Tennessee state law discriminates against people with HIV: DOJ
by: Megan Fayard
MEMPHIS, Tenn. — The U.S. Department of Justice announced Friday that the State of Tennessee and the Shelby County District Attorney’s Office violated the American Disabilities Act by subjecting those living with HIV to harsher criminal penalties due to their HIV status.
According to a press release, Tennessee’s aggravated prostitution statute turns what would normally be considered misdemeanor conduct into a felony charge, because the individual has HIV.
An individual convicted of aggravated prostitution faces three to 15 years in prison, as well as a fine of up to $10,000. An individual convicted of a misdemeanor charge concerning the same conduct is subject to a sentence of six months or less and a fine of up to $500, reports say.
“Tennessee’s aggravated prostitution law is outdated, has no basis in science, discourages testing and further marginalizes people living with HIV,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
The aggravated prostitution statute applies statewide, but it has reportedly been enforced most frequently in Shelby County.
Aggravated prostitution is categorized as a “violent sexual act” which calls for required registration on the Tennessee Sex Offender Registry by those convicted, in most cases this is lifelong.
“People living with HIV should not be treated as violent sex offenders for the rest of their lives solely because of their HIV status. The Justice Department is committed to ensuring that people with disabilities are protected from discrimination,” said Clarke.
According to reports, those placed on the registry face restrictions in where they live, work, and go in public. They experience increased homelessness and unemployment.
Public disclosure of information about an individual’s HIV status can also lead to harassment and discrimination.
The State of Tennessee, Tennessee Bureau of Investigation, and the Shelby County District Attorney’s Office have received written notice of the Department of Justice’s findings, which detail the minimum remedial measures necessary to address the concerns.
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