The CHLP Resource Bank: Research at your fingertips

The Center for HIV Law and Policy's Resource Bank—the first and only of its kind—is a comprehensive database of quality memoranda, research, reports, legal guides, court and agency decisions, pleadings and briefs, policy analyses and recommendations, and other materials on topics of importance to people living with HIV and their advocates. The Resource Bank provides free, unlimited access to these substantive resources to support and increase the advocacy power and expertise of attorneys, community members, and service providers, as well as all people living with HIV.

Resource Bank materials are organized by topic and by document type. Using the search function below, users can choose to filter their search using any combination of keywords, selected topics, and document types. Resources are often cross-referenced under multiple topics to ensure that they are easily found by a user searching any of the topics to which a resource is relevant.

Search Hints:
•  Use the "ctrl" key to select any combination of topics and document types.
•  To browse all resources filed under any topic(s) (e.g., all Racial Justice resources), simply select that topic(s) only and search. This same method can be used to browse all resources of a specific document type(s), regardless of their topic (e.g., all Court and Agency Decisions).

To only view publications of the Center for HIV Law and Policy, click here.

To receive regular updates on additions to the Resource Bank, click here.

To join our team of contributors and help grow global HIV advocacy, click here.

Locate a Resource

 
Filed Under Hold ctrl key to select multiple. |
 
Document Type Hold ctrl key to select multiple. |
 
Keyword To find only resources with specific keywords in title or abstract.
Match of my keywords.
 
Results
Found 190 documents
Sort by: Title   Featured   Resource Type   Date  
Document Type: Letters and Other Advocacy Documents  
Date: 2010-May-17  
Summary: In April 2010, the White House Office of National AIDS Policy (ONAP) released its first report, summarizing community discussions that had taken place around the country ...
 
Document Type: Charts, Tables, and Graphs  
Date: 2012-May  
Summary: The following chart compares the sentencing schemes for representative HIV exposure, non-disclosure, and/or transmission laws in the United States with laws punishing ...
 
Document Type: Charts, Tables, and Graphs  
Date: 2011-October  
Summary: This chart presents data on the prevalence, impact and treatment of HIV infection with parallel data on chronic diseases such as cardiovascular disease, diabetes, and ...
 
Document Type: Charts, Tables, and Graphs  
Date: 2011-October  
Summary: This chart presents data comparing HIV infection to other sexually transmitted infections. These data illustrate that other sexually transmitted infections can pose ...
 
Document Type: Fact Sheet  
Date: 2011-August  
Summary: This palm card, published by the Positive Justice Project, provides information about HIV criminalization, ways to protect oneself from arrest, and what to do if one is ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2011-May-24  
Summary: The Center for HIV Law and Policy and the Positive Justice Project joined the HIV Prevention Justice Alliance in a letter to the Centers for Disease Control and Prevention ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2011-August-1  
Summary: This letter, drafted by the Center for HIV Law and Policy and signed by many Positive Justice Project members, addresses the lack of language about HIV criminalization in ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2011-November  
Summary: The Positive Justice Project is convening a pre-USCA session on HIV criminalization entitled, "When Sex is a Crime and Spit a Dangerous Weapon: Defending Against HIV ...
 
Document Type: White Papers and Reports  
Date: 2010-November-29  
Summary: This document provides comprehensive information about the Positive Justice Project and HIV criminalization.  One of the more troubling and persistent issues for ...
 
Document Type: Press--Releases, Articles, etc.  
Date: 2011-October-12  
Summary: This is a collection of media links that have featured the Positive Justice Project or members of the Positive Justice Project. Last updated October 12, 2011.  
 
Document Type: Guides (Legal or Medical)  
Date: 2011-July-27  
Summary: This document, a supplement to Transmission Routes, Viral Loads and Relative Risks: The Science of HIV for Lawyers and Advocates identifies particularly useful policy ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2011-February-1  
Summary: The Center for HIV Law and Policy and its Positive Justice Project has been closely following the proposed Legislative Bill 226 in Nebraska, as well as assisting Nebraska ...
 
Document Type: Guides (Legal or Medical)  
Date: 2011-July-27  
Summary: This document summarizes key scientific sources and selected quotations on the nature of HIV in ways that are accessible and useful for legal briefs and other advocacy ...
 
Document Type: Training Materials, Slides, Pamphlets  
Date: 2012-January-30  
Summary: This slide presentation, presented on January 17, 2012 during the National Alliance of State and Territorial AIDS Director's (NASTAD'S) Decriminalization Technical ...
 
Document Type: Links  
Date: 2000  
Summary: This article surveys HIV- related criminal prosecutions in the United States from 1989 - 2000. Although POZ' case tracking for this article almost certainly misses those ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2008-December  
Summary: The Open Society Institute writes that “[t]his document, co-produced by OSI, provides ten reasons why criminalizing HIV exposure or transmission is generally an ...
 
Document Type: White Papers and Reports  
Date: 2009  
Summary: The authors conclude that HIV criminalization leads to negative public health outcomes, increased gender-based violence, and greater social and political inequalities for ...
 
