Hill, which offers advocates an opportunity to speak with and educate state legislators about the need to modernize Tennessee’s HIV criminal laws, as well as other HIV-related issues. Already 50+ participants have signed up.

Next Meeting: Thursday, January 26 at 11:00am (CT)

Meetings are held on the fourth Thursday of the month.

If you are interested in information about HIV criminalization or actively participating in the Tennessee working group, please contact Lauren Fanning at lfanning@hivlawandpolicy.org

TEXAS

The PJP Texas HIV Working Group convened in November and December. Members reached agreement on outreach strategies for new allies and membership and set a timeline for key steps in their advocacy plan. Texas advocates are now using the online forum space created by CHLP, which facilitates communication, exchange of information, and resource editing/creation among the PJP state working groups. Texas advocates drafted an open sign-on letter to the Dallas County prosecutor in support of an HIV positive woman facing multiple felony counts for spitting on emergency responders called to assist her.  The letter was hosted on CHLP’s website and garnered over 150 signatures from individuals representing a diverse range of organizations in more than 25 states. The Working Group is also drafting a template letter intended for news outlets and other media to encourage responsible, accurate, and fair reporting practices around HIV and to provide education on the science of HIV transmission. Planning continues for the upcoming legislative session that begins January 10, including preparation for HIV Advocacy Day on February 28.

Next Meeting: Friday, January 20 at 1:00pm (CT)

Meetings are held on the third Friday of the month.

If you are interested in information about HIV criminalization or actively participating in the Texas HIV Working Group, please contact Stephen Williams at swilliams@hivlawandpolicy.org.

Criminal Case Update

CHLP’s assistance in criminal cases includes counseling defendants and their families, referring defendants to attorneys, providing legal and trial strategy support to criminal defense attorneys, identifying and assisting with preparation of medical and scientific experts, drafting sections of court submissions, and submitting friend-of-the-court briefs.

MISSOURI

On December 20, the Missouri Court of Appeals, Eastern District, reversed the conviction of Michael Johnson and remanded his case for a new trial. The court reversed the judgment of the trial court based on the state’s failure to timely comply with Johnson’s discovery request, in violation of Rule 25.03, which prevented Johnson from preparing a meaningful defense in the case. In the words of the Court, “the State’s violation of Rule 25.03 was knowing and intentional and was part of a trial-by-ambush strategy that this Court does not condone and that Rule 25.03 was specifically designed to avoid.” CHLP’s press release and the decision are here.

In the appeal of his conviction, Johnson raised two points. First, that the trial court allowed evidence to be introduced late – the first day of the trial – denying him the fair opportunity to prepare his defense. And second, that his sentence of 30 years for violating Missouri’s HIV transmission and exposure statute violated the constitutional prohibition on cruel and unusual punishments. The court did not reach Johnson’s second point on appeal relating to the constitutionality of his punishment or the issues CHLP raised in its “friend of the court” brief. CHLP’s full brief, including the complete list of endorsing organizations, can be found here.

On January 4, attorneys for the State of Missouri filed a motion for rehearing or transfer in Michael Johnson’s case. The State is contesting the Court of Appeals’ decision reversing his conviction. Stay informed on developments in this case with our newly updated fact sheet and case timeline, which can be found here. In addition, a recent community update webinar by CHLP Deputy Director Mayo Schreiber can be found here.

NEW YORK

On December 15, the New York Court of Appeals denied Nushawn Williams’ request that it review the decision to indefinitely civilly commit him to a New York State Psychiatric Center as a dangerous sex offender based on his sexual activity with women while living with HIV. CHLP, with the support of twelve national and state racial justice, disability, HIV and medical organizations, and four individuals, had filed a brief arguing that Williams represents the only case in New York where an individual has been essentially isolated or quarantined in whole or part based on his HIV status. We also argued that singling out a person living with HIV for this kind of extraordinary treatment under the law violates the Americans with Disabilities Act. We will continue to provide legal support to Williams and are strategizing with his attorney, Mark Davison, on further steps in the case.

OHIO

On December 27, CHLP, with seven national LGBTQ, HIV/medical, and criminal justice organizations, and with pro bono assistance from the law firm Gibbons, P.C. and the Ohio Public Defender acting as local counsel, filed a friend-of-the-court brief in the Ohio Supreme Court arguing that the felonious assault statute violated the federal and Ohio Constitutions and federal disability law. The brief can be found here. Orlando Batista was indicted for felonious assault in July 2014, for allegedly engaging in sexual conduct with his girlfriend without first disclosing his HIV status to her. After the trial court rejected his motion to dismiss, Batista pleaded no contest and the court sentenced him to the maximum term of eight years.

