HIV Criminalization: Masking Fear and Discrimination (Sero, US, 2016)

A short documentary for the Sero Project produced by Mark S King, written by Christopher King, and edited by Andrew Seger.

Canada: New report explores mainstream Canadian newspaper coverage of HIV non-disclosure criminal cases, highlighting stigmatizing representations of African, Caribbean and Black men living with HIV

Abstract:

This report explores mainstream Canadian newspaper coverage of HIV non-disclosure criminal cases in Canada. It pays particular attention to how defendants’ race and immigration status figure into the newspaper representations of such cases. We empirically enquire into claims that African, Caribbean and Black (ACB) people living with HIV are negatively portrayed and overrepresented in Canadian newspaper stories about HIV non-disclosure cases. Our analysis is based on what, to our knowledge, is the largest data set of news coverage of the issue: a corpus of 1680 English-language Canadian newspaper articles about HIV non-disclosure criminal cases in Canada written between 1 January 1989 and 31 December 2015. Our quantitative and qualitative findings show that Canadian mainstream newspapers are a source of profoundly stigmatizing representations of ACB men living with HIV. For example, Black immigrant men living with HIV are dramatically overemphasized in Canadian mainstream newspaper stories about such cases. While these men account for only 15% of defendants charged they are the focus of 61% of newspaper coverage. Mainstream newspapers rely on forms of language that transfer a long history of exaggerated connections between criminality, race, sex, and otherness to the site of HIV. The result is that ACB men living with HIV are repeatedly represented as dangerous, hypersexual, foreigners who pose a threat to the health and safety of individuals (White women) and, more broadly, the imagined Canadian nation.
The report is available to download here

 

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

India: Sex workers organisations oppose Human Trafficking Bill which would make rehabilitation mandatory and HIV transmission a criminal offence

The most pressing concern is that the bill seems to be making rehabilitation mandatory

A consortium of rights bodies, especially of those working for sex workers, have come forward to speak out against the Human Trafficking Bill, which was sent to the Cabinet last month for approval. Associations of sex workers said that they fear that the bill will make it difficult for them to function. The most pressing concern, said Kusum, President of the All India Network of Sex Workers, is that the bill seems to be making rehabilitation mandatory. “Rehabilitation is needed for thousands of women who face trafficking around the country. But scores of practicing sex workers might not want it. Why not make it voluntary,” she says.

Dr Smarajit Jana, a health practitioner and the founder of Durbar Mahila Samanwaya Samiti, the first sex workers collective, agrees. Dr Jana was on a Supreme Court panel on the rights of sex workers, which submitted a report last month. He says that not a single state has statistics on rehabilitation. “Among the secretaries of the women and child development department of over 20 states we interacted with, 15 did not have any number for their own states,” says Dr Jana.

 The definition of a trafficking victim, both Dr Jana and Kusum said, was vague enough to include practicing sex workers. As per the Bill, a sex worker who gets married and has settled down will also come under the ambit of the definition. “There is also a clause that states that if a sex worker is found drinking and smoking with her friends, they can be booked for plying substances to her and punishable for over 10 years,” says Kusum.

Tripti Tandon of the Lawyer’s Collective says that the biggest lacunae in the bill is its failure to distinguish those in need of rescue from those who do not. “Since The Immoral Traffic (Prevention) Act will continue to function, the government is simply creating layer after layer of law, without really taking into account the problems of livelihood, sanitation, health which sex workers face routinely, like every working-class women,” says Tandon.

Another crucial loophole is that the bill states that if a person transmits HIV to another, then they will be punishable for a period of 10 years. “The problem is that many victims do not know if they are HIV positive. Globally, the debate is on decriminalising HIV patients,” says Dr Jana.

Published in DNA India on Nov 5, 2016