2. Fostering inclusive and anti-oppressive
communities of gay men is the key to
preventing new cases of HIV
The more we support each other the more
likely we are to get tested, engage in
safer sex, and communicate with each
other
Gay men have the right to build
community free of overarching
societal oppression
3. The Media, Justice System, and
Government discriminate against Gay Men
Criminalization of HIV non-disclosure is
counterproductive to the goal of building
queer community
HIV Criminalization is the Ultimate
Manifestation of HIV Stigma and
Oppression in Society
4. HIV Criminalization pits gay men against
each other
HIV Criminalization ignores the many barriers
gay men may have to disclosure
HIV Criminalization is based around fear of
the “other” and HIV stigma rather than
reason or effectiveness
Some Reasons Why
HIV Criminalization = Oppression
5. Removes individual responsibility for
sexual health
Creates the potential for adversarial
misunderstandings resulting in serious
consequences for the accused
Unnecessary criminal proceedings create
community ripple effects of suspicion and
blame
HIV + people become both loaded guns
and victims of aggravated sexual assault
HIV Criminalization Pits Gay Men
Against Each Other
6. No proof that criminal law prevents new
HIV infections
HIV transmission doesn’t have to take
place for a person to be convicted of
aggravated sexual assault
The difference between an unfortunate
incident and aggravated sexual assault is
an HIV test
HIV Criminalization is Based in
Fear and Stigma Rather Than
Reason or Effectiveness
7. Emotional state, mental state, education
level, language barrier, verbal or physical
abuse, money or drugs exchanged, fear of
rejection, fear of further disclosure etc.
It can be unsafe to disclose ones HIV status
to other gay men
Until we as gay men take responsibility for
the way HIV is stigmatized it will continue to
be a problem in our community regardless of
the law
HIV Criminalization Ignores the
Barriers Gay Men May Have to
Disclose
8. In 2009 the partner of a 20 year-old Canadian
newcomer client of YouthCO had their much older
abusive partner go to the police and report them for
failure to disclose
This client was put in custody for two weeks while it
was determined the accusation was false. There was
a language barrier communicating with police.
His name and HIV status were revealed by the media
His family abroad found out he was both gay and HIV
positive
Example
9. “Thank you for your letter. It is a crime to have
unprotected sex or sex at all for that matter with
someone if you are HIV positive and not tell
them of your status. It exposes that person to a
potentially deadly disease, period. That is the law
here in Canada. While all of this is an allegation,
at this point, it does certainly warrant a public
warning. The person in the news story was
CHARGED with a crime, is in custody, and his
name is public record. If you have a problem
with that, I suggest you contact the New
Westminster Police Department and the New
Westminster Supreme Court Judge in charge…
Sincerely Lara Fominoff
How the media responded
10. Write to members of the mainstream media. Call
them to task when they present stories that fail to
distinguish HIV from violent crime. Tell them that
sensationalized witch-hunt stories about so-called HIV
criminals only perpetuate injustice and
misunderstanding. Teach them to think about HIV
rationally and to examine their own prejudices.
Write to your MP or MLA. Tell them that the
criminalization of HIV is an unjust approach and
demand a halt to failure-to-disclose charges and
convictions.
Take Action! What you can do to
fight the criminalization of HIV
11. Tell your friends about the injustice of the criminalization of
HIV. Convince them that making a failure-to-disclose
complaint to police is the wrong thing to do. It only
undermines their own civil liberties and turns them against
their friends and lovers.
Be open about your HIV status. The voices of thousands of
vocal HIV-positive people will not be ignored. Stigma will
ebb because of a simple dearth of shame. Frank
discussions about HIV status and risks before sex will
strengthen prevention efforts and help you to protect
yourself and your sex partners.
Assume complete responsibility for your own sexual health.
Never, depend on another person, no matter who, to keep
you from becoming HIV-positive or to stop you from
passing the virus on to someone else. If you do become
HIV-positive don't assign blame, and know that your whole
life is still ahead of you.
12. Sign the call for prosecutorial guidelines
for Ontario. Hopefully this can be used as
a framework for other provincial
jurisdictions (like BC) that have weak or
no guidelines for the prosecution of
criminal non-disclosure.
http://www.ontarioaidsnetwork.on.ca/clhe
/index.php
Or Donate to YouthCO!
Thank you
