Video summary
HIV criminalization laws often have severe cross-state implications, where a conviction in one jurisdiction can force an individual to register as a sex offender in other states, regardless of whether those states have similar statutes. This issue is critically examined by the Williams Institute at UCLA, a research center that utilizes data and Freedom of Information Act requests to expose how people are criminalized solely due to their HIV status. The institute's work highlights specific legal failures, such as felony charges for non-disclosure in Ohio and Tennessee, where even conversations about sex work can lead to arrests and mandatory lifetime registration, while Indiana's "battery by bodily fluid" laws have prosecuted actions like spitting or urinating during mental health crises—acts that do not transmit HIV.
These restrictive and often outdated laws disproportionately impact marginalized communities, including Black women, sex workers, and people living with HIV, frequently punishing individuals who lack malicious intent. Such legislation directly contradicts public health goals by creating a "test to risk arrest" phenomenon that discourages testing and treatment rather than encouraging them. Furthermore, these statutes fail to recognize modern medical advancements like undetectable equals untransmittable (U=U) and pre-exposure prophylaxis (PrEP), leading lawmakers who remain unaware of current science to enact policies that endanger public health by driving people away from care systems.
Despite the advocacy efforts of organizations like the Center for HIV Law and Policy, SIRO Project, and Positive Women's Network, many policymakers continue to support these harmful regulations, underscoring the urgent need to involve people with lived experience in the policy-making process. The video concludes by emphasizing that decriminalization is essential for aligning laws with scientific reality and protecting vulnerable populations from unjust prosecution. Viewers are encouraged to engage with the content by liking, subscribing, and sharing the information to support these vital advocacy efforts and help raise awareness about state-specific laws and available resources.
Read the full video transcript
If someone is in [snorts] a state where
they are put on the sex offender
registry for not disclosing their HIV
status,
does that transfer to other states even
though the laws are different there and
they wouldn't have been put on the sex
offender registry there? Yeah. Uh it's a
good question and the answer is almost
always yes. So, usually you have an
obligation to register in another state,
even if it wasn't a crime in that state.
Well, hi Nathan. How are you?
>> I'm doing well. It's nice to see you and
to talk to you today.
>> You as well. So, just jumping right in.
Um what this is a question that I ask a
lot of folks so you can answer this
however you feel is relevant to you but
what is your perception of the global or
perhaps the um national HIV epidemic at
this point?
>> Well I I think it's important that you
start by mentioning actually two things
in there. One is that it is global. Um
and and the second is that there is
still an epidemic. Transmissions happen
every single day. The vast majority of
them are preventable. Um and um for
every new person who learns of their HIV
positive status, we hope that they um
are able to enter treatment. we have
excellent um uh treatments and therapies
available for everyone both people
living with HIV and people not living
with HIV. Um so the uh the epidemic is
still going. Um the good news is that we
have a lot of options for care um
regardless of your HIV status. Um, and I
think the focus really needs to be on uh
improving access, improving awareness,
and especially above all else reducing
uh fear and stigma around HIV. I think
that that 40 years on still drives so
much of the HIV epidemic both nationally
and globally.
>> Well said. Thank you.
Um,
and can you tell me a little bit about
the Williams Institute. What, for those
that aren't familiar, what does an
organization like that do exactly?
>> Yeah. Um, Williams Institute is is
really kind of unique. We are part of a
university. We're part of UCLA's law
school. Uh, but we're a research center.
Um, we've been going for 23 years now.
23 or 24 years. Um we were for a while
the only research center dedicated to
studying uh law and policy that affects
sexual and gender minorities. So LGBTQ
plus individuals. Um and the idea from
the start has been to let um the data to
let facts inform policy rather than as I
just mentioned in fact you know fear,
stigma, prejudice. Um uh so if you wind
uh rewind all the way back to about the
year 2000, that's about when we got
going. You know, this was uh don't ask
don't tell was still on the books. Uh
this was before Lawrence v. Texas.
