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U.S. NEWS Wednesday 24 July 2019

Sex with HIV still a crime? Updated laws divide advocates

By SUDHIN THANAWALA tion and control strate-
Associated Press gies are “firmly rooted in
ATLANTA (AP) — As San- science.” Responding to
jay Johnson describes it, criticism that the change
his sexual encounter with leaves some people be-
James Booth on Oct. 2, hind, she listed multiple
2015, was a one-night programs that cover HIV
stand. But it would bind the medication.
men inextricably two years Critics say states should
later, when Booth walked decriminalize HIV exposure
into an Arkansas police sta- altogether unless there’s
tion and accused Johnson intent to infect someone.
of exposing him to HIV. That would reflect the re-
Little Rock prosecutors pur- ality that HIV is manage-
sued a criminal charge able and not easy to con-
against Johnson even tract, dozens of advocacy
though a doctor said he groups said in a July 2017
couldn’t have transmitted consensus statement.
HIV to Booth because he Georgia may be headed
was on medication that in that direction. Pending
suppressed his virus. legislation would require
“It really tested me just to intent to transmit HIV for a
keep going,” Johnson said prosecution.
about his criminal case, In this Saturday, July 20, 2019 photo, Sanjay Johnson poses for a photo, in Downtown Little Rock, It’s not clear how many
which ended this year. Ark. people have faced pros-
“Last year, I thought of sui- Associated Press ecution under HIV laws
cide.” patients from prosecution if requires a lifetime of expen- and have his record ex- around the country, but
Booth said he deserved to they’re on medication that sive medical treatment. punged. data from two states ana-
know about Johnson’s HIV has suppressed their virus. A The Arkansas attorney gen- But prosecutors also want- lyzed by a think tank at the
status regardless of any Louisiana law that took ef- eral’s office filed a brief last ed to promote the impor- University of California, Los
medical treatment. fect in August 2018 allows year in Johnson’s case re- tance of disclosing HIV to Angeles, School of Law in-
“I could have protected defendants to challenge a jecting the argument that potential sexual partners, dicate they aren’t isolated
myself,” he said. charge of exposing some- criminalizing HIV exposure he said. occurrences. Florida and
Roughly 20 states have one to HIV by presenting no longer served any pur- “The flip side of this coin is Georgia authorities made
laws like the one in Arkan- evidence that a doctor pose. that there is a victim to this nearly 1,500 arrests on sus-
sas that make it a crime for advised them they weren’t “HIV remains a serious crime,” the prosecutor said. picion of HIV-related crimes
people with HIV to have sex infectious. threat to public health,” it People with HIV who are from the 1980s through
without first informing their “We shouldn’t be creating wrote. on antiretroviral drugs that 2017, hundreds of which
partner of their infection, laws that create addition- In Booth and Johnson’s keep their viral load be- resulted in convictions, ac-
regardless of whether they al strata and divisiveness case, they met through a low a specific threshold cording to the Williams Insti-
used a condom or were among already marginal- gay dating app. have “effectively no risk” tute.
on medication that made ized populations,” said Eric According to Booth, John- of transmitting HIV, accord- Booth said he tested posi-
transmission of the disease Paulk, deputy director of son denied he was HIV ing to the federal Centers tive for HIV after his encoun-
effectively impossible. Georgia Equality. positive before they had for Disease Control and ter with Johnson. Johnson’s
Health experts and advo- The fight comes as the unprotected sex. Johnson, Prevention. But as of 2016, doctor, Nathaniel Smith,
cates for HIV patients say Trump administration aims 26, said he didn’t remem- only a little more than half told The Associated Press
that rather than deterring to eradicate HIV — the vi- ber discussing his HIV status. of the estimated 1.1 million that Booth couldn’t have
behavior that could trans- rus that causes AIDS — by A plea deal that prosecu- people living with HIV in the contracted HIV from John-
mit the virus, such laws per- 2030. tors offered Johnson shows U.S. were virally suppressed, son because a lab test
petuate stigma about the The laws’ defenders point officials were mindful of the CDC says. around the time of their
disease that can prevent to statistics showing tens advances in the science Sarah Lewis Peel, spokes- encounter showed John-
people from getting diag- of thousands of new HIV around HIV, said John John- woman for North Carolina’s son’s viral load was too low.
nosed or treated. diagnoses each year and son, chief deputy prosecu- Department of Health and Smith, who testified in John-
North Carolina and Michi- say that although the dis- tor in Pulaski County. The Human Services, said in an son’s case, also directs the
gan recently updated their ease may not be a death deal allowed the accused email that her state’s new Arkansas Department of
HIV policies to exempt HIV sentence anymore, it still man to avoid prison time policy ensures HIV preven- Health.q