If you are aware of anyone charged in an HIV exposure or transmission case, please refer them to our website, www.hivlawandpolicy.org and/or have them or their lawyer, contact CHLP for assistance at 212-430-6733 or pjp@hivlawandpolicy.org.

US: Broad coalition takes on Missouri's outdated and stigmatizing HIV criminal laws

JEFFERSON CITY — December 1st was World Aids Day and Missouri activists want legislators to change a law concerning those living with HIV.

Right now, in the state of Missouri, any person who exposes someone to HIV could go to prison. If a person contracts HIV the person who gave it to them could go to prison for life. This law has put 82 people in prison since 1997. Activists explain this law is discriminatory and based on outdated science.

Activists on November 30th launched the Missouri HIV Justice Coalition. The group plans to lobby policy makers to repeal the law.

Empower Missouri Executive Director Jeanette Mott Oxford said the laws should be based on accurate science.

She said the current law makes assumptions about HIV transmission that we now know are incorrect.

“We hope that Missouri will modernize their law making it medically accurate and taking away the stigma of people with HIV by taking the HIV specific part out of our criminal code… certainly there should be laws about doing things such as biting people, but you shouldn’t have a higher penalty for being a person with HIV.”

“About 2/3rds of the United States have “HIV-specific” statues that result in prosecutions of those living with HIV for having sexual contact without being able to prove they disclosed their HIV positive status in advance,” according to activist group The Sero Project.

Senator Rob Schaaf, R-St. Joseph, said he could see the laws changing in the future.

“The law is based upon a false premise,” Sen. Schaaf said. “I doubt that there’s a big urgency in changing it, but I think it would eventually be changed to fit our understanding of the true situation.”

Mott Oxford said the Missouri HIV Justice Coalition plans to hold upcoming events to educate more people about the current law. If you are interested in joining the group, you can contact Mott Oxford at Empower Missouri at (573)-634-2901.

Currently there is no legislation to repeal this law.

Published on KCRG TV on Dec 1, 2016

Uganda: 5 months after filing their initial petition, activists renew their call to amend HIV law

Activists renew call for HIV law amendment

By Noah Jagwe

They argue that the law contains clauses that could deter all the benefits in the fight against the scourge.

According to this group, the law instead instills fear in communities about HIV disclosure and also fuels stigmatization.

Earlier this year, some 60 civil society organizations across the country challenged the criminalization of HIVin Uganda as well as other ‘harmful’ provisions in the Act.

Dora Kichoncho Musinguzi, the executive director Uganda Network on Law and Ethics, said the salient features that are scanned out in the law which they consider discriminatory are: Clauses 21, 41 and 43 of the Act that seek to criminalize HIV, particularly intentional transmission.

The Act would require mandatory disclosure of one’s HIV status, failure of which would be regarded as “criminal”, and attempting to or, intentionally transmitting the virus.

Failure to use a condom where one knows their HIV status would constitute a criminal offence, making them liable for prosecution.

The provisions in the HIV Act, according to Kichonco, do not only stigmatize and discriminate against people living with HIV, but also deter communities from seeking HIV services such as HIV testing and subsequently HIV treatment.

“It is five months since we filed the petition. The government has not responded to our case. This is procedurally wrong and negates justice,” she said.

Kichoncho said if the law continues “as we could see”, it would heighten stigmatization of people living with HIV and that many of the targets such as 90% of people knowing their status, 90% of those who with HIV are on treatment and 90% with suppressed  viral load set by the country might not be achieved.

“The law has been counterproductive to all the achievements Uganda has made.”

She said the legal environment in Uganda is not conducive and human rights have not been respected. “Laws that criminalize and stigmatize people with HIV must be repealed.”

Meanwhile, Dorothy Nassolo, communications officer of Forum of People Living with HIV/Aids Networks in Uganda said there is a crisis the country might not stand.

She said a number of patients have been hacked to death because they have been discovered by their spouses for taking ARVs covertly.

National Forum of People Living with HIV/AIDS officer Milly Katana said the most affected group by the law are women through gender-based violence at home.