States could still criminalize um people
for engaging in same-sex sexual
relations. There was no same-sex
marriage. Civil unions were still a long
way off. um uh let alone all of the
tremendous strides we've made um around
trans visibility and trans rights. Um
that mission uh is just as vital today
as it was in the year 2000. um people,
sexual and gender minorities across the
United States and actually now we're um
we have a lot of active research
globally, you know, still face um
terrible social, legal, economic and
political burdens. Um we think that the
best way to fight against that um fear,
stigma, homophobia, transphobia is to
let the data speak, right? um uh
same-sex couples uh are are not just
beautiful beautiful sort of spiritually
beautiful to see on the street, but also
for the economy, for society, for the
communities that they're embedded in,
for the children uh who they um uh raise
and love. LGBTQ people make tremendous
contributions in the workplace and
shouldn't be discriminated against
because of their um uh gender identity
uh or or sexual orientation. Um, we've
also uh looked at HIV and HIV
criminalization. Of course, those are
not the same thing, right? The people
living with HIV are not the same thing
as sexual and gender minorities. But one
of the communities, two of the
communities most affected by the HIV
epidemic in the United States um are um
uh LGBT people and also TE people. That
is um uh lesbian, gay, and bisexual
people. although lesbian much much less
so, but still are part of this broader
um uh community of LGBTQ people. And so
we thought it was appropriate um really
for almost a decade now to be looking at
um the effect of HIV and especially HIV
criminalization on people living with
HIV.
>> So is your organization focused
nationally or internationally as well?
We used to uh primarily do well we still
primarily our research is is focused on
the United States. Um at the very
beginning it was only uh US related
research. Over time we've had the
opportunity to grow that portfolio
internationally. We have an incredible
uh uh set of scholars both within the
Williams Institute focused on
international issues. um uh Ari
colleague and also Miguel our colleague
their portfolios are 100% international
and we also are able to work with a
number of external collaborators to look
at um uh issues we recently were uh
publishing on uh the Balkans um in
southeastern Europe we've had a large
portfolio focused on Latin America and
Mexico we just released I think last
week on attitudes towards LGBTQ people
in China So it's really quite exciting
for us to be able to take what we know
about the sort of data, analyzing the
data, letting the data inform policy and
share that expertise with colleagues and
collaborators across the globe.
>> That's amazing. That's exciting. Um I'm
curious
when you say gathering data, what does
that look like?
Uh so across the board and I'll talk
very generally about the Williams
Institute and then I can talk about uh
HIV a little bit more uh in detail if
you like. Um we look at uh a lot of
topics. So for example, health,
behavioral health, mental health uh
affecting LGBTQ people that might
involve you know original surveys that
um our collaborators um conduct. You
might have heard of the US trans survey.
It's the by far the largest survey of
trans individuals I think anywhere ever.
Um there was one in 2015. There was one
that was conducted in 2022. Uh our
colleague Jodie Herman was one of the
principal investigators on it. And um my
understanding is that they had, you
know, hundreds of thousands of people
who identify as as trans uh who
responded um really detailed look at um
uh economic, social, uh health um
factors. Um things like uh how easy is
it? Do you have identity documents that
um uh match who you are? How easy has it
been to get them? uh you know have you
faced discrimination because of lack of
identification you know what sort of
economic security or insecurity are you
facing so you have those sorts of things
we also rely on big national surveys of
um of health outcomes there's one
actually called the California health
interview survey um I'm in California
that's uh sort of housed at UCLA really
really detailed information on um not
just uh mental health uh and physical
health, but sort of sexual health and
well-being. We're able to look in really
fine grain detail, for example, on how
immigration status or um access to
stable housing affects uh outcomes. And
of course, the Williams Institute's
specific uh gloss on all this is, you
know, what is what do these look like
for sexual and gender minorities? And
sometimes that looks like everybody
else, and sometimes there are really
distinct patterns. And unless you're
able to look at sexual orientation and
gender identity like you would race,
ethnicity like you would with somebody's
um sex assigned at birth like you would
with somebody's economic um outcomes,
you know, how much money they're making
or educational attainment. Unless you're
able to specifically focus on that, then
um those dynamics can get lost and then
you might make, you know, public
policies that um uh aren't as
wellcrafted as they could be.
>> And then as far as HIV, is that through
the same surveys or is that separate?
