|
Poll: HIV Criminalization Laws
View Poll Results: Should they change the laws?
|
No; they should stay the same
|
  
|
6 |
28.57% |
Yes; laws should reflect current facts
|
  
|
11 |
52.38% |
Indecisive; need more information in regards to the laws surrounding the disease.
|
  
|
4 |
19.05% |
Member Since: 3/15/2013
Posts: 1,186
|
I'm currently writing my thesis for sociology and the criminalization of persons living with HIV.
Modern science has reflected the "death sentence" to a manageable chronic illness and allowing people
who in fact are under sustainable medication to impossibly transfer the virus with undetectable viral loads.
In most states, HIV laws are outdated to an extreme, so I'm asking of you ATRL, due to the substantial improvements
of modern ARV's (anti retrovirals) and scientific evidence, do you believe these laws should change and fit to current scientific facts regarding HIV?
Note: I'm talking about people who live with the disease and are at undetectable levels, taking medication properly, and handling the disease properly.
Update: http://www.hivlawandpolicy.org
Website with more information on state to state laws involving criminalization of HIV
|
|
|
Banned
Member Since: 12/29/2002
Posts: 19,803
|
Yes. They MUST be changed.
1. HIV+ people should NOT be required by law to disclose ****. The entire responsibility should fall on the neg person since well, it's THEIR body? In a lot of cases, no actual transmission of the virus has happened and the positive person gets sent to jail anyway. Where's the logic?
2. Even if transmission happens, everyone knows the disease is not lethal anymore. Sure, it's tragic to be stuck with a chronic condition for life, but to actually send people to jail for it and label them as a sex offender? TRAGIC.
3. The only instance where it should be criminalized is during rape. Otherwise, nope. There's no excuse.
|
|
|
Member Since: 1/1/2014
Posts: 3,695
|
What are the current HIV laws?
|
|
|
Member Since: 3/15/2013
Posts: 1,186
|
Quote:
Originally posted by Vato
Yes. They MUST be changed.
1. HIV+ people should NOT be required by law to disclose ****. The entire responsibility should fall on the neg person since well, it's THEIR body? In a lot of cases, no actual transmission of the virus has happened and the positive person gets sent to jail anyway. Where's the logic?
2. Even if transmission happens, everyone knows the disease is not lethal anymore. Sure, it's tragic to be stuck with a chronic condition for life, but to actually send people to jail for it and label them as a sex offender? TRAGIC.
3. The only instance where it should be criminalized is during rape. Otherwise, nope. There's no excuse.
|
Interesting, I still think their should be some form of repercussions for people who are purposefully intent on transmitting it to someone else which is rightfully criminalistic.
But a majority of people living with HIV are as you've stated above considered sex offenders when in fact, the stigma and lack of education surrounding the disease, has given people living with HIV the idea that it's best to not address it, even when undetectable.
|
|
|
Member Since: 12/29/2011
Posts: 1,932
|
Quote:
Originally posted by Vato
Yes. They MUST be changed.
1. HIV+ people should NOT be required by law to disclose ****. The entire responsibility should fall on the neg person since well, it's THEIR body? In a lot of cases, no actual transmission of the virus has happened and the positive person gets sent to jail anyway. Where's the logic?
2. Even if transmission happens, everyone knows the disease is not lethal anymore. Sure, it's tragic to be stuck with a chronic condition for life, but to actually send people to jail for it and label them as a sex offender? TRAGIC.
3. The only instance where it should be criminalized is during rape. Otherwise, nope. There's no excuse.
|
.
|
|
|
Member Since: 3/15/2013
Posts: 1,186
|
Quote:
Originally posted by Ice
What are the current HIV laws?
|
Basically, a brief rundown.
Most states require you to disclose your HIV status, if not it's considered a criminal offense.
Most have that it's attempted murder to transmit HIV wether or not transmission occurred.
It also includes low risk acts including oral sex and such.
You'll have to register as a sex offender.
A majority of the laws are simply ignoring medical facts and were enacted back when HIV was a death sentence.
Some states have where if you spit on someone and you're HIV positive it's a criminal offense, which modern science has alleviated that myth from being fact.
|
|
|
Member Since: 8/3/2012
Posts: 19,910
|
Quote:
Originally posted by SailorMoon
Note: I'm talking about people who live with the disease and are at undetectable levels, taking medication properly, and handling the disease properly.
|
It's not a disease though.
|
|
|
Member Since: 8/19/2013
Posts: 3,391
|
How many people have these laws put in jail? The laws are effective ways to deter the expansion of the infection. They should be relaxed but not eliminated.
HIV is not like flu, where the sick person cannot control infecting others. HIV carriers have the options to avoid giving the infection to others, if they fail to disclose their condition and to take the proper actions to avoid the infection then yes, you could say they are acting on bad faith and impossing a huge life change in the person they infected.
Also lets not pretend the virus does not have huge and fast genetic changes that lead to resistance, to a point where new drugs have to be develop, so the expansion of a super resistant strain can put HIV back into death sentence territory (and considering the grindr twinks begin for their daddies to do it BB, well...)
