Proposal on Criminalization of Hiv Transmission

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Proposal on criminalization of HIV Transmission

The Governor should veto HB 2218 that criminalizes HIV and STI transmission because of the many repercussions, which follow. The push to put in place a criminal law to HIV exposure is often as result of the wish by majority of people. This is due to the rapid spread of the virus in many countries. The reason why many groups of people are advocating for criminalization of HIV transmission is that women contact it through sexual violence or by partners who do not reveal their status to them. A closer analysis has revealed that criminalization of HIV transmission will bring many complex issues instead of reducing the vulnerability. In many cases, it harms women rather than assisting them. Applying criminal law to HIV exposure does not reduce the rate in which it spreads. Policy makers argue that applying this law reduces transmission through rehabilitating offenders. People should be educated on prevention measures like avoiding unsafe sex, sharing syringes, or engaging in other behaviors, which no specific criminal law could possibly do. Imprisoning victims will not reduce the transmission.

Criminalizing HIV transmission is justified only when done purposely with the intent of harming the other partner. These cases are very rare and criminal law already in place can be used instead of passing HIV-specific laws. Many people transmit without knowing they are victims of the virus while others fear that revealing their status will bring violence, discrimination, and rejection from the society. Prosecuting people who risk causing harm because of fear of discrimination does not deter their behavior or achieve justice. Criminal law is applicable to individuals who transmit HIV intentionally instead of criminalizing transmission. Application of criminal law to HIV exposure undermines its prevention efforts. This discourages people from being tested and finding out their status. Lack of knowledge on status is the best defense one can use during prosecution. People will become resistant to knowing their status because those who have the mandate of testing and counseling are used in court to provide evidence. Application of criminal law on HIV exposure promotes fear and stigma. This reinforces the stereotype that people living with the virus are immoral and dangerous criminals. It makes it hard for individuals to go for testing and counseling. It also prevents them from talking openly and honestly about their status due to fear of prosecution.