Reading 2

Question 1

What is the criminalization of HIV?

Answer 1

• HIV-specific criminal statutes and the applixation of general criminal law (such as assault) to exposure to or transmission of HIV
• “transmission of HIV virus through any means by a person with full knowledge of his/her HIV/AIDS status to another person” regardless of whether the actor had any intention to do harm

Question 2

What is the difference between criminal and noncriminal behavior?

Answer 2

Criminal liability typically depends on a blameworthy state of mind (achieved intent to infect another with HIV)

Question 3

Explain the issues regarding the unclear distinctions between criminal and noncriminal transmissions of HIV

Answer 3

The difficulty arises with cases such as:

• individuals who know they are at risk of having HIV but avoid testing,
• those who know they are HIV infected but occasionally have unprotected sex
• those who know they are HIV infected and regularly have sex without disclosing or taking precautions

Question 4

What are the implications of the study comparing individuals in Illinois and New York?

Answer 4

There is no significant difference in sexual behavior between individuals who believed that their state law required condom use and those who did not (therefore policy does little to prevent HIV transmission)

Question 5

Why does the author state that criminalization is a “poor substitute for improving women’s status” ?

Answer 5

Criminal laws do nothing to address women’s subordinate socioeconomic position, which makes it more difficult for women to insist upon safe sex with nonmonogamous partners, particularly husbands, and may make it dangers for them to disclose their own infection.

Question 6

What needs to change in order to address these issues regarding improving women’s status?

Answer 6

Policies should:

• protect women against violence
• promote equal status of women in marriage, inheritance, access to credit, and employment
• address cultural practices such as dry sex and “wife inheritance” that render women more vulnerable to HIV

Question 7

What are the three elements needed for ane ffective public health and human rights response to the criminalization of HIV?

Answer 7

1. Jurisdictions should not adopt criminalization policies, and those that have already done so should reverse course
2. Equality for Women
3. Vigorous efforts to reduce the harms from criminalization

Question 8

Discuss several methods described in the article to reduce the risk of HIV transmission from one partner to another

Answer 8

In protecting others:

When the circumstances make it possible to disclose their status,

must protect themselves and others when they engage in sexual behavior or other transmissive behavior

Question 9

“National legislation adds even broader elements, criminalizing exposure as well as transmission…”

With this statement, criminalization now includes what?

Answer 9

Mother-to-child exposure