|
|
|
Member Since: 3/15/2013
Posts: 1,186
|
Quote:
Originally posted by Brando
It's not a disease though.
|
Yes it is, it falls under a chronic disease.
|
|
|
Member Since: 3/15/2013
Posts: 1,186
|
Quote:
Originally posted by Melquiades
How many people have these laws put in jail? The laws are effective ways to deter the expansion of the infection. They should be relaxed but not eliminated.
HIV is not like flu, where the sick person cannot control infecting others. HIV carriers have the options to avoid giving the infection to others, if they fail to disclose their condition and to take the proper actions to avoid the infection then yes, you could say they are acting on bad faith and impossing a huge life change in the person they infected.
Also lets not pretend the virus does not have huge and fast genetic changes that lead to resistance, to a point where new drugs have to be develop, so the expansion of a super resistant strain can put HIV back into death sentence territory (and considering the grindr twinks begin for their daddies to do it BB, well...)
|
Well nobody under ARV's have transmitted the virus to any partner that was negative and that was even unprotected sex between a negative and positive individual. When the viral load is undetectable, it's highly unlikely to transmit.
And see the entire second paragraph is subjected amongst mystifying the disease itself. The progression of ARV's and the new medications brought onto the market, are to combine the cocktail of drugs you would've taken in the 90's and to relieve heavy symptoms those drugs can implement on an individual's body.
The ONLY reason HIV spreads is due to lack of education and the stigma surrounding the criminalization of the HIV.
|
|
|
Member Since: 8/3/2012
Posts: 19,910
|
Quote:
Originally posted by SailorMoon
Yes it is, it falls under a chronic disease.
|
Pretty sure they renamed most STDs to STIs (infections), since they do not show signs of regular diseases. HIV in particular is invisible and carriers do not suffer anything especially on medication.
|
|
|
Member Since: 3/15/2013
Posts: 1,186
|
Quote:
Originally posted by Brando
Pretty sure they renamed most STDs to STIs (infections), since they do not show signs of regular diseases. HIV in particular is invisible and carriers do not suffer anything especially on medication.
|
HIV/AIDS isn't considered an std or an sti.
A majority of infections come from drug use (needle sharing), unprotected anal/vaginal sex, blood transfusions, mother giving birth to child, so on so forth. You can't generalize a disease like HIV.
|
|
|
Member Since: 11/27/2010
Posts: 9,806
|
|
|
|
Banned
Member Since: 3/19/2012
Posts: 7,835
|
Quote:
Originally posted by Vato
1. HIV+ people should NOT be required by law to disclose ****. The entire responsibility should fall on the neg person since well, it's THEIR body?
|
Seriously? Do you have HIV or something? That's insane. 
|
|
|
Banned
Member Since: 12/29/2002
Posts: 19,803
|
Quote:
Originally posted by Goosey
Seriously? Do you have HIV or something? That's insane. 
|
Mija you're only 4 years late. I thought it was common knowledge? 
|
|
|
Member Since: 3/15/2013
Posts: 1,186
|
Quote:
Originally posted by Vato
Mija you're only 4 years late. I thought it was common knowledge? 
|
 i applaud you man for the bravery!
|
|
|
Banned
Member Since: 3/19/2012
Posts: 7,835
|
Quote:
Originally posted by Vato
Mija you're only 4 years late. I thought it was common knowledge? 
|
You think people should be allowed to give others HIV without any repercussions? If someone knows they are HIV positive and spreads their HIV to another person they didn't inform, yes, they should be thrown in jail. If they don't want to be punished maybe they should try informing their partner of their condition. 34 states and 60 countries adopted these laws, and even more have other applicable laws.
|
|
|
Member Since: 3/21/2012
Posts: 55,134
|
You should disclose your status of you are HIV positive just to be safe . I think it is only right ..
|
|
|
Member Since: 3/15/2013
Posts: 1,186
|
Quote:
Originally posted by Goosey
You think people should be allowed to give others HIV without any repercussions? If someone knows they are HIV positive and spreads their HIV to another person they didn't inform, yes, they should be thrown in jail. If they don't want to be punished maybe they should try informing their partner of their condition. 34 states and 60 countries adopted these laws, and even more have other applicable laws.
|
But what I'm asking is for the people who are undetectable, healthy, and taking the medication properly. Those people are what these laws affect the most, a majority of people who spread it knowingly are never under the ARV's necessary to deflect transmission.
You can get thrown in jail for not disclosing it period, regardless if it was transmitted or even remotely possible to transmit (ex. condoms, etc)
|
|
|
Banned
Member Since: 3/19/2012
Posts: 7,835
|
Quote:
Originally posted by SailorMoon
But what I'm asking is for the people who are undetectable, healthy, and taking the medication properly. Those people are what these laws affect the most, a majority of people who spread it knowingly are never under the ARV's necessary to deflect transmission.
You can get thrown in jail for not disclosing it period, regardless if it was transmitted or even remotely possible to transmit (ex. condoms, etc)
|
What's the issue with disclosing it?
|
|
|
|
|