Katana said it’s better for Uganda to look at other alternatives for instance biomedical tools, medical male circumcision and condoms. –

Published in New Vision on Dec 1, 2016

US: Sero Project releases new short film to raise awareness of the criminalization of people living with HIV

SERO PROJECT RELEASES NEW SHORT FILM ON HIV CRIMINALIZATION

(November 28, 2016) In conjunction with World AIDS Day on December 1, the SERO Project announced the release of its new documentary short film, HIV Criminalization: Masking Fear and Discrimination. The short film furthers SERO Project’s goal .

 “As HIV activists, HIV criminalization is a defining moral issue of our time,” said SERO Project executive director Sean Strub. “State statutes throughout the country that prosecute people based solely on their viral status pose a serious threat to both public health and individual civil liberties. Masking Fear and Discrimination serves as a primer on the topic of HIV criminalization, particularly for those who are new to this growing concern.For advocates and health professionals in the field, it is essential viewing.”

 Masking Fear and Discrimination is directed by filmmaker Christopher King and produced by HIV writer Mark S. King. It was made possible through the support of the H. van Ameringen Foundation, Broadway Cares/Equity Fights AIDS, the Elton John AIDS Foundation, and the Gill Foundation.

The short film features Cecilia Chung, SERO’s board chair and senior strategist at the Transgender Law Center (San Francisco, CA), Venita Ray, attorney and advocate at Legacy Community Health Services (Houston, TX), Anthony Mills, MD (Los Angeles, CA), and Justin Rush, director of public policy at the True Colors Fund and formerly a manager of policy and legislative affairs at the National Alliance of State and Territorial AIDS Directors (Washington, DC).

 In addition, people living with HIV who have been prosecuted for “HIV crimes” are interviewed in the film, including Robert Suttle, SERO’s assistant director (New York, NY), LTC Kenneth Pinkela, a consultant to Sero’s Military HIV Policy Project (Otisville, PA), Monique Moree (South Carolina), Mark Hunter (Grambling, LA), Kerry Thomas (Boise, ID), Donald Bogardus (Waterloo, IA) and Edward Casto (Spokane, WA).

 “I am inspired by the courage of those who have been prosecuted to step forward and become advocates for change,” said Tami Haught, SERO’s director of state organizing. “Their first-hand testimonials have brought this issue to the attention of advocates and the public and are why we have made progress towards ending HIV criminalization in recent years.”

 The release of the documentary coincides with the launch of a newly designed SERO Project website, which provides information on criminalization, including a helpful State-by-State guide and resources for people with HIV who are concerned about or threatened with prosecution. The site also features videos from the HIV Is Not a Crime national conference on HIV criminalization (produced by SERO and the Positive Women’s Network-USA), interviews with people living with HIV who have faced criminal charges, and testimony concerning HIV criminalization at conferences and meetings.

 HIV Criminalization: Masking Fear and Discrimination can be viewed on SERO Project site, at www.seroproject.com, or via YouTube at HIV Criminalization: Masking Fear and Discrimination.

 SERO is a U.S.-based network of people living with HIV and allies fighting for freedom from stigma and injustice. SERO is particularly focused on ending inappropriate criminal prosecutions of people with HIV, including for non-disclosure of their HIV status, potential or perceived HIV exposure or HIV transmission.

 For more information on the SERO Project please visit www.seroproject.com.  For interviews with SERO staff, or a person living with HIV who has been subjected to HIV criminalization, please contact Ken Pinkela, listed above.

Australia: Delegates at Australia’s national HIV/AIDS conference condemn antiscientific laws mandating HIV testing for people accused of spitting at police officers

Media Release

Adelaide: Friday, 18 November 2016

Delegates at Australia’s national HIV/AIDS conference have condemned the governments of South Australia, Western Australia and Northern Territory over laws that force people accused of criminal offences to undergo mandatory HIV and blood-borne virus testing.

The conference passed a resolution this afternoon expressing its ‘profound disappointment’ in the laws, which make it mandatory for people to undergo blood tests if they are accused of spitting on or biting law enforcement personnel. The laws were passed in South Australia and Western Australia in 2014, and in the Northern Territory in 2016.

Australia has a proud record of basing its HIV response on evidence-based policy,” said Adjunct Associate Professor Levinia Crooks CEO of the Australasian Society for HIV, Viral Hepatitis and Sexual Health Medicine (ASHM). “These laws are antiscientific — the risk of transmission of HIV or other blood-borne viruses from saliva is practically zero. There is no justification for invading the privacy of people in custody by forcing them to undergo blood tests when there is no risk to the officer.”