Some of some of it is um especially when
we're looking at um things like uh
access to prep or access to um care
continuum for people living with HIV,
access to testing. We could look at for
example the California Health Interview
Survey. There's um Burface and I always
forget the acronym that's a very large
nationally focused one. Behavioral uh uh
health risk factors. I think there's
actually a youth version of that as
well. The reason we like these sorts of
um big comprehensive surveys is that
they're some of the few um high quality
uh research endeavors that actually ask
about sexual orientation and gender
identity and expression. You might know
the census doesn't ask about that. In
fact, it was a monumental fight to get
um same-sex couples included in the
census. There's something called the
American Community Survey. all of these
other big sort of demographic data sets
that scholars across the United States
use to understand Americans and American
communities um until very recently just
didn't have any information on sexual
orientation or gender identity and
actually the Williams Institute um has
been instrumental in advocating for
better data collection around sexual and
gender minorities. So we do use that for
some of the HIV related research because
again um we want to know how um sexual
and gender minorities especially are
affected by these issues. What I focus
on most of my time is HIV
criminalization and that's a little bit
different. That's not something that you
learn about from surveys normally. What
we have to do is go state by state and I
can talk about what I mean by HIV
criminalization in a minute. Um but but
really what we're trying to do is go to
law enforcement agencies, go to court
systems, go to department of
corrections, even go to a sex offender
registry, something like that, and try
to identify among the unfortunately
millions and millions of people in the
United States who have been criminalized
to try to find who are those people who
are coming into contact with the
criminal legal system because of their
HIV status. And then once we're able to
identify them, then we get into the
documents. It's a much messier um uh
more involved process. It's a lot harder
to do, but we think it's incredibly
important because people are being
accused of crimes, being arrested, being
prosecuted, being convicted, being
incarcerated,
uh, and sometimes even put on sex
offender registries because of uh,
allegations related to their HIV status.
So with surveys, I picture I mean you
even mentioned a principal investigator.
So a more formalized process of creating
the survey scientific having people
respond. This what you're talking about
saying it's more messy. I almost picture
like having an Aaron Brockovich moment
and
>> papers and things spread around and just
trying to like make sense of everything.
Is that accurate? [laughter]
>> I think that's a good description. Or
think about what reporters are doing. We
do a lot of document requests. We do a
lot of Freedom of Information Act
requests. We are an academic institution
or academic entity within an academic
institution. So, we still have to go
through all of those formal processes
that everybody else doing research at a
university has to do. So, there's
something called IRB, institutional
board review, instit institutional
review board. Um, we submit a proposal.
We say we want to study HIV
criminalization in Missouri and we think
these are going to be the relevant
agencies who have the relevant data.
We're not sure yet. We're going to try
to get it. Um we only are going to
collect deidentified information. We
never want to personally expose anyone
who's had to experience criminalization
because of their HIV status. We don't
want to be able to identify them
individually ourselves. and we certainly
don't want any of our reports to be able
to identify somebody. So, we have these
safeguards in place to make sure that
we're not doing any harm as we're
conducting our research. But when we're
getting down into it, it's it's some
Aaron Brockovage stuff. We got lots of,
you know, um, uh, governmental agencies,
not private sector fortunately, but
governmental agencies. They don't want
to tell you it. You have to come back
and say, "Well, the law says you have to
disclose this, and we'd like you to."
And then they come back and say, "Well,
it's going to cost us money to get us to
give you the records. It might take
months and months. There might be
negotiations." And we have to do that
differently in every single state. So,
it's fun. It's exciting. Um, it's very
challenging. And 90% of what I'm doing
is trying to get the records. Um, and
you know, it's it's a question I don't
have the answer for. Why do why does why
do government agencies feel so reluctant
sometimes to share information about
what they're doing? And I don't have the
answer to that question out of my mouth.
>> Yeah. [laughter]
>> Um you know, we can we can speculate
about it. I I will say that
>> um you know, these are almost
universally very difficult, very unhappy
stories. Um and there's a lot of uh
often what people would think of as um
injustices going on. Um you know, that
might be part of it. Also, you know, I
have a lot of sympathy for my um my
brothers and sisters, my siblings in um
in government jobs, local state
government. You know, you you don't have
a lot of resources. You've got a whole
bunch of other things you need to do.
Maybe you just don't, you know, you have
this annoying person from UCLA saying,
"I'd like you to look through all of
your records and see, you know, how many
people were arrested for criminal
exposure."
>> Yeah. Okay, that makes sense. Um, and
just to touch our toes into the matter,
what have your recent findings around
HIV criminalization? And I know this is
super broad, but what what are some
recent findings that aren't top of mind
right now?
Well, let me back up and and just give a
a brief definition. What do I mean by
HIV criminalization? We've used the the
term a few times. So, it's um uh it's
laws that make things conduct that would
be legal now illegal because of
somebody's HIV status. It's universally
somebody's HIV positive status. or else
that creative penalty enhancement again
because of somebody's HIV positive
status. Let me give you a couple of
examples. So in Ohio, if I have
consensual sex with another adult and I
don't disclose my HIV status, that's
perfectly legal so long as my HIV status
is negative. If it's positive, I'm now
liable for a felony conviction, I think
13 years in prison, and sex offender
registration. Now between those these
two scenarios, the only thing that's
different uh is the person's HIV status,
right? In one scenario it's negative, in
one scenario it's positive. Everything
else is the same. And yet now the person
living with HIV is liable for these
criminal penalties. Another example, we
go from Ohio south to Tennessee. Uh
prostitution, that is sex work.
