Understanding HIV & STI Criminalization Laws in the U.S.: Impact, Inequality, and the Importance of Honest Communication
Let’s talk about HIV & STI criminalization laws in the U.S.
This topic gained traction in some of my recent posts, and I want to address it here. In the US, 35 states have laws that criminalize HIV exposure (CDC, 2022).
Further, 10 states have laws that require people with HIV who are aware of their + status to disclose their status to sex partners, and 3 states have laws that require disclosure to needle-sharing partners.
I’ve shared previously about the inequalities associated with these laws and was surprised that even the CDC had a statement stating that many of these laws are outdated given current research. Further, the CDC notes that these laws lead to “…increase stigma, exacerbate disparities, and may discourage HIV testing.”
Most laws are state specific. As of 2022, the CDC reviewed and grouped such laws into four categories:
1) criminalize or control actions through HIV specific statutes and regulations
2) criminalize or control actions through STI/STD/communicable/infectious diseases specific statutes
3) sentence enhancement statutes
4) none/general criminal statutes
You might be asking, “What about herpes?” This varies by state. While some may specifically call herpes out, states like California make all STIs applicable under the law, rather than just HIV.
14 states use this method of criminalizing/controlling actions through STI/STD/communicable/infectious diseases specific statutes.
Here are a few key takeaways:
1) instead of addressing “herpes,” laws may call out “communicable diseases”
2) as noted by the CDC (2022), many of these laws increase feelings associated with stigma and reduce the likelihood of STI screening and communication between partners.
3) being open and honest with your sexual partners matters - regardless of the criminalization laws. You deserve honest communication, too.