Document Type: Research and Journal Articles  
Date: 2010-March  
Summary: While tort law has held individuals liable for negligently spreading certain communicable disease since the late 19th century, most recent civil cases in this area has ...
 
Document Type: White Papers and Reports  
Date: 2007-September-04  
Summary: This commentary, published by the Canadian HIV/AIDS Legal Network and endorsed by more than 40 organizations around the world, including the Center for HIV Law and Policy, ...
 
Document Type: Compilations of Laws and Cases  
Date: 2013-February  
Summary: The Legal Toolkit was created primarily as a go-to resource for lawyers representing people living with HIV who are facing criminal prosecution based on HIV status. ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2011  
Summary: The U.S. Court of Appeals for the Ninth Circuit affirmed the denial by the U.S. District Court in Oregon of a petition for habeas corpus and found that the state court's ...
 
Document Type: Fact Sheet  
Date: 2012  
Summary: This briefing note provides an overview of HIV non-disclosure laws in Canada and recommendations for a different approach to the issue of HIV non-disclosure. It provides a ...
 
Document Type: Training Materials, Slides, Pamphlets  
Date: 2012-December  
Summary: The December 2012 newsletter from the Center for HIV Law and Policy. Contents include: Letter from the Executive Director Sexual Health Care: A Basic Service ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1989  
Summary: Brock v. State presented a question of first impression to Alabama courts when the Alabama Attorney General prosecuted Adam Brock for attempted murder after the ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2009  
Summary: In 2006, an HIV-positive man, Campbell, was convicted of assault when he allegedly became confrontational and spat on a police officer's eyes and mouth during an ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2011-July  
Summary: This opinion denies a writ of habeas corpus for Jose Carmona, who was previously convicted of reckless endangerment and disorderly conduct after he spit at a police ...
 
Document Type: Compilations of Laws and Cases  
Date: 2002  
Summary: This non-exhaustive list compiles citations of helpful opinions and scholarly journal articles on the criminalization of HIV transmission. Cases include ones that consider ...
 
Document Type: Research and Journal Articles  
Date: 2013  
Summary: This journal article reviews data on arrests for HIV-specific crimes in the Nashville, Tennessee prosecutorial region from 2000 to 2010. These crimes include class C ...
 
Document Type: Charts, Tables, and Graphs  
Date: 2012-June-28  
Summary: This chart catalogues by state the laws used to prosecute individuals with HIV. The chart includes which states and territories have HIV-specific criminal statutes, what ...
 
Document Type: White Papers and Reports  
Date: 2007-December  
Summary: This report describes the failure of the United States Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to provide basic health care ...
 
Document Type: Client/Agency Forms  
Date: 2007-October  
Summary: This form is presented to individuals who test positive for HIV in Kalamazoo, Michigan.  After testing positive, clients are asked to sign and date the form, in the ...
 
Document Type: Research and Journal Articles  
Date: 2010  
Summary: This study concluded that there is a significant impact of combined antiretroviral treatment on the rate of HIV transmission in heterosexual HIV-discordant couples. The ...
 
Document Type: Research and Journal Articles  
Date: 2006  
Summary: This summary is taken in part from the article abstract. As structural interventions aimed at reducing new HIV infections, HIV-related criminal laws ideally would ...
 
Document Type: Press--Releases, Articles, etc.  
Date: 2012-June  
Summary: Congresswoman Barbara Lee (D-CA) continues to address HIV-related stigma and discrimination in the Congressional Black Caucus (CBC) June 2012 newsletter, which highlights ...
 
Document Type: Research and Journal Articles  
Date: 2013  
Summary: This article examines the practices of Michigan health officials in investigating "health threat to others" cases that may be in violation of the state's HIV ...
 
Document Type: White Papers and Reports  
Date: 2002-June  
Summary: This paper, drafted in 2002 for UNAIDS by Richard Elliott of the Canadian HIV/AIDS Legal Network, is a well organized and useful document that describes the various policy ...
 
Document Type: Research and Journal Articles  
Date: 2003  
Summary: This study challenges the rationale for the criminalization of HIV transmission by demonstrating that prosecutions of these case are unlikely to serve the public health ...
 
Document Type: Fact Sheet  
Date: 2012  
Summary: This note was written in anticipation of the February 8, 2012, arguments of two HIV non-disclosure cases before the Supreme Court of Canada. It offers fact summaries on ...
 
Document Type: Research and Journal Articles  
Date: 2006-May  
Summary: This article reviews the product of focus group surveys conducted in the United Kingdom on the issue of criminal prosecutions for HIV exposure. The focus groups of ...
 
Document Type: Compilations of Laws and Cases  
Date: 2012-February  
Summary: This annotated bibliography is a compilation of select literature focusing on the ethical, public health, and legal issues related to criminalization of HIV ...
 
Document Type: Links  
Date: 2012  
Summary: This is the website of Yale University's Center for Interdisciplinary Research on AIDS (CIRA) Criminalization of HIV Transmission and Exposure Working Group. The Working ...
 