Prostitution is the term that they use
in the law. uh is normally a misdemeanor
citation. Uh but until very very
recently was um if you're a person
living with HIV and you know your status
in both cases you need to know your HIV
positive status um you're now liable for
again felony conviction. So it gets
bumped up from a misdemeanor to a felony
felony conviction years in prison and
mandatory lifetime sex offender
registration in Tennessee. a
conversation about sex work is enough to
sustain that felony conviction. So, we
actually went to Memphis with our uh
colleague and collaborator there. We got
uh dozens and dozens of police arrest
affidavit. So, this is what the police
say happened when they arrested
somebody. And we found that in over 90%
of cases, the allegation was an
undercover police officer. So, they have
a vice squad. The allegation is an
undercover police officer from that vice
squad approached somebody who they
thought was engaged in sex work. They
had a conversation about sex work and
when a takedown notice was given, the
person was arrested. They found out the
person's HIV status got bumped up to a
felony. A conversation about sex work is
not an HIV transmission route. We also
found out that in half of those cases,
the riskiest sex act alleged was
receptive oral sex from the person who
wasn't living with HIV. And the average
dollar amount was about $15.
And of course, all of these people again
convicted lifetime sex offender
registration. If you're on the sex
offender registry and you have a kid,
you can't take your kid to the
playground. You can't walk them to
school. If your kid wants to have a
friend over, that's not going to happen
because you're not allowed to have other
children in the house. If you want to go
to a house of worship, but that house of
worship has a daycare center attached,
you're not allowed to go there. If you
want to go to a treatment facility that
has a pediatric ward, you're not allowed
to go to that impatient treatment
facility. You have to carry around an ID
with you at all times that says, "I am a
sex offender." There's a little on your
state ID, a little um tag that you have
to have on there. every time you move,
you have to update this state um within
I think two weeks of moving. And it's
not the worst part, but what really
drove it home to me was every year on
your birthday, within two weeks of your
birthday, but basically on your
birthday, you had to go to the Tennessee
Bureau of Investigation and pay them
money because you are on the sex
offender registry. So there's an annual
registration fee that you had to pay
every single year. So imagine trying to
have stable housing, stable income.
Imagine trying to um uh have a a stable
home life, be embedded in a community
when you have these constraints on you.
And again, for the vast majority of
these people who wound up on the sex
offender registry because of aggravated
prostitution, that's the name of the
offense, what they did, what what they
were alleged to have done was have a
conversation about sex work. So, you
know, these are two examples. One is
non-disclosure. The other one is sex
work while positive essentially. Um,
those are two examples of HIV
criminalization. Let me give you a
couple of other ones to really drive
home the po point. So, in Indiana, they
have what's called battery by bodily
fluid. It's essentially spitting or
biting. Um, spitting and biting are not
HIV transmission routes. Throwing fluids
at other people. So, in prisons, they
have um what's called gassing. You throw
urine on somebody. Again, this is not an
HIV transmission route. And yet in
Indiana, if you do that and you're a
person living with HIV, then you're
liable for years in prison. And we
actually got the probable cause of
arrest, similar sort of narratives from
police for dozens and dozens of these
people who were arrested and prosecuted
for this battery by bodily fluid. And
what did we find? And this this hasn't
been published yet, but we're hoping to
release these findings in the fall. We
have a report and I I'm happy to share a
link uh to that Tennessee reports to a
report recently from uh Ohio. So you can
look at some of the description and an
analysis of the laws. Um in Indiana what
um our report will show is that
overwhelmingly people were uh arrested
in the context of an acute mental health
crisis. either it was um uh something
like a psychotic break, you know, they
were in acute um distress um because of
some behavioral health challenge or else
they were extremely intoxicated which
again could be a mental health problem,
right? And so the allegation is um they
were uh arrested handcuffed in a police
car and they spit at or toward a police
officer. probably they weren't um they
didn't have all of their faculties there
when they did it anyway. But even if you
did, you know, you're very frustrated,
right? You're trapped. It's sort of uh I
can imagine it an expression of
frustration regardless. U you know, I
don't want to get spit at, right? Like I
don't want somebody to th urine at me. I
get it. It's gross. We already have laws
for that. But because of the person's
HIV status, now there now there's a
penalty enhancement. Now you're exposed
to even harsher penalties. So that's
what I mean by HIV criminalization. I
know that was a lot. [laughter] Maybe
you have questions. Sorry. I talk about
this all day long every day. So I packed
a lot.
