Pennsylvania Moves to Repeal HIV Criminalization in Prostitution Cases, Aiming to End Stigma

Pennsylvania CapitolCredit: Commonwealth Media Services

HARRISBURG, PA — In a bold legislative move, Pennsylvania lawmakers have proposed a bill to repeal the state’s felony sentencing enhancement for individuals living with HIV who are charged with prostitution. This initiative, announced on March 20, 2024, by State Senator Vincent Hughes and Representatives Benjamin Waxman and Malcolm Kenyatta, seeks to dismantle the last vestige of HIV criminalization laws in Pennsylvania, positioning the state alongside others like Georgia, Nevada, and California, which have recently modernized their statutes regarding prostitution.

“HIV is not a crime. This is 2024, not 1984,” declared Senator Hughes, highlighting the anachronistic nature of the current law and underscoring the progress made over the past four decades in understanding and managing HIV. The proposed legislation represents a significant step toward eliminating discrimination against individuals with HIV in Pennsylvania’s legal system.

The move to repeal these laws comes amid growing recognition that criminalizing HIV has adverse effects on public health and safety. Critics argue that such laws perpetuate stigma and discrimination against people living with HIV, discourage testing and treatment, and are fundamentally at odds with contemporary scientific understanding of the virus.

Representative Waxman criticized the current law’s negative impact on public safety, stressing that it only serves to discriminate against people with a communicable disease. Echoing this sentiment, Representative Kenyatta emphasized the importance of treating HIV as a health condition rather than a criminal offense, pointing out that criminalization discourages individuals from seeking testing and treatment.

Advocates for the repeal, including members of the Pennsylvania HIV Justice Alliance and the AIDS Law Project of Pennsylvania, have long argued that HIV should be addressed as a health issue, not a legal one. Shekinah Rose, a vocal advocate and person living with HIV/AIDS, expressed optimism that the bill’s passage would reduce stigma and encourage more people to get tested and receive care.

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Public opinion in Pennsylvania appears to support the lawmakers’ initiative. A poll conducted in September 2023 by Susquehanna Polling and Research found that a significant majority of Pennsylvanians believe the state’s HIV laws need updating to reflect modern scientific understanding. Additionally, the poll indicated strong support for providing healthcare to individuals living with HIV instead of subjecting them to discriminatory criminal charges.

Ronda B. Goldfein, executive director of the AIDS Law Project of Pennsylvania, underscored the detrimental impact of criminal penalties based on fear and misinformation, noting that they contribute to the stigma fueling the HIV epidemic.

As Pennsylvania lawmakers push forward with this landmark legislation, the potential repeal of HIV criminalization laws in prostitution cases marks a critical moment in the fight against stigma and discrimination. By aligning legal frameworks with contemporary science and prioritizing health and dignity over punishment, Pennsylvania stands on the cusp of a significant shift in how it addresses HIV, setting a precedent for compassionate and informed public health policy.

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