“We understand the considerable risks faced by police and emergency services when they go about their jobs, but this is not the solution. There has never been a case of HIV transmission from spitting or biting in Australia.”

The full text of the resolution passed by the conference is:

As researchers, clinicians, and civil society representatives, we are united in our commitment to a HIV response grounded in evidence and protective of the human rights of people living with and affected by HIV. This conference expresses its profound disappointment in the governments of South Australia, Western Australia and the Northern Territory for enacting anti scientific and counterproductive laws mandating HIV testing for people accused of spitting on law enforcement personnel, in the face of overwhelming evidence that such laws are neither effective nor necessary. HIV is not transmitted in saliva and these laws only serve to further marginalise and criminalise people with HIV. We call on all governments to establish evidence-based protocols that protect the wellbeing of police and emergency workers and the rights of people living with HIV.

The Australasian HIV & AIDS Conference is the premier medical/scientific conference in the Australasian HIV and related diseases sector. The 2016 Conference was held in Adelaide from 16–18 November, in conjunction with the Australasian Sexual Health Conference.

For all media enquires, please contact:

Media Contact:  Petrana Lorenz — 0405 158 636  |  petrana@arkcommunications.com.au

Czech Republic: Police drop charges against all 30 gay men living with HIV following Prague Public Health Authority ‘witch hunt’

All criminal charges have been dropped against the 30 gay men living with HIV who were reported to the police by the Prague Public Health Authority earlier this year after they were diagnosed with an STI, Czech media report today.

The draconian behaviour of Prague Public Health led to widespread condemnation by human rights defenders.

A change.org petition initated by the European AIDS Treament Group (EATG) was signed by more than 1000 supporters, including the HIV Justice Network.

Today’s media report in Aktuálně.cz notes that three of the 30 men had been indicted for potential HIV transmission (under a law criminalising ‘the spread of infectious human diseases‘) but prosecutorial authorities withdrew the charges due to lack of evidence.

Police spokesman, Jan Danek, told the paper that following an investigation there was no case to prove against any of the 30 men and all charges had been dropped.

Canada: HIV activists form national coalition to lobby for an end to the criminalisation of people living with HIV

HIV activists form Canadian coalition to fight criminalization

Aggravated sexual assault convictions for HIV non-disclosure are unjust, members say.

A group of HIV activists, lawyers, and service providers from across Canada have formed a national coalition to call for an end to the criminalization of people living with HIV.

The Canadian Coalition to Reform HIV Criminalization, years in the making, will lobby nationally for people who have been charged for not disclosing their HIV status. Up until now, this work was only done locally and provincially, and mostly by lawyers rather than people most affected by the law.

“We have an amazing expert community of lawyers working on this issue,” says Alexander McClelland, a Montreal-based HIV criminalization researcher and member of the coalition. “But lawyers talk to other lawyers and haven’t been engaged more broadly. So hopefully we can shift things with the way the coalition is organized. We’re really centrally placing lived experience of people on our steering committee.”

Under Canadian law, a person living with HIV must disclose their status to anal and vaginal sexual partners or face the charge of aggravated sexual assault, which carries a maximum lifetime sentence and registry as a sex offender. This standard was most recently upheld in a 2012 Supreme Court of Canada ruling based on outdated science. The court ruled that to be considered safe enough not to disclose, HIV carriers must have very low viral load and wear condoms. Research now shows, however, that low viral load itself is enough to be nearly perfectly safe.

Coalition members met in October after many attended the HIV Is Not A Crime 2 Training Academy in Huntsville Alabama. Realizing the national level of organization in the United States led by people who have been charged and convicted, the attendees realized Canada needed something similar.

The coalition wants to limit prosecutions to intentional transmissions of HIV. Of over 180 known HIV prosecutions in Canada since the discovery of the virus as the cause of AIDS, there have been just two known intentional transmissions, according to Cecile Kazatchkine, senior policy analyst with the Canadian HIV/AIDS Legal Network.

The large percentage of unjust prosecutions in Canada, she says, has a chilling effect on people living with the virus.

“Many [HIV positive] people fear being prosecuted, of that happening to them at some point, like an old partner coming back to them and saying things that may not be true but it’s one word against another.”

The law is constructed to protect the sexual autonomy of women, Kazatchkine says, but it can often have the opposite effect on many HIV-positive women living in abusive relationships who fear their partners could use their status against them if they tried to leave.

