Who Is Most at Risk for Prosecution Under HIV Criminalization Laws?
Part of TheBody.com's "Word on the Street" Series
By Mathew Rodriguez From TheBody.com
June 26, 2014
HIV criminalization laws of course affect anyone living with HIV. But, who do people at the HIV Is Not a Crime Conference think is most at risk for prosecution under these laws and statutes? We spoke to a few conference attendees about how injustice plays out in the real world.
Comment by: Robert
Sat., Aug. 9, 2014 at 8:32 pm EDT
1) Granted, there is shared responsibility regarding sex, but if one person withholds important information... * Do we want a sexual seatbelt law? How can/would that be enforced w/o enacting George Orwell?
2) regarding needle sharing, when one breaks the law, aren't they automatically accepting the consequences? The same holds true for prostitution. (in my legal interpretation)
3) we cannot qualify the virus as a deadly weapon, even though it can (and occasionally is) used as such, w/o some ugly segregation (ie can't take a deadly weapon into a bar, a school, a courtroom...)
4) One thing about HIV criminalization... such a law would REQUIRE scheduled/frequent testing of ALL citizens, regardless of "at risk" populations. Otherwise, it would remain entirely unenforceable. Either way, it would require a constitutional amendment (altering the 4th amendment, with possible implications regarding the 6th, 7th, and 8th). But, in that case, the 2nd amendment c/would be the hero of the day. This all stinks of a potential "license to..." law (hello Orwell).
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