>> I mean, I have to say just my immediate
reaction is how shocked I was. I got
chills a number of times when you were
talking about it. Like way beyond what I
would just imagine cursor like thinking
about it. Um, and and with the spitting
the bodily fluids, it just makes me
think of act up and and protests and how
often protesters can be seen spitting at
police or other people and how that
could be interpreted by the law in this
way is really scary.
>> Yeah. And um we see um unfortunately
sometimes public health collaborating
with law enforcement as well. All of
these laws require that the person knew
of their HIV positive status. And so
sometimes the police will go to the
county or the state public health
department and as as as you may know
right there's a confidential case report
form that gets sent to the CDC every
time there's a positive diagnosis. Um
also the state collects information on
people living with HIV. Um, and so they
will go and say, you know, do you have a
case report for this person? In Indiana,
and not just in Indiana, in many states,
they would often make u you sign a a
document when you receive your your
positive diagnosis, you know, prising
you of your obligations,
and then that gets held with the county
or the state public health department,
and then the public health department
gave that information to police.
Fortunately, that's changing in Indiana.
Um, they know there's not a document
that has to be signed like that anymore.
Um, public health departments are
increasingly coming around to the idea
that HIV criminalization runs counter to
public health objectives. It can
discourage testing and treatment um for
exactly the reason that I just
described. Uh there used to be a phrase
uh fortunately it's fallen out of um uh
out of use and that was take the test
risk arrest. Um
that sends that sends chills down my
spine. Um the idea that um these laws
which certainly are not increasing
testing and treatment could actually be
discouraging people from getting tested
or treated. Um uh I hope the people
listening here today um will use this as
an opportunity to do exactly the
opposite. Go out if you don't know your
status right now. Go out and get tested.
Bring a friend with you. Get two for the
price of one. Um uh we don't end the
epidemic with HIV criminalization. But
um we can end the epidemic through
increased testing and treatment. And
fortunately, the National Association of
State and Territorial AIDS Directors has
come out against HIV criminalization.
The American Medical Association has
come out against HIV criminalization.
The the Association of Prosecuting
Attorneys even has come out against HIV
criminalization. So, the professional
groups know that this is hurting their,
you know, their professional goals, the
thing that they want to achieve with
their job. you know, if you're in public
health, you do it because you care about
the health of the public. Um, and all of
the evidence that we have, at least is
showing that HIV criminal laws aren't
achieving that.
>> Yeah, I can't I can't say that that's
surprises me. um kind of like the war on
drugs or you know just any kind of law
that's so restrictive like that against
sex work uh against LGBTQ all of it is
just so counterproductive when it comes
to public health anyway.
>> Yeah. And um we've seen uh actually you
know tremendous um advocacy um led by
people living with HIV around um
molecular HIV surveillance lately as
well. Um it can potentially be a
powerful public health tool but it can
be also a powerful tool for
surveillance. Um the CDC has endorsed
the practice. Um
I don't know how many people living with
HIV they consulted before they endorsed
molecular surveillance but um
>> can you define what that is?
>> Uh yeah so um it's also known as um for
example cluster detection. So the idea
is to sequence um HIV um in people
living with HIV to see if you can detect
um clusters of cases. Um the science is
not very good and it what it absolutely
cannot do is detect directionality.
Right? So this case resulted from this
person. What it can do at best is say um
these two strains of HIV look similar to
each other. So they're probably um
somehow more related to each other than
say you know the this one over here or
this one over here. Um you know the the
idea is if you can detect a cluster then
maybe you can do some behavioral
interventions. It's like contact tracing
that we all remember from CO except this
is using some more sophisticated science
behind it. Um uh if your listeners um uh
or viewers um are living with HIV um
find out what your state is doing about
molecular surveillance and um if you
need help getting in contact with and
most of the states that we um interact
with have an active coalition led by
people living with HIV who are trying to
affect policy both on HIV
criminalization and other issues. um uh
see see what the the state public health
department's policy on this. See if um
advocates in your state are making sure
the public health department is
incorporating the views of people living
with HIV. And if they're not, then show
up, knock on their door. [laughter]
uh you know policy
you know um uh policy needs to be um
made by the people who are most affected
by the policy.
>> Yeah.
Um I'm just backtracking a little bit. I
had a question about the sex offender
registry. Um, if someone is in a state
where they are put on the sex
[clears throat] offender registry for
not disclosing their HIV status,
does that transfer to other states even
though the laws are different there and
they wouldn't have been put on the sex
offender registry there?