Document Type: White Papers and Reports  
Date: 2008-August  
Summary: In response to a recent increase in HIV criminalization cases both in the United States and abroad, UNAIDS issued this policy brief to arm advocates with information and ...
 
Document Type: Research and Journal Articles  
Date: 2009  
Summary: This article, taken from a speech by Justice Edwin Cameron of the Constitutional Court of South Africa, discusses the ineffective nature of HIV criminalization laws and ...
 
Document Type: White Papers and Reports  
Date: 2010-November  
Summary: This paper examines the impact of the growing use of HIV criminalization laws on African, Caribbean and Black (ACB) communities in Ontario. In an analysis that may be ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2008-October  
Summary: Since the beginning of the epidemic, people with HIV and their advocates have been calling on the President of the United States to take ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2009-July  
Summary: This set of recommendations to the Obama Administration and its Office of National AIDS Policy is the product of a convening of Ford Foundation grantees, consisting of ...
 
Document Type: Research and Journal Articles  
Date: 2007  
Summary: This study sought to determine whether the presence of HIV-specific criminal laws influenced sexual behaviors that pose a risk of HIV transmission and found no evidence ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012  
Summary: This is a Missouri Court of Appeals, Eastern District decision affirming the trial court's jury verdict in favor of the defendant, Quest Diagnostics Clinical Laboratories, ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012-March-29  
Summary: This is an order by the United States District Court – Eastern District of Louisiana granting the plaintiffs' motion for summary judgment. The plaintiffs claimed ...
 
Document Type: Guides (Legal or Medical)  
Date: 2010-November-17  
Summary: The Center for HIV Law and Policy has released the first comprehensive analysis of HIV-specific criminal laws and prosecutions in the United States. The publication, ...
 
Document Type: Fact Sheet  
Date: 2013-May  
Summary:   H.R. 1843, the Repeal Existing Policies that Encourage and Allow Legal (REPEAL) HIV Discrimination Act, was introduced on May 7, 2013 introduced by U.S. ...
 
Document Type: Fact Sheet  
Date: 2011-September-12  
Summary: H.R. 3053, the REPEAL (''Repeal Existing Policies that Encourage and Allow Legal") HIV Discrimination Act, was introduced Sept. 23, 2011 by Congresswoman Barbara Lee ...
 
Document Type: White Papers and Reports  
Date: 2012  
Summary: This report provides a comprehensive overview of the issue of HIV in the United States correctional system from a human rights and social justice perspective. Covered ...
 
Document Type: Guides (Legal or Medical)  
Date: 2012-December  
Summary: A basic checklist to guide legal advocates representing an HIV-positive client in a criminal HIV exposure case. Although the elements of criminal HIV exposure ...
 
Document Type: Fact Sheet  
Date: 2012  
Summary: This fact sheet gives basic but essential guidance on what to do when the risk of criminal prosecution for HIV nondisclosure or exposure may be a reality. Thirty-four ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2013-May  
Summary: H.R. 1843, the Repeal Existing Policies that Encourage and Allow Legal (REPEAL) HIV Discrimination Act, was introduced on May 7, 2013 by U.S. Congresswoman Barbara Lee ...
 
Document Type: Model and Sample Legislation  
Date: 2013-May  
Summary:   This is H.R. 1843, the Repeal Existing Policies that Encourage and Allow Legal (REPEAL) HIV Discrimination Act, introduced by U.S. Congresswoman Barbara Lee ...
 
Document Type: Model and Sample Legislation  
Date: 2011-September  
Summary: This is H.R. 3053, the REPEAL HIV Discrimination Act, introduced by U.S. Congresswoman Barbara Lee on September 23, 2011. It would require a review of all federal and ...
 
Document Type: Research and Journal Articles  
Date: 2009-February  
Summary: This study follows up on an earlier study by the same authors examining per-act heterosexual HIV transmission probabilities. It is a systematic review and analysis of all ...
 
Document Type: Training Materials, Slides, Pamphlets  
Date: 1999  
Summary: This fact sheet from the Centers for Disease Control and Prevention (CDC) outlines the ways in which HIV can and cannot be transmitted from one individual to another. HIV ...
 
Document Type: Client/Agency Forms  
Date: 2009-August-13  
Summary: The six "requirements" which all HIV-positive individuals are directed to acknowledge in writing on this Mississippi State Department of Health form include the "necessity ...
 
Document Type: Research and Journal Articles  
Date: 2008  
Summary: This article, by South African judge Edwin Cameron and his colleagues, examines the problematic global trend of criminalizing HIV and proposes ten reasons as to why ...
 
Document Type: White Papers and Reports  
Date: 2010  
Summary:  This report was written in response to the growing concerns over the use of criminal law to address the risk of sexual transmission of HIV or AIDS in Ontario, ...
 
Document Type: Press--Releases, Articles, etc.  
Date: 2012-November-05  
Summary: This is a statement issued by the HIV Medicine Association (HIVMA) on the urgent need to address and repeal HIV-specific criminalization statutes. The statement highlights ...
 
