Overview of the HIV criminalization issue.
Sean provides an overview of the issue and stated a number of
reasons why these statutes and prosecutions are a problem and may be
leading to further spread of HIV. He discussed how many of the HIV
nondisclosure statutes came to be as a result of the first Ryan White
Care Act. The first Ryan White Care Act contained recommendations from
Reagan's AIDS Commission. Fortunately, subsequent versions of the
Ryan White Act deleted these provisions. Also, Sean shared with
attendees the recent case of a man who had been personally impacted by
these laws. Although, there was mutual consent between the two adults to
engage in sexual activity and HIV was not transmitted, he spent time in
prison and is now required to register as a sex offender. Mind you, this
individual did not transmit the disease and there was consent. Sean
concluded his presentation by informing the group that the National
HIV/AIDS Strategy included language addressing criminalization.
Sean Strub, Senior Advisor, Center for HIV Law and Policy