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Failure to disclose HIV-positive status is a felony that leads to a much worse crime Failure to disclose HIV-positive status is a felony that leads to a much worse crime
(about 1 hour later)
A former Missouri college athlete was sentenced to 30.5 years in prison this week for doing something many of us do everyday: have sex.A former Missouri college athlete was sentenced to 30.5 years in prison this week for doing something many of us do everyday: have sex.
Michael Johnson now joins the ranks of countless other black men in America who are forced to become more comfortable with dry, hard concrete and stale orange jumpsuits than with the smell of fresh-cut grass or the sound of July 4 fireworks. He will be another black man who is forced to be more accustomed to surveillance and punishment than freedom.Michael Johnson now joins the ranks of countless other black men in America who are forced to become more comfortable with dry, hard concrete and stale orange jumpsuits than with the smell of fresh-cut grass or the sound of July 4 fireworks. He will be another black man who is forced to be more accustomed to surveillance and punishment than freedom.
Johnson will now call prison home is because he is HIV-positive, and he didn’t tell all of his partners. While a Missouri judge found Johnson guilty, the court actually never produced any evidence that he had any intent on exposing the his partner(s) to HIV, nor could they prove that the partners who testified against Johnson became positive due to sex with him.Johnson will now call prison home is because he is HIV-positive, and he didn’t tell all of his partners. While a Missouri judge found Johnson guilty, the court actually never produced any evidence that he had any intent on exposing the his partner(s) to HIV, nor could they prove that the partners who testified against Johnson became positive due to sex with him.
At his sentencing hearing in May, 30 videos of him engaging in sex were shown to the jury – many of which showed him engaging in behaviors where HIV transmission risk is low. The prosecution used these to get a harsh sentencing of Johnson. But while the videos do show him having sex, they do not necessarily prove that he didn’t disclose his status – Johnson testified he did with some partners. But the judge and jury chose not to believe him in the classic game of he said, he said.At his sentencing hearing in May, 30 videos of him engaging in sex were shown to the jury – many of which showed him engaging in behaviors where HIV transmission risk is low. The prosecution used these to get a harsh sentencing of Johnson. But while the videos do show him having sex, they do not necessarily prove that he didn’t disclose his status – Johnson testified he did with some partners. But the judge and jury chose not to believe him in the classic game of he said, he said.
While disclosing one’s status is important when engaging in sex – especially when most states have laws penalizing failure to do so, varying in degree of penalty – the major issue with HIV criminalization, and cases like Johnson’s, is they only draw our focus away from how HIV is actually transmitted and don’t stop HIV from spreading, rather just relocating it to prisons, where it will continue to infect people.While disclosing one’s status is important when engaging in sex – especially when most states have laws penalizing failure to do so, varying in degree of penalty – the major issue with HIV criminalization, and cases like Johnson’s, is they only draw our focus away from how HIV is actually transmitted and don’t stop HIV from spreading, rather just relocating it to prisons, where it will continue to infect people.
Ninety-two percent of new HIV infections occur from people who do not know their status, according to a February 2015 report by the Centers for Disease Control and Prevention. So if Michael Johnson is an outlier, and the vast majority of people aware of their positive status aren’t spreading the disease, 30.5 seems a particularly cruel sentence, especially since those who are spreading the virus are only avoiding jail time because they aren’t getting tested; research shows that laws of this severity deter people from being tested. And when that happens, the rates of HIV rise, according to the United Nations Programme on HIV/Aids. Ninety-two percent of new HIV infections occur from people who do not know their status or are not on treatment, according to a February 2015 report by the Centers for Disease Control and Prevention. So if Michael Johnson is an outlier, and the vast majority of people aware of their positive status aren’t spreading the disease, 30.5 seems a particularly cruel sentence, especially since those who are spreading the virus are only avoiding jail time because they aren’t getting tested; research shows that laws of this severity deter people from being tested. And when that happens, the rates of HIV rise, according to the United Nations Programme on HIV/Aids.
That is some messed up logic, especially when the judge literally threw Johnson’s life away on speculation: both about what he knew and when, and about how the disease will affect the lives of his former partners. But it should come as no surprise; Missouri HIV criminalization laws can be applied to cases involving sex, and to cases of spitting while positive – which is a virtually impossible way to acquire HIV. But who needs science?That is some messed up logic, especially when the judge literally threw Johnson’s life away on speculation: both about what he knew and when, and about how the disease will affect the lives of his former partners. But it should come as no surprise; Missouri HIV criminalization laws can be applied to cases involving sex, and to cases of spitting while positive – which is a virtually impossible way to acquire HIV. But who needs science?