Document Type: Research and Journal Articles  
Date: 2008-May  
Summary: Drawing data from the Gay Men's Sex Survey 2006, this article represents an analysis of the responses of gay men in the United Kingdom to HIV criminalization laws. Of ...
 
Document Type: Research and Journal Articles  
Date: 2009  
Summary: A study by the Swiss Federal AIDS Commission on patients who were treated with highly active antiretroviral therapy (HAART) concluded in 2009 that individuals with a ...
 
Document Type: White Papers and Reports  
Date: 2006  
Summary: Guttmacher Institute outlines the changing sexual and reproductive health needs of people living with HIV as the disease has become a manageable chronic disease. Included ...
 
Document Type: Links  
Date: 2011  
Summary: This is a link to a useful collection of news articles and studies about the impact of HIV treatment on the reduction of transmission, organized by NAM, a British charity. ...
 
Document Type: International Commitments and United Nations Documents  
Date: 2006  
Summary: A revised and consolidated version of the original guidelines published in 1996, the purpose of the Guidelines is “to assist States in creating a positive, ...
 
Document Type: Fact Sheet  
Date: 2012  
Summary: The Iowa State Department of Healthreleased this path-breaking discussion piece on the rationale for changing Iowa Code 709C, the state's law on criminalizing so-called ...
 
Document Type: Press--Releases, Articles, etc.  
Date: 2005-August-12  
Summary: This news report summarizes research, published in 2005 in an online sexuality research journal, that raises concerns about continuing criminal prosecutions of people ...
 
Document Type: Research and Journal Articles  
Date: 1988  
Summary: This limited study, conducted during the mid-1980's, chronicles the lack of transmission of HIV through bites and scratches. The study followed only one patient, an HIV- ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2011-October  
Summary: Congresswoman Barbara Lee's (D-CA) letter to President Obama calling for a renewed effort to reduce HIV transmission and expand access to care. In the letter, ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2012-July-20  
Summary: U.S. Representative Hansen Clarke, of Michigan's 13th District, issued a statement pledging his support to ending HIV criminalization. In the statement, he thanked ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2010-October  
Summary: In this letter (released in October 2010) to Housing and Urban Development (HUD) Secretary Shaun Donovan, National People's Action and affiliate organizations that include ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2011-November  
Summary: Leading HIV organizations in the U.S. sent a letter to President Obama today about the speech he will deliver on World AIDS Day, December 1st. The 2011 World AIDS Day ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2012-July-17  
Summary: Thirty-six members of the United States Congress signed a letter addressed to United States Attorney General Eric Holder expressing their concern that "current state and ...
 
Document Type: White Papers and Reports  
Date: 2010  
Summary: This document from the Global Network of People Living With HIV (GNP+) is designed to give an overview of the impact of the HIV epidemic from the perspective of HIV ...
 
Document Type: Research and Journal Articles  
Date: 2010-May  
Summary: This journal article discusses the politicization and criminalization of reproduction, specifically the criminal prosecutions of drug use by pregnant women. Some of the ...
 
Document Type: Research and Journal Articles  
Date: 2012  
Summary: The following summary is the abstract of the article written by the author, Margo Kaplan. This article challenges the current legislative and scholarly approaches to ...
 
Document Type: White Papers and Reports  
Date: 2013  
Summary: This report provides a review of the literature on the overlapping epidemics of mass incarceration and HIV/AIDS concentrated among poor communities of color, and the role ...
 
Document Type: Pleadings and Briefs  
Date: 2010-March-31  
Summary: The ACLU of Michigan argues in its amicus brief that a Michigan bioterrorism statute should not be applied to an HIV-positive individual who allegedly bit another ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012-April-11  
Summary: Adam Donald Musser brought this petition for a writ of habeas corpus to overturn his four Iowa state court convictions for criminal transmission of HIV under Iowa Code ...
 
Document Type: Executive Orders, Reports, and Directives  
Date: 2010-July-13  
Summary: On July 13, 2010, the Obama administration released the National HIV/AIDS Strategy (NHAS) for the United States. The NHAS is the culmination of work and advocacy by people ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2011-March-14  
Summary: The National Alliance of State and Territorial AIDS Directors (NASTAD), an organization that represents public health officials and administers state and territorial ...
 
Document Type: Executive Orders, Reports, and Directives  
Date: 2010-July-13  
Summary: The National HIV/AIDS Strategy (NHAS) Implementation Plan sets short term Federal benchmarks as well as longer-term mandates for multiple federal agencies responsible for ...
 
Document Type: Executive Orders, Reports, and Directives  
Date: 2010-July-13  
Summary: The President's Memorandum on the National HIV/AIDS Strategy (NHAS) summarizes the responsibilities of individual Federal agencies in outlining a strategy to meet the ...
 
Document Type: Research and Journal Articles  
Date: 2012  
Summary: Highlights the results of a research study examining whether HIV-positive individuals' awareness of the New Jersey law requiring disclosure of HIV status ...
 