>> Yeah. Uh, it's a good question and the
answer is almost always yes. So, usually
you have an obligation to register in
another state even if it wasn't a crime
in that state. Uh, and there's a very
tragic recent case of a man by the name
of Robert Suttle. Um, he's an incredible
person. He's an incredible spokesperson
as well. You can hear him tell his story
in his own voice on YouTube and other
outlets. Um, Pause Magazine has profiled
him. several places have profiled him.
Um, uh, he was convicted in Louisiana
and placed on the sex offender registry.
Um, Louisiana has a an exposure statute.
So, um, the allegation was that he
exposed somebody else to HIV and it's a
very very very broad statute. Um, he
moved to New York. It was not a crime in
New York. Um uh the state of New York
said you have to register because you um
uh were convicted in Louisiana. Um this
was litigated in New York state courts.
The Center for HIV Law and Policy has
done a lot of advocacy on behalf of
Robert Suttle. The New York uh appeals
courts um decided in the end against
Robert Suttle. So he was required to
register in New York. I don't know what
the latest status of that case is, but
that um is I think where it stands
today. It truly is um a heartbreaking
story. And somebody who's um uh so
thoughtful and kind and willing to share
his pain to and to also go through the
challenge of of a court battle um
because he thought it was unjust. Um it
uh it breaks my heart the outcome.
>> Yeah. I can't imagine that
most people
watching, listening, would ever consider
that someone on a sex offender registry
would have gotten there in a way that I
or someone else would think is
not not valid or that they would have
that they would land on the registry
based on the laws in another state that
don't apply in this state. And
>> yeah,
>> yeah, tragic is is is
a good start for that.
>> And I think you know what we often
imagine when we think of HIV
criminalization are these worstcase
scenarios. You know, somebody
intentionally trying to cause harm to
someone else. Um, for which we already
have criminal laws. So we don't need
something that singles out people living
with HIV. But what we find over and over
in state after state, first of all, is
that these laws are continuing to be
enforced today. This is not HIV
criminalization is not something that
went away in the 1990s or early 2000s.
People are still being arrested and
convicted today. Um, but we also find
that it's overwhelmingly for things that
can't transmit HIV like spitting and
biting or that there's no allegation of
any um malicious intent that um act
allegations of actual transmission are
really really rare. Um and yet people
again are being exposed to
overwhelmingly felony uh prosecution. Um
and if convicted then years uh in uh in
an incarceration facility, usually a
prison,
>> [clears throat]
>> um that that worst case scenario that we
have in our minds um is what gets
reported on in the media, but when you
look at the data, that's overwhelmingly
not what's happening. It's um uh it's
for, you know, again, things like
non-disclosure, but you're undetectable.
But there's not an exception for that in
the law.
>> And um just to remind everybody, if
you're uh
engaged in intimate contact with
somebody and you're the person who's not
living with HIV, you can also take
medication to prevent to completely
eliminate the possibility of HIV
transmission. So whether you're the
person living with HIV or not living
with HIV, there are affirmative steps
you can do to completely eliminate HIV
transmission risk. And most of the laws
don't take that into account uh at all.
Um and what we read in the media again
are these really really you know
terrible heartbreaking stories. But
that's not what we see over and over.
You know for example um uh you know two
people are together they break up um or
there's a hookup um and you find out the
person's HIV status by finding that
medication. Well, if they're in
medication treatment um and they're
virally suppressed anyway, then um then
they were doing what they should have
been doing to take care of themselves
and to take care of you. But we see that
sometimes in the arrest affidavit used
as evidence that the person knew of
their HIV status and then they become
vulnerable to prosecution. Uh
fortunately, things like that aren't
possible in in many states, but you
know, that can happen in some states.
So, I don't want to give the impression
that the um that things like that are
happening in every state. Um but it can
happen in some states. Um in Louisiana,
for example, that could happen. Um in uh
Arkansas, I think that that could
happen. In Florida, I think that could
happen. Uh California, where uh where I
am today, um uh I think after the 2017
law revision, that's no longer a
possibility. I'll recommend again Center
for HIV Law and Policy. They have um an
excellent resource uh if you're curious
about the HIV criminal laws in your
state. They have a 50 state um uh
blowby-blow of the ways in which people
can and cannot be criminalized uh
everywhere.
