HIV is Not a Crime
Take Action to Stop the Criminalization of HIV in South Carolina
HIV is not a crime. But in South Carolina, and states across the country, it is criminalized.
The criminalization of HIV does not reduce HIV transmission. Rather, it increases stigma and discourages testing, both factors that increase HIV transmission.
The Facts About HIV Criminalization:
HIV criminalization laws do not decrease HIV risk behaviors or transmission rates.
Although numerous studies have been done, there is no evidence that HIV criminalization laws reduce transmission rates, or behaviors that put people at risk of HIV transmission.
HIV criminalization laws discourage HIV testing.
HIV criminalization punishes individuals for getting tested and knowing their HIV status, as someone can only be prosecuted under the law if they have a positive HIV test result.
HIV criminalization laws increase stigma and discrimination against people living with HIV/AIDS.
HIV criminalization increases stigma by reinforcing inaccurate beliefs about how HIV is transmitted and what being HIV positive means for someone’s life. Stigma discourages people disclosing their HIV status to sexual partners and others, getting tested, and seeking treatment, all things that lessen transmission rates.
HIV criminalization disproportionately affects already marginalized communities, including Black people, People of Color, transgender people, people who use drugs, and sex workers.
People criminalized for transmitting HIV may face employment, housing, immigration, education, and voting restrictions as a result of being incarcerated. This can negatively impact their health, their families, and their communities.
South Carolina’s HIV Criminalization Law
In South Carolina, people living with HIV can be charged with a felony if they:
Engage in sexual activity without disclosing their HIV status to their partner
Share used syringes with others
Donate blood, organs, human tissue, semen, or other body fluids
People living with a wide range of STIs, including HIV, can be charged with a misdemeanor for knowingly exposing someone to the infection.
There have been cases in South Carolina of people being charged on the basis of their HIV status for actions that do not actually transmit HIV, such as biting and spitting.
People living with HIV who engage in sex work can receive enhanced sentences if they are convicted of prostitution.
As of 2013, people living with HIV who are incarcerated in South Carolina are no longer segregated from the rest of the prison population. South Carolina was the last state in the country to end this segregation.
How Do We Actually Reduce HIV Transmission?
Expand HIV Inclusive Sexual Health Education
Expanding public access to HIV inclusive sexual health education can raise awareness about how HIV spreads and encourage safer sex and conversations among sexual partners about HIV status and risks.
Expand Access to PrEP & PEP
PrEP stands for pre-exposure prophylaxis; it is a medication for people who do not have HIV, that can reduce their risk of contracting it. PrEp can stop HIV from spreading throughout your body if you are exposed.
PEP stands for post-exposure prophylaxis. This is an emergency medication for people who believe they have been exposed to HIV, which can prevent them from contracting it.
PrEP and PEP are often available for free or at low cost to people in high-risk groups. To learn more about PrEp and PEP click here.
Expand Access to HIV Testing
By getting tested for HIV, individuals can learn their HIV status, and take steps to access treatment that will reduce their likelihood of transmitting the virus to others.
Raise Awareness that Undetectable=Untransmittable (U=U)
It is scientifically proven that people living with HIV who adhere to antiretroviral therapy (ART) and reach an undetectable viral load cannot transmit HIV to their sexual partners, even if a condom isn’t used. Raising awareness that undetectable=untransmittable can lower the stigma and misinformation about HIV, and the treatment of HIV through ART can actually prevent HIV transmission.