Document Type: Research and Journal Articles  
Date: 2013  
Summary: This study was designed to examine HIV testing, HIV diagnoses, and the attitudes of men who have sex with men following media releases about a local ...
 
Document Type: Links  
Date: 2011-March-11  
Summary: This link is to The Root's excellent piece on HIV criminalization as a civil rights issue. The article covers the impact of HIV-related prosecutions on people of color ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2012-February-13  
Summary: This ten-point declaration calling for the end of criminal prosecutions for HIV non-disclosure, exposure and unintentional transmission was drafted on February 13, 2012 by ...
 
Document Type: Client/Agency Forms  
Date: 1998-August  
Summary: This form was created and used by the Arkansas Department of Health, Bureau of Public Health Programs to document the warning of persons after they have tested positive ...
 
Document Type: Pleadings and Briefs  
Date: 2010-June  
Summary: On April 19, 2010, Lambda Legal and several partners submitted an amicus curiae brief on behalf of Allen, an HIV-positive man in Michigan charged with bioterrorism after ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2010-June-2  
Summary: On June 2, 2010, a Macomb County, Michigan Circuit Court judge dismissed an October 2009 charge brought under the state's anti-bioterrorism law against Allen, an ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1993-March-19  
Summary: Dempsey, 34-years-old, was convicted of aggravated criminal assault and criminal exposure to bodily fluids that could transmit HIV after he forced his 9-year-old younger ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2007  
Summary: In 2004, an HIV positive inmate in Michigan was convicted on three counts of assault when he allegedly punched and spat on correctional officers during an altercation. ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012-June-7  
Summary: This decision from the New York Court of Appeals vacated the conviction for aggravated assault of David Plunkett, and remanded his case for resentencing. Plunkett is an ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1994-January  
Summary: In this consolidated case, the Illinois Supreme Court rejected two constitutional challenges to Illinois' criminal transmission statute brought by Caretha Russell and ...
 
Document Type: Research and Journal Articles  
Date: 1999  
Summary: This study of 2,169 homosexual and bisexual men sought to find the rates of seroconversion (becoming HIV positive) during various sexual acts—both protected and ...
 
Document Type: Press--Releases, Articles, etc.  
Date: 2012-July-24  
Summary:  Press release on the issuing of joint statement by the Positive Justice Project.
 
Document Type: Letters and Other Advocacy Documents  
Date: 2012  
Summary: The Positive Justice Project (PJP) drafted this proposal for a resolution by PACHA that would identify key problems with criminal law approaches to HIV prevention, and ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2012-July-24  
Summary: Released by the Positive Justice Project (PJP) in July 2012, this is the first national consensus statement on HIV criminalization. This Positive Justice Project ...
 
Document Type: Fact Sheet  
Date: 2010-December-2  
Summary: The Positive Justice Project's HIV Criminalization Fact Sheet provides a quick summary of the facts and issues surrounding HIV criminalization in the United States. ...
 
Document Type: Links  
Date: 2012-May  
Summary: This is a link to a February 2012 Iowa Public Radio audio news story on Iowa's HIV-specific law, which criminalizes HIV "exposure" and nondisclosure of one's HIV status. ...
 
Document Type: Charts, Tables, and Graphs  
Date: 2013-May  
Summary: This list, although not exhaustive, provides a broad snapshot of the spate of prosecutions for HIV exposure in the United States from 2008 through January 2013. The vast ...
 
Document Type: Research and Journal Articles  
Date: 2009  
Summary: This article argues that the U.S. National HIV/AIDS Strategy must explicitly commit to a human rights framework when developing programs and policies that address the ...
 
Document Type: Research and Journal Articles  
Date: 2011  
Summary: This abstract is taken, in part, from the article summary. The risk of acquiring HIV from a single sexual contact varies enormously, reflecting biological and behavioral ...
 
Document Type: Research and Journal Articles  
Date: 2012-March  
Summary: Studies have demonstrated that trauma is a major factor contributing to HIV infections in women in the U.S., but it is only recently that researchers have begun to explore ...
 
Document Type: Statutes, Regulations, and Agency Guidelines  
Date: 2008-October  
Summary: These 2008 recommendations consolidate and replace the 1998 HIV Partner Counseling and Referral Services Guidance and the 2001 Program Operations Guidelines for STD ...
 
Document Type: Research and Journal Articles  
Date: 2008-July-26  
Summary: (The following summary is excerpted from the article's abstract): A consensus statement released on behalf of the Swiss Federal Commission for HIV/AIDS suggests that ...
 
Document Type: International Commitments and United Nations Documents  
Date: 2010-April  
Summary: This report, submitted to the Human Rights Council by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and ...
 
Document Type: Research and Journal Articles  
Date: 2008-July  
Summary: This issue, published in English and Spanish, focuses on the rights of sex workers. It addresses: (1) police raids and "rescue" services that are often ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2013  
Summary: The President's Adviisory Council on AIDS voted on February 7, 2013, to approve a resolution calling for federal action against HIV criminalization. The ...
 
