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.

Victoria is the only jurisdiction in Australia that ‘specifically’ criminalises the intentional transmission of HIV, but no other disease. ‘Specifically’ and ‘intentional’ 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.

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.