>> Wow. Okay, that's fantastic. I'll be
sure to include that in the description
below once this goes live. Um,
>> and sorry and I'll give you um two other
organizations,
national organizations if you're
interested in getting involved. Um, one
is the SIRO project um led by people
living with HIV working on HIV
decriminalization.
um a fantastic organization if you want
to know uh how to get organized um how
to
bother public health officials and
politicians to change laws. uh they are
um leading that charge in a lot of
states and the other is positive women's
network again um led by people living
with HIV um specifically for um people
who identify as women or or fem oriented
um a and you know if you think that you
are alone um positive women's network
will hug you and hold you tight and tell
you that you're not alone.
>> Thank you. Yeah. and they also
[clears throat] do fantastic fierce
advocacy of course as well.
>> Yeah.
Um
I'm curious just as a kind of a side
note,
do you think that as far as disclosure
goes and and the fight in in um
the decrim decriminalizing these these
law these laws against HIV?
[clears throat] Excuse me. Do you think
that long acting injectable treatments
might offer
an off-ramp at some point being that?
Because often the the argument that I
hear um as far as being undetectable and
disclosure is
people will say, "Well, how do I know
that you're adequately taking your
treatment um every day?" Um and then I'm
seeing up to six month long acting
injectable treatments. It's like once
you have that injection, well then
you're good for 6 months. No, there's no
argument.
>> Yeah. Some states um have revised their
laws now so that um you're only subject
to criminalization
if uh transmission is possible or
there's a substantial risk of
transmission. So um uh if you're
undetectable then obviously you can't
transmit HIV and any um intervention
that gets you there whether it's an
injectable whether it's a daily pill
regimen um can be helpful in um
inoculating you from preventing you from
prosecution. The challenge is that many
states don't have these carveouts. And
also that um some people can't get to
undetectable. Um and if that's the only
affirmative defense, the only way that
you can prevent prosecution, then that
sort of leaves some people out. Um you
know, I think that's a difficult
negotiation that stakeholders have
sometimes with lawmakers is how to if
you can't do a full repeal, is there a
way to do a modernization
that still includes some people? Um, and
if you're only including some people,
that means you're leaving some people
behind. And again, that's a very, very
difficult conversation and negotiation.
The only way that it can happen is if
everybody is at the table talking about
it, uh, openly and honestly. Um, uh,
injectables though are are a fantastic
way though to make sure that you're
again taking care of yourself and
helping to take care of other people.
Um, whatever the law is, right? It's
just it's a good practice um if you can
tolerate the medications to to and have
access to them to use them. Um I also
think that you know um HIV treatment has
made such tremendous strides and I think
the general public and lawmakers are
really still stuck in the 1980s in a lot
of ways. They don't know that
undetectable equals untransmittable.
They don't know what prep is, let alone
an injectable that you can take that
will last for three months or six
months. Um, you know, there are really
novel interventions now with
postexposure prophylaxis as well or um
prep that UT there's a 211 sequence that
uh is being experimented with now for
people who only uh occasionally have
encounters. Um, so there are all these
new and interesting things and lawmakers
uh and policy makers just have no idea.
So often when advocates, you know,
people from serial projects, state
coalitions for example, are meeting with
lawmakers, um you know, there's just
basic education that um that still needs
to happen. Um and who better to deliver
that that um education than of course
you know have a doctor in the room have
a tr trusted expert as well but how
about the people who are living it every
single day of their lives. Um you know
this is why I keep on coming back to it.
The people most affected need to be are
also the best spokespeople for what the
best policy should be.
>> Yeah. I mean, you want to talk about
lack of information, nurses and doctors
who still are are not caught up, let
alone politicians who don't even work in
the medical field
>> and ter, you know, and there's still
this terrible moral judgment as well,
right? That um if you're a person living
with HIV, then you must have done
something wrong, that it must be your
fault. Um uh and
you know I think you know you encounter
that certainly with policy makers but
also with medical people who should be
medical professionals right um uh yeah
sometimes you think that people who
ought to be good spokespersons for the
cause um are not so much uh and I know
it's I know it's exhausting to have to
be an advocate to have to educate people
every single day right you just want to
live your life. Um
uh but sometimes we're called on to do
more than what we want to do. [laughter]
Sometimes we just want to stay in bed
and binge watch some TV or catch up on
my Bridgetton and we can't do it.
[laughter]
>> I hear you. Well, I do appreciate your
insistence on including people in the
community and people living with HIV.
that's been a huge focus for HIV cure
research, HIV treatment research in
general. Um and we see how not doing
that especially when it comes to
treatment um and vaccine excuse me and
vaccine approach. We saw that during
COVID and the pandemic how um kind of
just imposing policy and treatment on a
populace without engaging and being
transparent and educating first or
simultaneously
led to so much resistance and conspiracy
theories and what have you.