Document Type: Pleadings and Briefs  
Date: 2012-June  
Summary: National Alliance of State and Territorial AIDS Directors, The Center for HIV Law and Policy, and HIV Law Project submitted this amicus brief in support of Nick Rhoades in ...
 
Document Type: Pleadings and Briefs  
Date: 2012  
Summary: The State of Iowa's response brief to the Supreme Court of Iowa in Nick Rhoades's 2012 appeal of the denial of his application for post-conviction relief. In 2008, ...
 
Document Type: Pleadings and Briefs  
Date: 2012  
Summary: Nick Rhoades's opening brief and request for oral argument to the Supreme Court of Iowa in his 2012 appeal of the denial of his application for post-conviction ...
 
Document Type: Pleadings and Briefs  
Date: 2012  
Summary: Nick Rhoades's reply brief to the Supreme Court of Iowa in his 2012 appeal of the denial of his application for post-conviction relief. In 2008, Rhoades was convicted ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012  
Summary: This is a resolution by the Public Safety and Legal Administration Committee of the City of Atlanta authorizing a monetary settlement of $250,000 for an HIV-positive man ...
 
Document Type: Statutes, Regulations, and Agency Guidelines  
Date: 2012  
Summary: SB 3673, passed during the spring of 2012, amends Illinois' HIV criminalization law to make several significant changes, which are highlighted in the attached copy of the ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2013-May  
Summary: To avoid a court battle, or to win a case once in court, people with HIV may need to introduce evidence or affidavits demonstrating that they pose no significant risk of ...
 
Document Type: White Papers and Reports  
Date: 2010-July  
Summary: This document is a chapter excerpted from a larger policy report on the criminalization of HIV non-disclosure in Ontario, Canada. Although it is part of a Canadian report ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1990  
Summary: Scroggins was convicted of aggravated assault with intent to murder after he allegedly bit a police officer during an arrest. At a hospital after the encounter, Scroggins ...
 
Document Type: Research and Journal Articles  
Date: 2004  
Summary: This article takes a critical look at the CDC's "Prevention for Positives" program, which encourages HIV-positive individuals to disclose their status to ...
 
Document Type: White Papers and Reports  
Date: 2009-July  
Summary: This report represents conclusions reached at a 2009 conference sponsored by the International Center for Research on Women, aids2031, the United Nations Development ...
 
Document Type: Research and Journal Articles  
Date: 2010  
Summary: Sex workers are frequently omitted from discussions about the links between criminalization, marginalization, and increased HIV transmission. At the IAS 2010 conference in ...
 
Document Type: White Papers and Reports  
Date: 2011  
Summary: The purpose of this descriptive study was to identify and document promising practices for the prevention and response to sexual assault in juvenile residential facilities ...
 
Document Type: Statutes, Regulations, and Agency Guidelines  
Date: 2012-May-1  
Summary: This prosecutorial policy was issued by the Crown Office and Procurator Fiscal Service (COPFS) of Scotland to provide guidance on prosecutions for intentional or reckless ...
 
Document Type: Research and Journal Articles  
Date: 2010-October  
Summary: This survey examined attitudes about the criminalization of sex without advance disclosure by an HIV-positive MSM of his HIV status to his partner. 1,725 American men who ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1996-August  
Summary: In a case with horrific facts, the Maryland Court of Appeals, the state's highest court, reversed an HIV-positive rapist's attempted murder convictions, concluding ...
 
Document Type: Fact Sheet  
Date: 2013-March  
Summary: Every year people with HIV are the subject of felony criminal charges ranging from aggravated assault to intentional HIV transmission following police encounters in which ...
 
Document Type: Compilations of Laws and Cases  
Date: 2010-July  
Summary: This chart, updated in July 2010, includes state-by-state information on criminal laws related to exposure and transmission of HIV for all 50 states and the District of ...
 
Document Type: Compilations of Laws and Cases  
Date: 2004  
Summary: This is a 2004 update of the comprehensive survey of HIV/AIDS related laws first published by the journal Law and Sexuality: A Review of Lesbian, Gay, Bisexual, and ...
 
