VAC and Living Positive Victoria call for reform of state鈥檚 HIV-specific criminal laws
VICTORIA’S two main HIV and AIDS organisations have released a joint statement urging their state government to reform its HIV-specific criminal law.
In a joint policy discussion paper focusing on the repeal of section 19A of the Victorian Crimes Act, the Victorian AIDS Council (VAC) and Living Positive Victoria (LPV) stated that reform needed to happen in order to achieve the goal of eliminating HIV transmissions by 2020.
VAC chief executive Simon Ruth said section 19A was the only HIV-specific criminal law in Australia and聽carries a 25 year maximum penalty for intentional HIV transmission.
鈥淪ection 19A… is a remnant of a time when HIV infection was almost invariably fatal,鈥� he said.
鈥淭oday, with improvements to HIV treatments that ensure people with HIV can lead healthy, productive lives, section 19A serves no useful purpose.鈥�
While rarely prosecuted, the two organisations stated that section 19A falsely characterises people living with HIV as a threat to public safety, and that it contributed to the stigmatisation of HIV and people living with HIV.
They also said that this stigma was one factor that discouraged people from being tested, seeking treatment, and disclosing their HIV status to sexual partners.
鈥淪tudies have shown that criminalising HIV has no positive impact on people鈥檚 sexual risk taking. In fact it can have a negative impact by forcing HIV underground, and discouraging people from disclosing their status,鈥� said聽Paul Kidd, who is the chair of the VAC/LPV HIV Legal Working Group.
International organisations, including UNAIDS and the Global Commission on HIV and the Law, have also strongly condemned the use of criminal laws as a way to control HIV.
鈥淭he eyes of the world will be on us when the International AIDS Conference starts in Melbourne in just a few days鈥� time,” Ruth said.
“The latest Australian HIV Strategy, released earlier this week includes bold new targets including the elimination of new HIV transmissions by 2020. Now is the right time to address those criminal laws that impede our shared commitment to end HIV.”
LPV聽and VAC are also calling for an end to HIV criminal prosecutions in all but the most extreme cases, and a renewed emphasis on the public health process.
鈥淲e have the opportunity to bring an end to the HIV epidemic in Victoria within a few years, but we must act to reduce HIV stigma and ensure that HIV is treated as an issue of public health, not public safety,” Kidd said.
“We are calling on all political parties to commit to repeal section 19A and review the treatment of HIV within the criminal justice system.
鈥淪ection 19A is a relic of the past, and today it is doing more harm than good. It鈥檚 time for it to go.鈥�
A PDF copy of Policy Brief: Repeal of Section 19A is attached, or can be downloaded from
鈥楽pecifically鈥� and 鈥榠ntentional鈥� seem to be strange lines to draw. Surely whether a HIV poz person is criminalised under a law that specifies HIV or whether they are criminalised under a law that covers all STIs, and includes HIV, is not to be the point – the outcome is the same.
Elena’s comment is pointing out the problem with a campaign singling out this law when poz sex workers are criminalised under other equally problematic laws that are lets face it still pretty specific and intentional. Seems like a ‘pick the one we think we can win’ decision that intentionally avoids taking on laws in the same state that predominantly impact on poz sex workers – maybe to avoid the stigma attached to poz sex workers.
Hi Elena
Victoria is the only jurisdiction in Australia that 鈥榮pecifically鈥� criminalises the intentional transmission of HIV, but no other disease. 鈥楽pecifically鈥� and 鈥榠ntentional鈥� are the key words.
My understanding is that sex work laws do not specifically mention HIV in the context of intentional transmission. These laws mention HIV along with other STIs, so they are not HIV specific. If that’s not the case I’m happy to be corrected and as always we are keen to ensure we work with our community partners, such as Scarlet Alliance, to ensure we have consistent positions on essential law reforms.
I support this very important campaigning for the reform of criminalisation of HIV transmission laws in Australia.
But Simon Ruth you need to be corrected! It is not the case that section 19A is the only HIV-specific criminal law in Australia —> sex workers living with HIV are subject to HIV specific laws in a number of Australian juristdictions, and there have been TWO high profile prosecutions in the last 5 years, both of gay male sex workers. The case in Canberra resulted in the person being jailed, the Victorian case may come to that also.
Lets not throw sex workers living with HIV under the bus while campaigning for law reform! Criminalisation laws need a rethink no matter what your job is.