Criminalization of HIV Transmission Sign-on Letter

This summer people living with HIV in the U.S. have faced a wave of criminal charges for activities with extremely limited or no risk of HIV transmission:

• May 2008: An HIV positive man in Texas is charged with using his "infection as a weapon" after biting a security guard during a scuffle.
• May 2008: Another HIV positive man in Texas is charged with assault with a "deadly weapon" after spitting at a police officer and receives a 35-year sentence.
• July 2008: An HIV positive woman in Georgia is sentenced for 3 years in prison for spitting in another woman's face.
• August 2008: A New Hampshire man of unknown HIV status is forced to pay a fee for an HIV test of a police officer he is accused of spitting on.

The media has picked up these stories, framing the accused as maliciously trying to spread the disease, even in cases where transmission is impossible. This spreads misinformation, threatening to undo decades of community education efforts.

The Centers for Disease Control and Prevention (CDC) have long said that saliva, tears, or sweat do not present an appreciable risk of HIV transmission, but severe sentences have been upheld for people living with HIV in the U.S.

It's time for the CDC to support the work of advocates in this fight against the senseless criminalization of HIV positive people in the U.S.

Click here to download the letter or read below:

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October 20, 2008

Dr. Kevin Fenton, MD, PhD
Director, National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention
Centers for Disease Control and Prevention
1600 Clifton Road, NE
Atlanta, Georgia 30333

Re: Criminalization of HIV Transmission

Dear Dr. Fenton:

The Community HIV/AIDS Mobilization Project (CHAMP) and the undersigned community -based organizations and individuals urge the Centers for Disease Control and Prevention (CDC) to adopt a proactive communications strategy to combat dangerously misleading information concerning the transmission and communicability of HIV currently being advanced as a result of criminal prosecutions of people living with HIV/AIDS in the United States.

In May 2008, a 42-year-old HIV positive man in Texas who spat at a police officer during an arrest received a cumulative sentence of 35 years by a Dallas court after a jury was convinced that the man had used his saliva as a “deadly weapon.” More than 180 media outlets around the world picked up news of this case – and only a few clarified to the public the impossibility of HIV transmission by spitting. Since May, the media has reported on at least three other cases concerning the prosecution of individuals accused of exposing others to HIV by way of spitting.

Criminalizing exposure to or transmission of HIV exacerbates vulnerability to infection; it has no preventative effects, further stigmatizes people already living with HIV, and discourages others from disclosing their status or getting tested, since only people who actually get tested are subject to prosecution. Further, these cases undermine the efforts of public health advocates who have worked tirelessly over the years to educate the public about HIV.

CDC has long maintained that contact with saliva, tears, or sweat does not expose others to an appreciable risk of HIV transmission. The continued perpetuation of misinformation by the criminal justice system and the media about how the virus is transmitted underscores the need for more effective HIV communication and education strategies that are accessible to the general public. In light of an unabated and growing HIV epidemic among particularly vulnerable segments of the U.S. population (gay, bisexual and other men who have sex with men, black women and other minorities), we believe that it is incumbent upon CDC to aggressively respond and provide the public with the most accurate information to reduce HIV vulnerability.

We therefore recommend that:

• As the lead federal agency in communications about HIV/AIDS, CDC should quickly re-position itself as the primary resource for accurate information about the transmission of HIV, using clear messaging and key spokespersons to communicate to the widest possible audience;
• CDC should work in close collaboration with state health departments as well as legal and policy advocates nationwide to increase the range and type of HIV/AIDS education materials that are written specifically for those working within the criminal justice and court systems;
• CDC should develop a rapid communication response – including fact sheets addressing transmission risks and myths – to combat scientifically unfounded prosecutorial and judicial responses to incidents of supposed HIV exposure as well as the related media and public misinformation about the risks of HIV transmission.

CDC's leadership on this issue would make all the difference in ending a major government role in the reinforcement of HIV-related stigma.

Thank you for your time and attention. We look forward to your reply.

Sincerely,

(Download the PDF to view the full list of signers.)