Document Type: Pleadings and Briefs  
Date: 1997-August-07  
Summary: Lambda Legal submitted this amicus brief on behalf of an HIV-positive defendant in an appeal of a criminal conviction for assault with a deadly weapon for spitting in a ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1995-March  
Summary: Donald Caine was convicted of attempted second degree murder after he stabbed Wanda Fitzgerald with a needle attached to a syringe containing a clear fluid. Before ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2009-May-08  
Summary: In violation of an Ohio HIV notification law, Jonathon Eversole tested positive for HIV and engaged in a sexual relationship with another person without first disclosing ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2001  
Summary: Ferguson was convicted of second degree assault and sentenced to 120 months imprisonment under former WASH. REV. CODE ANN. § 9A.36.021(1)(e) (1988) after he allegedly ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1989  
Summary: Guayante was convicted of one count of sexual abuse and two counts each of attempted rape and sodomy of a thirteen-year-old girl. Taking into consideration Guayante's ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1996  
Summary: Hinkhouse was convicted of ten counts of attempted murder and ten counts of attempted assault after he engaged in unprotected sexual intercourse with a number of women to ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2013-March-25  
Summary: This is a 2012 decision by the Court of Criminal Appeals of Tennessee reversing the defendant's conviction of criminal exposure to HIV and imposing one of attempt to ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2000-April-14  
Summary: The New Mexico Court of Appeals found that spitting and throwing other bodily fluids at a police officer or corrections officer could meet the definition of battery as ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2008-June-11  
Summary: Mubita was convicted of eleven counts of transferring body fluids containing HIV under Idaho statute Idaho Code Ann. §39-608. Mubita received a sentence of four ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2006  
Summary: This is a decision by the Supreme Court of Iowa affirming the defendant's conviction and 25-year prison sentence under Iowa's criminal transmission of HIV statute. The ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2006  
Summary: This is the second of two appellate decisions, made the same day, by the Supreme Court of Iowa affirming Adam Donald Musser's conviction and 25-year prison sentences under ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2009-June-19  
Summary: This summary was excerpted from the excellent description of the case provided by Art Leonard on Leonard Link. For the full case description and analysis, click ...
 
Document Type: Pleadings and Briefs  
Date: 2013  
Summary: The American Civil Liberties Union, The Center for HIV Law and Policy, Lambda Legal, and OutFront Minnesota filed this amicus brief in support of the defendant, Daniel ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2000-July  
Summary: State v. Schmidt is the second case in the state of Louisiana in which a defendant was convicted of attempted second degree murder for exposing another person to HIV. ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2011-January  
Summary: In this Iowa case, Tabor appealed his conviction for criminal transmission of HIV, in violation of Iowa Code section 709C.1 (2009). His conviction was upheld. He ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1999  
Summary: Thomas was found guilty of transferring body fluid while HIV positive in violation of Idaho law, Idaho Code Ann. § 39-608. Thomas received a maximum fifteen-year ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2006-May  
Summary: Whitfield was convicted of 17 counts of first degree assault with sexual motivation, 2 counts of witness tampering, and 3 counts of violating a no-contact order in ...
 
Document Type: Research and Journal Articles  
Date: 2012  
Summary: This article reviews Switzerland's evolving drug policies over the past thirty years in an effort to demonstrate the relationship between public health services and ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012-April-17  
Summary: This is a decision by the Missouri Court of Appeals – Western District affirming the circuit court's denial of the defendant's motion for post-conviction ...
 
Document Type: Research and Journal Articles  
Date: 2008-June-23  
Summary: Believing that it is important to have a better understanding of the actual risks of HIV transmission through oral sex, the authors reviewed and summarized all available ...
 
Document Type: Fact Sheet  
Date: 2012-March  
Summary: This talking points sheet provided relevant information about Maryland House Bill 622, which was proposed in spring 2012 and sought to increase the existing Maryland HIV ...
 
Document Type: White Papers and Reports  
Date: 2006  
Summary: This report, prepared by Richard Elliott of the Canadian HIV/AIDS Legal Network, describes the work of the 2006 WHO technical consultation on the criminalization of HIV ...
 
Document Type: Directories  
Date: 2013  
Summary: The following are organizations that have joined the Positive Justice Project.  Because a number of PJP's individual members are current targets of HIV-related ...
 
Document Type: Research and Journal Articles  
Date: 2010-September-22  
Summary: This article makes the case that State Attorneys General (SAG) have considerable legal powers to protect the public's health, yet their role in the development of health ...
 
Document Type: Research and Journal Articles  
Date: 2007  
Summary: This briefing paper is an introduction to complex scientific and social issues surrounding using scientific analysis of HIV strands in criminal prosecutions. This type of ...
 
Document Type: White Papers and Reports  
Date: 2012-June  
Summary: This report asserts that drug law enforcement practices prevent drug users from taking advantage of public health services and effectively increase their vulnerability to ...
 