The arc of the moral universe may bend towards justice, but it hasn’t bent nearly far enough for bodies that are black and queer.The arc of the moral universe may bend towards justice, but it hasn’t bent nearly far enough for bodies that are black and queer.
According to Mayo Schreiber, deputy director of the Center for HIV Law and Policy, the Class A felony that Johnson was convicted under makes exposing a person to HIV the same as murder or child abandonment resulting in death.According to Mayo Schreiber, deputy director of the Center for HIV Law and Policy, the Class A felony that Johnson was convicted under makes exposing a person to HIV the same as murder or child abandonment resulting in death.
“The [Missouri] criminal statute that Michael Johnson was convicted of violating was originally passed in 1988, at a time when HIV was considered a ‘death sentence’”, Schreiber said. “Today, with proper treatment, HIV is a chronic, manageable disease and those with HIV can expect to live a full, healthy life.“The [Missouri] criminal statute that Michael Johnson was convicted of violating was originally passed in 1988, at a time when HIV was considered a ‘death sentence’”, Schreiber said. “Today, with proper treatment, HIV is a chronic, manageable disease and those with HIV can expect to live a full, healthy life.
When the HIV/Aids epidemic broke out in the 1980s, there was little effort in the beginning to stop it, because it predominately affected LGBTQ people and people of color. As it grew, though, so did the types of lives it touched.When the HIV/Aids epidemic broke out in the 1980s, there was little effort in the beginning to stop it, because it predominately affected LGBTQ people and people of color. As it grew, though, so did the types of lives it touched.
Once it began touching the lives of straight people who were also white, laws erupted across the nation to ‘protect’ people from getting infected, like the one under which Johnson was sentenced in Missouri. But today, these laws are just barbaric: HIV/Aids are no longer as deadly as it once was, but rather a chronic, treatable illness akin to diabetes.Once it began touching the lives of straight people who were also white, laws erupted across the nation to ‘protect’ people from getting infected, like the one under which Johnson was sentenced in Missouri. But today, these laws are just barbaric: HIV/Aids are no longer as deadly as it once was, but rather a chronic, treatable illness akin to diabetes.
You can’t go to prison for being diabetic. And thanks to modern medicine, all of the partners Johnson didn’t tell he was positive will go on to live happy and healthy lives, while he rots in a prison.You can’t go to prison for being diabetic. And thanks to modern medicine, all of the partners Johnson didn’t tell he was positive will go on to live happy and healthy lives, while he rots in a prison.
To actually prevent HIV/Aids from spreading, we need to focus on prevention. But when the only mandated prevention is incarceration, all we do is relocate the virus and let it continue to grow. And if we are comfortable taking HIV off the streets and confined in prison with our “criminals” then we, as a nation, must quickly consider what justice actually means and should look like.To actually prevent HIV/Aids from spreading, we need to focus on prevention. But when the only mandated prevention is incarceration, all we do is relocate the virus and let it continue to grow. And if we are comfortable taking HIV off the streets and confined in prison with our “criminals” then we, as a nation, must quickly consider what justice actually means and should look like.
Besides, we currently live in a moment where that kind of work is easier than ever: in 2012, pre-exposure prophylaxis became FDA-approved and changed the landscape of HIV/Aids for forever. Initial research shows that effective use of the pill prevents HIV at a rate of 99%, and it’s been likened to birth control in its safety, effectiveness and potential for widespread use.Besides, we currently live in a moment where that kind of work is easier than ever: in 2012, pre-exposure prophylaxis became FDA-approved and changed the landscape of HIV/Aids for forever. Initial research shows that effective use of the pill prevents HIV at a rate of 99%, and it’s been likened to birth control in its safety, effectiveness and potential for widespread use.
Before Michael Johnson was sentenced, my Guardian colleague Steven Thrasher did a stunning profile for BuzzFeed on the road that led Michael to the prison cell he will now occupy for the foreseeable future.Before Michael Johnson was sentenced, my Guardian colleague Steven Thrasher did a stunning profile for BuzzFeed on the road that led Michael to the prison cell he will now occupy for the foreseeable future.
“My dream for my life is to continue with college, get my bachelor’s degree and become a role model for people that are struggling to be gay, just as I was struggling,” Michael said in an interview while he awaited trial.“My dream for my life is to continue with college, get my bachelor’s degree and become a role model for people that are struggling to be gay, just as I was struggling,” Michael said in an interview while he awaited trial.
Now he’s just a poster boy for archaic, discriminatory laws.Now he’s just a poster boy for archaic, discriminatory laws.