New criminal statutes are needed to combat these disparities. First, this Comment discusses the history of HIV/AIDS and the historical discrimination against homosexual men in the United States. Then, this Comment examines international legislation and approaches to HIV transmission laws, specifically in Uganda, Australia, and Niger.
significantly less discrimination against gay men than current HIV criminal laws.
In the late 1980s, states began enacting HIV-specific criminalization laws after panic hit the nation.
However, these laws fuel the stigma surrounding HIV and disparately impact gay men.
Some states have continued to advocate for these HIV-specific statutes, while others have expressed the belief that repeal would be the more appropriate approach.
The link between AIDS and criminals similarly did not help the homosexual male stereotype associated with the disease.
This fueled prejudice against persons affected by the disease. affects homosexual men, drug users, Haitians, and hemophiliacs—thank goodness it hasn’t spread to human beings yet.” As the link between AIDS and homosexuality became increasingly apparent, so too did vulgar prejudices towards gay men.
For instance, one woman in an interview stated “[t]his disease . Cultural stigma surrounding HIV/AIDS is still prevalent today.
Rather than simply repealing these laws, this Article explores the more appropriate solution: to create a new model criminal statute with stricter intent requirements, a higher level of scrutiny, a duty to disclose one’s HIV status, and with defenses, penalties, and remedies. You are HIV positive.” That is something no one wants to hear from his or her doctor.
Those nine words can invoke immense emotions: fear, panic, anger, depression, denial.