“There’s a climate of fear and uncertainty that guides everything that we do and so it would be great to intervene in that and change the current situation,” adds McClelland, who lives with HIV.

Though still in its early stages, the coalition is concentrating on three areas: involving the lived experiences of those who live with the virus and have been criminally charged, lobbying provincial and federal politicians to change the Criminal Code and how it is enforced, and publicizing unjust prosecutions.

The group is also working on specific demands for the federal government, which writes the criminal law, and for provincial governments, which administer the law through the courts.

McClelland says coalition members have spoken to Minister of Justice Jody Wilson-Raybould, which he finds promising, since no such meeting took place under the previous Conservative government.

“It’s also really, really hard to get the Criminal Code reformed,” he notes, “but if we can appeal to members of parliament that it’s being applied so unjustly, then potentially there’s an option for that.”

Published in DailyXtra on Nov 14, 2016

US: Idaho activists are looking to reform Idaho's HIV Criminalisation laws

Local activists are looking to reform and modernize Idaho’s code on the transfer of bodily fluid containing HIV or AIDS virus. The law was created in the 1980’s, a time when HIV and AIDS was a rising issue in the country.  In the last 10 years, 32 people have been charged under the law. Activists and health officials say scientifically its outdated.

In 1988 Idaho created a law to punish anyone HIV positive, who transferred their body fluids with intentions to expose or infect someone else. Ian Troesoyer a Registered Nurse and Epidemiologist at Southeast Idaho Public Health says,”Singling out HIV from a biological perspective it doesn’t make perfect sense. But in the 1980s when the law was created there was a lot more fear and greater lack of knowledge regarding the transmission.”

Under the code body fluids are: Semen, blood saliva, vaginal secretion, breast milk and urine. But 28 years later health experts say, “So saliva and urine, saliva in particular, they are not known to transmit HIV.” Which is why local activists in Pocatello want to modernize Idaho Code 39-608. Kevin Lish the Board Chair of All Under One Roof says, “These laws come down a lot of times to a ‘He said, she said’ situation.”

The crime carries a maximum of 15 years in prison. In the last decade 12 people across the state have been convicted including a man named Kerry Thomas. He’s serving 30 years for not telling his partner. He says in a video posted on SEROProject.com, “I’m glad that she, three years down the road… she’s not positive.”

Health experts and activists say with an outdated law, there’s a stigma associated with the disease that could increase people’s risks. Lish says, “We have the tools to get to an HIV free generation. One of the things we need to do is update laws like this so people feel good about being tested and are getting tested when they need to.”

Activists say speaking to legislators about changing the law will take years. Educating the public is their first mission before heading to the capitol steps in Boise. On National AIDS Awareness Day, All Under One Roof will host an event on December 1st at 234 North Main Street at 7 p.m. There they will educate the public on the statue, and how they’d like to change it.

On Friday November 11, representatives will speak with Elizabeth Taylor’s granddaughter in Boise about how the Elizabeth Taylor’s AIDS Foundation can help their cause.

Published on KPVI on Nov 10, 2016

US: Movement to reform Michigan's HIV-specific law is gaining momentum

A movement to reform Michigan’s HIV-specific law is gaining momentum in the state House. Activists report a lobby day last month has garnered eight co-sponsors for the legislation, proposed by Rep. Jon Hoadley, D-Kalamazoo.

The legislation is being promoted by the grassroots organization Michigan Coalition for HIV Health and Safety.

“The coalition is excited to have the support and sponsorship of our modernization bill from eight of our Michigan state representatives, but we have a long way to go,” said Kelly Doyle, Coalition Manager. “We need activists and volunteers willing to talk to elected officials about the harm and threat to public health these laws are creating.”

In addition to Rep. Jon Hoadley, D-Kalamazoo, the bill’s author and lead sponsor, state representatives who have all agreed to sign on as co-sponsors include: Reps. Andy Schor, D-Lansing; Tom Cochran, D-Lansing; Jeremy Moss, D-Southfield; David LaGrand, D-Grand Rapids; George Darany, D-Dearborn; LaTanya Garrett, D-Detroit; and Robert Wittenberg, D-Oak Park. Advocates will be gathering at least five more co-sponsors before Hoadley introduces the legislation.

The legislation would change Michigan’s HIV-specific law from a felony to a misdemeanor and provide legal structure around prosecutions which would require prosecutors to prove beyond a reasonable doubt that the accused intended to transmit the virus and took actions which had a significant likelihood of transmission. Those who are proven to have intended to transmit the infection and actually did would face up to one year in jail; those who intended to transmit the infection but didn’t would face up to 93 days in jail.

