The U.S. Justice Department has sued the state of Tennessee over its decades-old felony aggravated prostitution law, arguing that it illegally imposes tougher criminal penalties on people who are HIV positive.

The U.S. Justice Department on Thursday sued the state of Tennessee over its decades-old felony aggravated prostitution law, arguing that it illegally imposes tougher criminal penalties on people who are HIV positive.

The lawsuit, filed in western Tennessee, follows an investigation completed in December by the Justice Department that warned that the statute violates the Americans with Disabilities Act. The case heads to court separately from another federal lawsuit filed in October by LGBTQ+ and civil rights advocates over the aggravated prostitution law.

Tennessee is the only state in the United States that imposes a lifetime registration as a “violent sex offender” if convicted of engaging in sex work while living with HIV, regardless of whether the person knew they could transmit the disease.

  • BlanketsWithSmallpoxEnglish
    11•5 months ago

    if you know you have HIV and you still engage in sex work, that seems like a pretty heinous crime.

    Indeed. This shouldn’t even be unpopular. It’s literally already charged as aggravated assault in most jurisdictions. Knowingly spreading shit like HIV, HepC, and other things that will kill others already gets prosecuted. People were flipping their lids over licked ice cream. Knowingly spreading HIV when you’re a prostitute is Typhoid Mary levels of fucked up.

    Taking it one step further and tacking on the sexual assault charge makes sense to me. Especially if you’re in conservative territory.

    The key ingredient is simply that it’s not equitable. Spreading debilitating and deadly diseases knowingly, no matter how terrible your position in life, deserves action and recompense to those you harmed and debilitated. Addition to a felony sexual offender registry seems apt.