By way of BRETT ROWLAND | THE CENTER SQUARE
Tennessee’s enforcement of its annoyed prostitution legislation towards other folks dwelling with HIV violates the American citizens with Disabilities Act, the U.S. Division of Justice introduced Friday, caution that endured enforcement may lead to a federal lawsuit.
The Justice Division mentioned the state, together with the Tennessee Bureau of Investigation and the Shelby County District Legal professional’s Administrative center violated the ADA, the landmark 1990 federal civil rights legislation that prohibits discrimination towards other folks with disabilities. Tennessee’s Legal professional Basic may now not instantly be reached for remark after hours on Friday.
The Justice Division’s investigation discovered that the state and the Shelby County District Legal professional’s Administrative center “topic other folks dwelling with HIV to harsher prison consequences only on account of their HIV standing, violating Identify II of the ADA.” Tennessee is the one state within the U.S. that calls for lifetime registration as a violent intercourse wrongdoer if convicted of annoyed prostitution, without reference to whether or not the individual knew they might transmit the illness.
“Tennessee’s annoyed prostitution legislation is out of date, has no foundation in science, discourages checking out and additional marginalizes other folks dwelling with HIV,” mentioned Kristen Clarke, assistant lawyer normal of the Justice Division’s Civil Rights Department. “Folks dwelling with HIV will have to now not be handled as violent intercourse offenders for the remainder of their lives only on account of their HIV standing.”
The Justice Division findings have been detailed in an 11-page letter to Legal professional Basic Jonathan Skrmetti.
“The State and the [Shelby County District Attorney’s Office] discriminate towards people with disabilities through imposing Tennessee’s annoyed prostitution statute, which elevates to a legal behavior that might in a different way be a misdemeanor, only for the reason that person charged is aware of they have got HIV, without reference to any precise chance of damage,” consistent with the letter. “Irritated prostitution could also be categorised as a ‘violent sexual offense’ mandating registration at the Tennessee Intercourse Perpetrator Registry, most often for existence.”
The state’s annoyed prostitution statute is a legal. An individual convicted of annoyed prostitution faces 3 to fifteen years in jail and a nice of as much as $10,000. An individual convicted of a misdemeanor prostitution rate faces a sentence of not more than six months and as much as a $500 nice. The annoyed prostitution statute applies statewide, however the Justice Division mentioned it’s been enforced maximum continuously in Shelby County, the biggest county within the state.
The Justice Division’s investigation discovered that the state and the Shelby County District Legal professional’s Administrative center “topic other folks dwelling with HIV to harsher prison consequences only on account of their HIV standing, violating Identify II of the ADA.”
Tennessee is the one state within the U.S. that calls for lifetime registration as a violent intercourse wrongdoer if convicted of annoyed prostitution, without reference to whether or not the individual knew they might transmit the illness.
“Tennessee’s annoyed prostitution legislation is out of date, has no foundation in science, discourages checking out and additional marginalizes other folks dwelling with HIV,” mentioned Kristen Clarke, assistant lawyer normal of the Justice Division’s Civil Rights Department. “Folks dwelling with HIV will have to now not be handled as violent intercourse offenders for the remainder of their lives only on account of their HIV standing.”
The Justice Division findings have been detailed in an 11-page letter to Legal professional Basic Jonathan Skrmetti.
“The State and the [Shelby County District Attorney’s Office] discriminate towards people with disabilities through imposing Tennessee’s annoyed prostitution statute, which elevates to a legal behavior that might in a different way be a misdemeanor, only for the reason that person charged is aware of they have got HIV, without reference to any precise chance of damage,” consistent with the letter. “Irritated prostitution could also be categorised as a ‘violent sexual offense’ mandating registration at the Tennessee Intercourse Perpetrator Registry, most often for existence.”
The state’s annoyed prostitution statute is a legal. An individual convicted of annoyed prostitution faces 3 to fifteen years in jail and a nice of as much as $10,000. An individual convicted of a misdemeanor prostitution rate faces a sentence of not more than six months and as much as a $500 nice. The annoyed prostitution statute applies statewide, however the Justice Division mentioned it’s been enforced maximum continuously in Shelby County, the biggest county within the state.
The Friday announcement coincided with Global AIDS Day, a world day devoted to elevating consciousness of the AIDS pandemic. Untreated HIV can result in AIDS.