Key to the modernization is a requirement that prosecutors and courts take into account current science about HIV transmission. Studies have shown that a person who is HIV-positive but successfully treating their infection with antiretroviral drugs so the virus is not detectable in their blood are extremely unlikely to transmit the infection. However, Michigan’s law currently does not allow this information as a defense.

Michigan’s law, passed in 1988, requires those who know they are infected with HIV to disclose that status prior to any sexual penetration, “however slight.” The law came out of a Republican House Task Force Report on AIDS in 1987 which wanted to stop those persons “who would deliberately or recklessly expose others to the infection.” Studies of the impact of Michigan’s law have found that behavior that is unlikely to transmit the infection has resulted in prosecutions. In addition, there appears to be a racial disparity in prosecutions focusing on black men who have sex with women. And finally, there is evidence that the law has become a weapon for domestic abusers as a way to control their intimate partners. Additional studies have found a small, but significant, minority of people at high risk for HIV infection are less likely to be tested for or discuss their risk for infection with medical providers because of such laws.

“This is an important modernization and is needed to protect the health and safety of everyone in Michigan,” said Hoadley. “Our laws are out of date. This effort would align our laws with modern HIV science, keep our communities safe and recognize the lived experiences of people living with HIV.”

Activists will lobby lawmakers again on Nov. 10 and Dec. 6 in Lansing from 9 a.m. to 4 p.m. each day. They will start the day at the ninth floor conference room of the House Office Building, 124 North Capital Ave., Lansing. For more information email Todd@MCHHS.info or visit MCHHS.info.

Australia: Australian experts publish statement urging courts to consider current scientific evidence in criminal cases involving alleged HIV transmission or exposure

A group of leading HIV experts are calling for “caution to be exercised” when considering criminal charges against people who recklessly spread the disease.

In a consensus statement published in the Medical Journal of Australia, Australian researchers and scientists — including Professor Sharon Lewin and Professor Andrew Grulich — argue that “criminal cases involving HIV transmission or exposure require that courts correctly comprehend the rapidly evolving science of HIV transmission and the impact of an HIV diagnosis”.

The statement cites scientific evidence that shows the risk of HIV transmission to be negligible if a person is on treatment and has an undetectable viral load. It also claims that HIV isn’t as serious a condition as it used to be: “Most people with HIV are able to commence simple treatment providing them a normal and healthy life expectancy, largely comparable with their HIV-negative peers.”

“Given the limited risk of HIV transmission per sexual act and the limited long-term harms experienced by most people recently diagnosed with HIV, appropriate care should be taken before prosecutions are pursued,” says the statement.

While acknowledging that cases of deliberate transmission of HIV are “extremely unusual”, the group urge authorities to change behaviours through counselling rather than the courts.

“Careful attention should be paid to the best scientific evidence on HIV risk and harms, with consideration given to alternatives to prosecution, including public health management.”

The statement has been welcome by HIV advocacy groups.

“It’s incredible to see these experts come together and make a bold statement regarding HIV and the law,” said Richard Keane, President of Living Positive Victoria.

“The impact of HIV criminalisation or even the threat of it is a dangerous form of stigma and we’re still feeling the ripple effect more than two decades later.”

There have been at least 38 Australian criminal prosecutions for HIV sexual transmission or exposure since 1991.

“You don’t have to be convicted or even prosecuted for HIV criminalisation to affect you,” said Keane.

“The HIV community lives with the threat that a complaint can be made against us and the stigma that criminal prosecutions amplify and perpetuate.”

Keane hoped the statement’s focus on utilising the public health system rather the criminal courts in dealing with behaviour change would lead to better outcomes on policy.

“Most people on treatment are able to achieve an ‘undetectable’ viral load which makes it highly likely that the person will remain healthy and pose a negligible risk of transmitting HIV,” Keane said.

“The evidence outlined in this statement shows that the per-act risk of HIV transmission from even the most risky sex is still low. The message should be to encourage individuals to take care of their health and eliminate barriers to accessing treatment rather than intimidation through the justice system.

“By focusing on what the studies and science is telling us about treatments, relative risk and harm, that’s how we reduce HIV transmission whilst protecting the rights and dignity of people living with HIV. HIV is a health issue, not a criminal justice issue.”

Additional reporting Positive Living.

Published in Gay News Network on Nov 6, 2016