Shackled by Stigma: Louisiana-Based Activists Call for the End of HIV-Specific Crime Statutes

There is a critical issue affecting the state of Louisiana: the criminalization of HIV-positive Black men who have sex with men [MSM]. Although they constitute 15% of Louisiana's population, Black men account for 44% of HIV cases and 91% of arrests related to HIV offenses, according to a study from UCLA's Williams Institute of Law. Despite advancements in HIV/AIDS treatment and awareness, the state's legal framework remains entrenched in HIV crime laws that often stigmatize and penalize individuals living with HIV.

Activists from the Louisiana Coalition on Criminalization and the Center of HIV Law and Policy note a stark dichotomy that lies between those living with HIV and the governing officials prosecuting these individuals who lack awareness of public health knowledge related to HIV transmission. This approach not only perpetuates misconceptions, but also obstructs public health initiatives aimed at prevention and treatment.

This project aims to address the HIV criminal statute in Louisiana targeting Black men living with HIV. There are no sanctions that protect most Black MSM in relation to sexual education and utilizing preventive measures to decrease HIV diagnosis. Thus, they become the "example" of how to punish a community with a large HIV population. It also examines how state legislators understand the transmission of HIV when creating laws that affect those living with the virus.