Document Type: Press--Releases, Articles, etc.  
Date: 2009-July-09  
Summary: The Center for HIV Law and Policy (CHLP), along with thirteen organizations working to advance the health and rights of women living with HIV in the United States, sent a ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1990  
Summary: This is a United States Court of Military Appeals decision affirming the key holdings of a United States Air Force Court of Military Review decision that found a military ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2008  
Summary: Burnett was convicted of indecent exposure and public lewdness on federal property after he solicited an undercover police officer for oral sex and exposed himself to the ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1997  
Summary: This is a United States Court of Appeals for the Armed Forces decision affirming the aggravated assault conviction of a man who transmitted HIV to a consensual sexual ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2008-May-06  
Summary: A married army staff sergeant was charged with two counts of attempted murder in military court after it was discovered that he was having sex with women outside of his ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1990  
Summary: This is a United States Court of Military Appeals decision that examines the validity of a "safe sex" order. The court determines the order was not overbroad in ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012-December-04  
Summary: This is a United States Air Force Court of Military Review decision affirming an HIV-positive officer's conviction by general court-martial of sodomy by fellatio, ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1993  
Summary: This is a United States Court of Military Appeals decision holding that a military officer's failure to inform his sexual partner of his HIV-positive status supports an ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012-December-04  
Summary: This is a United States Army Court of Military Review decision affirming the conviction by general court-martial of consensual sodomy and wanton disregard for human life ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2012-December-04  
Summary: This is a United States Army Court of Military Review decision affirming a lower court's general court-martial of an officer who pleaded guilty to two counts of ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1991  
Summary: This United States Army Court of Military Review decision sets aside a lower court's conviction of an HIV-positive staff sergeant of assault consummated by a battery ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1994  
Summary: This is a United States Court of Military Appeals decision affirming a trial court's convictions of aggravated assault and indecent acts for an HIV-positive man ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2004  
Summary: This is a United States Navy-Marine Corps Court of Criminal Appeals decision that examines whether a military trial judge appropriately convicted an HIV-positive man of ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1989  
Summary: This United States Court of Military Appeals decision affirms a lower court's convictions of a sergeant of aggravated assault, absence without leave, and failure to repair ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 2008-March-03  
Summary: This opinion involves an appeal from an aggravated assault conviction brought against an officer in the Coast Guard who allegedly had unprotected vaginal intercourse with ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1989  
Summary: This United States Court of Military Appeals decision affirms the court martial of an HIV-positive staff sergeant for violating a "safe sex" order and committing ...
 
Document Type: Court and Agency Decisions and Orders (including case law)  
Date: 1989  
Summary: This is a United States Court of Military Appeals decision reversing a trial judge's dismissal of charges against an officer, thus allowing the case to proceed to ...
 
Document Type: White Papers and Reports  
Date: 2011-November  
Summary: This report by Positive Justice Project member NASTAD provides a summary of health departments' relationships with state departments of corrections (DOC) regarding ...
 
Document Type: White Papers and Reports  
Date: 2011-December  
Summary: This report by Positive Justice Project member NASTAD provides a summary of health departments' awareness of any policies and practices that unjustly sanction persons ...
 
Document Type: Pleadings and Briefs  
Date: 2009-June  
Summary: In this brief, the Center for HIV Law and Policy, National Advocates for Pregnant women, and other amici argue that a federal judge in the District of Maine improperly ...
 
Document Type: White Papers and Reports  
Date: 2011  
Summary: This chapter, in a larger report on the State of Sexual Freedom in the United States, explores the current state of HIV criminalization in the United States, including ...
 
Document Type: Research and Journal Articles  
Date: 2001-May  
Summary: This study, which took place between 1994 and 1998 in Rakai, Uganda, tracked the HIV-1 transmission rate in 415 heterosexual couples with discordant HIV-1 status. Of the ...
 
Document Type: Fact Sheet  
Date: 2011-February  
Summary: What HIV Criminalization Means to Women in the U.S. is a briefing paper that addresses practical and legal questions that are often raised about using criminal law as a ...
 
Document Type: Client/Agency Forms  
Date: 2008-March-14  
Summary: The Missouri Department of Health and Senior Services requires that all individuals who test positive for HIV sign – and initial every paragraph of – a form in ...
 
Document Type: Research and Journal Articles  
Date: 2011  
Summary: This article discusses the criminalization in England of same-sex, sadomasochistic (s and m) behavior. The author also explores how violence and HIV are readily ...
 
Document Type: Charts, Tables, and Graphs  
Date: 2013-April  
Summary: This United States map identifies states that have HIV-specific criminal statutes, and subsequent prosecutions, and states that do not have such statutes but have arrested ...
 
Document Type: Research and Journal Articles  
Date: 2010  
Summary: This article discusses the global trend in the creation of laws specifically aimed at criminalizing HIV exposure. At the time of the article, 63 countries had at least ...
 
Document Type: Research and Journal Articles  
Date: 2012  
Summary: This article offers comprehensive analysis of the trends, demographic patterns, and outcomes of more than 100 Canadian criminal cases of HIV non-disclosure between 1989 ...
 
Document Type: Training Materials, Slides, Pamphlets  
Date: 2010-December-20  
Summary: These slides explore HIV criminalization, and the potential use of alternatives to incarceration as a way to address the human rights violations represented by arrest and ...
 
Document Type: International Commitments and United Nations Documents  
Date: 2013  
Summary: This Statement, accepted for publication by the 57th Session of the UN Commission on the Status of Women, calls for the repeal of all laws criminalizing HIV ...
 
Document Type: Pleadings and Briefs  
Date: 2010-June  
Summary: Lambda Legal, the American Academy of HIV Medicine, the Association of Nurses in AIDS Care, and the HIV Medicine Association filed this amicus curiae (meaning "friend of ...
 
Document Type: Research and Journal Articles  
Date: 2002  
Summary: This article by Zita Lazzarini, Sarah Bray, and Scott Burris analyzes whether laws criminalizing HIV exposure are effective tools for preventing the spread of HIV/AIDS in ...