Laws about Being HIV Positive

By Davina Conner

2 min read

I would like to share a little bit about HIV criminalization. If you don’t know what that means: these are laws created to criminalize persons living with HIV who are accused of potentially transmitting HIV to another individual. There are also laws for non-disclosure of living with HIV before having sexual intercourse. A person living with HIV can be charged even when they do not pose a risk of transmitting HIV to another person.

Where did HIV criminalization laws come from?

Why do these laws exist? Well, it started back in the 80’s and 90’s when society was fearful and frightened of an epidemic that was spreading rapidly across the globe.

Today, there are 34 states and two U.S. territories that have HIV-specific laws.¹ There are many states that actually have prosecuted under HIV specific laws or general laws. When a person is knowledgeable about their HIV status they must tell a sexual partner that they have HIV; these laws are in 19 states.²

Presumed guilt

I feel that a person is guilty as soon as they get their HIV diagnosis. I say this because the moment someone finds out about our living with HIV, they can turn around, lie, and say that we did not tell them we were living with HIV. So remember, it’s our word against theirs and there is never innocence until proven guilty when it comes to anyone living with HIV. It's guilty until proven innocent and that’s how I see it.

How these laws affect relationships

We must be very careful when entering into a relationship, especially those who are not open at all with their HIV, because it can be held against you like a threat or a form of mental abuse: you can’t leave and are forced to stay with someone who demeans you as a person. There are many women who are in relationships like this and we don’t even know about it because she is afraid to tell.

How these laws create more stigma

People have been convicted for behaviors that have very little to no risk of HIV exposure like spitting, biting or even wearing a condom and still not transmitting HIV. But also, what about the stigmatizing names within the criminal statutes like attempted murder, deadly weapon, or reckless endangerment?

How these laws disrupt lives

Can you honestly say that it’s right for a person’s life to be ruined even when they have disclosed? They still face jail time and have to register as a sex offender. Putting someone in jail/prison for not disclosing will not stop the transmission of HIV at all. These laws must change and, until they change, I can never rally for HIV criminalization laws. Because then, I would be rallying for myself and so many others I know and love to one day face this law.

More information

To find out about the laws in your state or for help if you are being accused, here are some helpful links for you to go to.

Center for HIV Law and Policy
Centers for Disease Control and Prevention: HIV and STD Criminal Laws
The SERO Project
To read about cases: the HIV Justice Network
Watch and listen to Mark Hunter who was accused: SERO Stories - Mark Hunter
Watch and listen to Robert Suttle who was accused: SERO Stories - Robert Suttle

Have you been outed by someone close to you? Reach out to others in the community who have had similar experiences, here. Find support!

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patric7 Member
Thank you for sharing your perspectives and insight regarding this issue. To me, like many things in life, within this topic there are probably layers of conversations branching off in all directions. I've read and listened to discussions about HIV criminalization laws, penalties for nondisclosure, and the extent to which the defendant's life or future becomes scarred in ways you have described, and examples of others. I agree with you that it looks pretty bleak. Now that HIV is no longer the death sentence it was when these laws were enacted, they can appear that they unfairly add further stigma and worse, they target HIV Positive individuals as criminals just waiting to spread the plague. There are always counter opinions over everything; social media have cleared the podiums and keyboards so that anyone who has an opinion about anything now has an audience. As an individual living with HIV the past nearly two decades, I've become aware of another perspective. I recall the fear, shame, sadness, hopelessness, panic the day I learned that I had acquired the virus. I knew the source of transmission, I felt cheated and angry. I felt these things for a long, long, long time. You see, it wasn't a matter of nondisclosure, my boyfriend and I had had this conversation - the one everyone needs to be having. He declared his negative status, and so did I. Turns out instead of saying I am negative, he should have told me, "I don't know, I've never been tested." I learned the factual truth when he came to tell me that he just found out that he was poz. And of course I received the diagnosis a couple of weeks later. I am no longer angry, bitter, nor afraid. In fact he and I were able to touch base a few years ago. What I would like to make clear is that I would never subject another human being to the way my life felt for those first month's. So, since I feel strongly about this, I also believe that I have a responsibility to inform potential partners in intimacy. They deserve to know all the facts so they can make an informed and comfortable decision. I realize that the human species is a selfish race, we want what we want despite harm to others. The sad truth is that laws would not be created IF everyone treated everyone else with dignity, respect, compassion.
1. Davina Conner Contributor
 <inline-mention username="patric7" user-id="2047663"/> I understand your thoughts and thank you so much for responding
Khafre Kujichagulia Abif Moderator
Alafia (Peace) <inline-mention username="Davina Conner" user-id="2047729"/> Thank you for providing an education on HIV Criminalization. It's something we don't talk about enough and we need to as there are great examples of how several States which have done the heavy work of decriminalization. Together we can make it happen. Khafre (Team Member)