HIV Disclosure Laws

Thursday, December 05, 2013

Thirty-five states have laws which make it a crime for an HIV positive person to not disclose their status before having sex with a partner. In 29 of those states, it's a felony to expose someone to HIV - even if the infected person has taken measures to protect their partner and whether or not the virus is actually transmitted. These laws are controversial- and many of the cases reveal the problems of mixing law enforcement and public health. Sergio Hernandez discusses his article "Sex, Lies & HIV: When What you Don’t Tell Your Partner Is a Crime," which was co-published by ProPublica and Buzzfeed.


Sergio Hernandez

Comments [4]

D.Owen Plunkett from albany

great story.

Dec. 06 2013 03:40 AM
Mark Dorfman from NYC

Regarding the case mentioned about the guy jailed for not disclosing his HIV status before having sex with a partner he'd just met online, isn't the guy who performed oral sex have some level of responsibility for ASKING his partner about his HIV status? Although I agree that an HIV positive guy should volunteer that information, in such cases where people are having spontaneous, anonymous sex, they have to accept some responsibility for protecting themselves. They should assume that everyone they have sexual relations with is HIV positive and act accordingly.

Dec. 05 2013 01:55 PM

PC kills.

Dec. 05 2013 01:51 PM
Sarah from UES

The dating website OKcupid asks that users provide their HIV status in their public profiles. As a negative person even I found this to be a huge breach of privacy. It is very easy for anyone to seek you and find your status, and there are huge stigmas that exists for HIV status. It's not as if HIV is the only sexually transmitted disease. Everyone should be responsible for asking their partners and informing them.

Dec. 05 2013 12:31 PM

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