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Commentary: Stop Locking Up Black Men for HIV

HIV transmission laws often unfairly target Black men. From Nushawn Williams in 1997 to Nikko Briteramos in 2002 to Michael Johnson today, most of the high-profile cases have targeted African-American men. It continues a pattern from the past three decades in which our country has been locking up thousands of Black men for nonviolent drug offenses and other low-level crimes. Do we really need to put more Black men in prison?

Published
15 May 2015
From
BET
“Tiger Mandingo” Found Guilty In HIV Case, Faces Life In Prison

A jury found the former college wrestler guilty of recklessly infecting a partner with HIV, attempting to recklessly infect a partner with HIV, and three counts of recklessly exposing partners to HIV.

Published
15 May 2015
From
BuzzFeed
Military Court Vacates Affirmation of HIV Charges Against Ken Pinkela

The U.S. Court of Appeals for the Armed Forces (CAAF) has vacated the decision of the Army Court of Criminal Appeals (ACCA) to affirm HIV-related charges of aggravated assault and reckless endangerment against Lieutenant Colonel Kenneth Pinkela of the U.S. Army.

Published
27 April 2015
From
Poz magazine news
Victoria moves to repeal HIV-specific law criminalising deliberate infection

Health advocates say the 1993 law, which makes it an offence to intentionally transmit HIV, is stigmatising and counterproductive to prevention efforts.

Published
14 April 2015
From
The Guardian
Germany: Aachen Court re-evaluates key ‘mens rea’ requirement in German law, rules HIV transmission without disclosure is negligent injury, not intentional harm

Last week, for the first time a German court ruled that HIV transmission without prior disclosure was negligent injury, rather than intentional harm.

Published
31 March 2015
From
HIV Justice Network
Brazil: HIV-specific criminal law introduced amid media frenzy and moral panic over ‘barebacking’ gay subculture

On April 2nd 2015, a simply worded amendment to Article 1 of Law No. 8072 of July 25, 1990 – covering ‘heinous crimes’ – will be presented to the Brazilian Parliament by the populist Congressman, Pompeo de Mattos.

Published
30 March 2015
From
HIV Justice Network
Kenya: Court nullifies section outlawing reckless spread of HIV

The High Court has declared unconstitutional a section of the HIV and Aids Prevention and Control Act that sought to criminalise reckless spreading of the disease.

Published
30 March 2015
From
Standard
Thai junta may pass law banning men who have sex with men from monkhood

The junta cabinet in Thailand has approved a bill on religion which can be used to prosecute, with jail terms, people who propagate ‘incorrect’ versions of Buddhist doctrines or cause harm to Buddhism. The bill also posts jail terms specifically for homosexual monks.

Published
11 March 2015
From
Prachatai. org
Should An HIV-Positive Body Be Considered a Deadly Weapon?

Terrance Williams's act was profoundly thoughtless, but was it malicious, and should it be considered a crime? And if so, what kind of crime? These questions have been the subject of New York court proceedings for nearly four years. The Williams case is, in a sense, a final vestige of the scariest, most dangerous age of AIDS, when the disease carried a powerful stigma, and an infected body was seen as a dangerous weapon.

Published
02 March 2015
From
Bloomberg
New York Court: Not Disclosing HIV Before Sex Is a Misdemeanor, Not a Felony

An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.

Published
23 February 2015
From
New York Times
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