4 ms·
Wasn’t SB239 mostly passed so that people whose HIV treatment has rendered it untransmissible can resume normal sexual activity without having to warn everyone
by jowday 5y ago
Wasn’t SB239 mostly passed so that people whose HIV treatment has rendered it untransmissible can resume normal sexual activity without having to warn everyone they hook up with? I’d agree it’s a weird way to go about it - probably would be better to just make it not a crime at all if HIV has reached undetectable levels in your blood for at least six months instead of reducing it to a misdemeanor for everyone with HIV - but I often see people bring up this law without the context of the advancements in HIV treatment that motivated it.
Edit: Looks like it was mostly passed because the prior laws were almost exclusively used to charge sex workers with felonies when they’re brought in for minor charges like solicitation - they’d get convicted for solicitation, forcibly tested for HIV, and then get their misdemeanor solicitation charge upgraded to a felony if they tested positive, even if there’s no evidence they were going to engage in activity with a high risk of transmission or not take precautions to prevent transmission.
https://www.washingtonpost.com/news/to-your-health/wp/2017/10/09/knowingly-infecting-others-with-hiv-is-no-longer-a-felony-in-california-advocates-say-it-targeted-sex-workers/ https://www.washingtonpost.com/news/to-your-health/wp/2017/1...
- at_a_remove 5y agoI think that a concern exists in some about the potential gap between "untransmissible" and someone saying that they are untransmissible. Compliance/adherence is a big deal. "In the United States, the rate of adherence to HIV therapy is generally low." as one meta-analysis went.
- wayneftw 5y agoThe right thing to do would be to legalize prostitution. I guess "my body, my choice" somehow isn't a good enough argument for this.
- deleted 5y ago[deleted]