This law review article examines the federal government’s attempts to set national guidelines for HIV criminalization and offers recommendations for improvements that could be made under the HIV REPEAL Act. In particular, the author argues that HIV-specific criminal statues should be reformed, not repealed. To that end, she urges Congress to adopt new federal guidelines that provide clear notice of scientifically established modes of HIV transmission, set adequate procedural safeguards to prevent unfair prosecutions, establish guidelines for proportionate sentencing, and guarantee adequate federal funding for reform.
The Center for HIV Law and Policy is a national resource and advocacy organization working to advance the rights of people affected by HIV. We combine an online HIV Policy Resource Bank, a creative national advocacy agenda, and case assistance focused on systems and institutions with significant impact on marginalized communities.