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The defence does not rest: Resisting the criminalization of HIV

This article explores the efforts to decriminalize HIV and the translation of quantitative research into community action and legislative transformation. It discusses the challenges faced, the progress made, and the need for a broader strategy to eliminate HIV criminalization.

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The defence does not rest: Resisting the criminalization of HIV

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  1. The defence does not rest: Resisting the criminalization of HIV Ayako Miyashita Ochoa, JD UCLA, Luskin School of Public Affairs California HIV/AIDS Policy Research Center

  2. Preliminary Matters • Working Title? Decriminalizing HIV: How people living with HIV translated quantitative research into community action and legislative transformation • Who is this?Advocate and academic • Power? Struggle does not end with legislative success

  3. Timeline of Events 2014: Gathering 2015: Researching 2016: Organizing 2017: Advocating 2018: Reflecting

  4. Gathering • National movement • National advocate, regional advocate, and research institute • No other statewide efforts • No major lobbying capacity signed onto efforts

  5. Researching • No comprehensive statewide data in the U.S. • No data in California • how laws are being implemented • who is most impacted • what are the criminal penalties

  6. Funded by the Elton John AIDS Foundation, The Williams Institute, UCLA School of Law, and the California HIV/AIDS Research Program HIV Criminalization in California: Penal Implications for People Living with HIV/AIDS http://williamsinstitute.law.ucla.edu/wp-content/uploads/HIV-Criminalization-California-Updated-June-2016.pdf • Criminal Offender Record Information (CORI) data obtained from the California Department of Justice for any individuals who had contact with the criminal justice system under HIV statutes, from the time of enactment through June, 2014.

  7. California HIV Criminalization Laws

  8. California HIV Criminalization Laws • 95% of all HIV- related criminal incidents impacted people engaged in sex work or suspected of engaging in sex work.

  9. California HIV Criminalization Laws HIV Prevalence in CA by Race/Ethnicity & Sex Compared With Contacts with Criminal Justice System Related to their HIV Status

  10. White men significantly less likely to be charged with HIV-specific crime (12% vs. 31%) & more likely not to be charged with any crime (71% vs. 42%) California HIV Criminalization Laws

  11. Every incident in which HIV-charges brought resulted in a conviction 90% led to sentences of immediate confinement

  12. Outcomes of HIV-Specific Criminal Incidents in California, 1988 - June 2014

  13. Organizing • Early conversations • Coordinating meetings • Conference calls • LGBT lobbying capacity leveraged • Education and outreach events

  14. Early Problems • Inclusion of people living with HIV • Inclusion of people of color • Inclusion of women • Inclusion of sex workers • Inclusion of unfunded partners • Inclusion of unaffiliated individuals

  15. Advocating • Funding • Shared principles • Champion(s) • Messaging research • Political maneuvering • Community support

  16. Reflecting • Legislative victory • Elimination of most harmful law • Focus on laws’ impact on HIV stigma • Connecting to broader movements • Renewed activism regarding formal and lived equality for people living with HIV

  17. Reflecting • Is this diversity without inclusion? • Have we provided training and increased technical expertise? • Are we committed to a broader strategy to eliminate criminalization overall? • What was the point of building a coalition? • Where do we go from here?

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