State Makes Case in Support of Criminal Transmission of HIV Law (2012)

The State of Iowa submitted its 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, Rhoades was convicted of criminal transmission of HIV under Iowa Code § 701C.1. The National Alliance of State and Territorial AIDS Directors, the Center for HIV Law and Policy, and the HIV Law Project submitted an amicus brief in support of Rhoades's appeal. Amici argued that Rhoades's conduct is consistent with Iowa state and federal public health policies and practices that encourage risk reduction through condom use and other safer sex practices, and that encourage, without mandating, an individual's disclosure of HIV status to partners.

"The State referenced the amicus brief's arguments in its response brief," noted one of Rhoades's co-counsel, Scott Schoettes of Lambda Legal. "Amici's policy arguments help show the court that Nick Rhoades's conduct is consistent with broadly held public health policies and practices regarding safer sex practices."