And this is why um I keep on coming back
to for example serial project and
positive women's network. Um you know
they are um led by people who live this
day in uh and day out. Um, so, uh, if
you're listening to this or watching
this, um, and you think, well, like I
don't know anybody living with HIV and
I'd love to get involved, um, but I
don't want to, you know, I don't want to
take up space where um, where other
people have lived experience. I'm I'm
happy to put you in touch with Positive
Women's Network, Sierra [clears throat]
Project. They will um, they will let you
know how you can be helpful to them.
Yeah, I'll have links to those as well
in the description below. Um, and again,
go ahead. Center for HIV Law and Policy
as well are just they are the definitive
resource for knowing what the laws are
in your state.
>> Perfect.
And so I'm curious kind of going back to
all the data gathering that you do uh
compiling aggregating sorting h how does
this what's the next step for all of
this all these findings how does that
interface with politicians and policy?
>> Yes. So um we we produced the research
and then advocates and policy makers um
hopefully use that to to make better
laws. Um you know for example what we
saw over and over was well first of all
you know thousands and thousands of
people have come into contact with the
criminal legal system because of these
laws. um it's not it's not um a rare
occurrence you know it does happen um uh
pretty often and it's continuing to
happen so that itself I think is sort of
a wakeup call to policy makers to say oh
maybe we should pay attention to this um
and we also point out over and over we
see this wherever we look that some
communities some individuals are much
more likely to be criminalized because
of their HIV status that's especially
black Americans women sexually uh and
also sex workers. We suspect sexual and
gender minorities as well are
overcriminalized, but we don't have data
on that because um police are not and
courts are not regularly collecting this
information. Um
>> when you say women, are you referring to
cisgender women, trans women, both?
>> Yeah, I I wish I could give you a
clearer um answer to that. We suspect
it's um cisgender women. Um this is
again in sort of like police reports uh
and in court records when they have to
fill out the demographic information.
That's how we know for example the age
of somebody or um what's reported as
their race ethnicity. Um we often see
for example that um uh police can only
see in black and white literally. If
you're not black you're white. So people
who would identify as for example
Hispanic or Latino often don't get
written down as Hispanic or Latino.
They're sometimes put in put in unknown
or white or something else. It really
does come down to just black and white.
Um
>> why is that?
>> It's a great question. I would love to
know.
>> Oh my gosh. Oh
>> yeah. It's um it's shocking how um the
the beautiful diversity in the United
States sort of um race, ethnicity, but
also um gender identity and expression
are just flattened and forced into
binaries by you know um law enforcement
by the courts. So when I say women, um
certainly cisgender women um and we know
from qualitative research as well that
trans women especially are really
vulnerable to criminalization.
Okay. Wow. Um
>> and and you know what do we what do we
hope will happen with it? We hope that
the lawmakers um and the advocates will
look at the findings and say you know I
think there are things that we can do
here. You know if our goal for example
is to end the epidemic is this doing
what our own you know public health
departments are saying we need to do in
order to end the epidemic.
I there are so many rabbit holes that I
would love to go down with you. We're
the time has lit literally flown by. Um
this is been a really fascinating
conversation. I would love to have you
back on at some point in the future to
maybe
really deep dive on something um with
you and
>> Okay, that's
>> I'll try to get better lighting. You
know, you look fantastic here.
>> Get out of here. [laughter]
You're focused on much much bigger and
better things. Aaron Brachovich does not
have time for lighting. [laughter]
>> I bet Aaron Brachovich has a great line
>> now these days. Um, [laughter]
and you also mentioned that you would
love to have someone with lived
experience um as a follow-up to come on
and talk to me. I'd love to um connect
with that person too.
>> Yeah, I would be happy to organize
something. Um, you know, I think that is
the the most important really is to have
people with lived experience who can
say, you know, this is this is what
these laws did to me and to my
community.
>> Fantastic. Thank you, Nathan, um, for
this truly enlightening
um, scary, slightly empowering
um, conversation, especially in an
election year. Uh
>> yeah,
>> speaking of policy and law that has so
much impact on all of our lives in here
in the US and globally, um you have your
work cut out for you and I am cheering
you on. Um I would love for folks,
please weigh in with your questions,
comments. I'm sure you'll have plenty
for Nathan and I'm I'm happy to follow
up and follow up with him as well. So
thank you very much.
>> Yeah, I'd love to hear from everybody.
Everybody at home, please don't forget
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