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Decriminalizing HIV

Decriminalizing HIV

It is hard to believe that we have known a world that experiences HIV and AIDS for almost 40 years. For someone who has only been alive a few years longer than that, I really can’t remember a time when HIV wasn’t a thing. And certainly there are many people out there who only know this world.

Even though it has been close to 40 years since widespread acknowledgement of the first cases what became known as HIV and AIDS (it has been around much longer), we are still HIV/AIDS a tremendous chance to live a long and healthy life.

If only it was that easy.

The dangers of stigma and fear

Absolutely, keeping those who are affected alive is the primary concern. But society is another. And society is still infected with a dangerous combination of stigma and fear. Will we ever get away from this? Will reducing criminal sanctions on those who have sex without sharing their status allow for better acceptance?

HIV/AIDS was a vicious and unrelenting predator in the 80s. We didn’t know what it was and had no defense against it. The virus claimed a generation for friends and family, lovers and celebrities. We can’t get those voices back. We can’t get those stories back. We can’t get those hugs back.

And we’re still mad. Still afraid.

But it is time to move past this fear. Don’t think I am saying to leave your hurt and your pain behind. Remember that and remember your losses. But don’t let them hold you back from understanding and accepting those who are currently living with HIV/AIDS.

A measured response

Bills to reduce the criminal responsibility of having sex with someone and not disclosing your HIV positive status will help to reduce stigma and fear—and ultimately transmission rates. This may seem contradictory, but it is true. HIV becomes more of a problem in any person when they do not seek treatment or do not follow treatment regimen. One reason people do not keep up with their medication or seek out a diagnosis is stigma. They don’t want to be known as someone with HIV because society thinks so poorly of those who are HIV positive. So that might lead that person to continue to put other people in risky situations and possibly spread the virus to others.

On the other hand, someone who acknowledges and accepts their status and isn’t feeling the weight of a judgemental society is more likely to seek out treatment, take their prescribed medications properly and become more healthy. And when they do, their detectable viral load drops—hopefully to the point that it becomes undetectable. And when that happens, the potential for them to transmit the virus becomes virtually nil. Sex is no longer that hazard it used to be.

Some would argue that the threat of criminal prosecution should be enough to get people into treatment, that the possibility of winding up behind bars is a real deterrent. Frankly, that suggestion is absurd. There are countless rapist, molesters harassers and more inside prison cells because they wanted sex on their terms—knowing full-well prison could happen if they are caught. And there are countless others who roam free.

Prosecution is not a threat and we should treat public health issues with fear. Compassion, care and treatment will win the day and move HIV/AIDS forward with dignity.

About Jon Pressick
Jon Pressick

Jon Pressick is the sex community's international gadabout and Cherry Banana's writer in residence. An award-winning sex writer and blogger, Jon is the editor of the critically-acclaimed Best Sex Writing of the Year, Volume 1. He is a frequent contributor to Cherry Banana with a range of sex-related content and his writing has appeared in numerous magazines and books, as well as all across the Internet. Jon is also a co-host and producer of the long-running sex radio show Sex City. You can keep up with his many sex-related articles here at Cherry Banana or at his own blog, Sex in Words.

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