MEMPHIS, Tenn. — The U.S. Department of Justice says the State of Tennessee, TBI, and Shelby County District Attorney’s Office violated the rights of people living with HIV by enforcing an aggravated prostitution statute.
Friday’s announcement came on World AIDS Day, dedicated to raising awareness of the AIDS pandemic.
The DOJ said the entities violated the Americans with Disabilities Act (ADA) by enforcing a statute which provided harsher criminal penalties for people based solely on their HIV status.
The Tennessee statute turns a misdemeanor prostitution charge into a felony if the person has HIV, “regardless of any actual risk of harm,” said the DOJ. If convicted under the statute, a person would face three to 15 years in prison and fine up to $10,000, while the same charge for someone without HIV would carry a sentence of no more than six months and fine up to $500.
Aggravated prostitution also is considered a ‘violent sexual offense,’ said the DOJ, meaning those convicted under the statute would be required to register on the Tennessee Sex Offender Registry, in most cases for life. That leads to restrictions on where those people can live, work, and go in public, leading to increased homelessness and unemployment, as well as public disclosure of the person’s HIV status.
The DOJ said while the statue applies statewide, it is enforced most frequently in Shelby County. The department said it began investigating after complaints about enforcement of the statute.
A letter to the SCDAG, TBI, and state of Tennessee lists these measures among those which should be taken:
- Cease enforcement of the aggravated prostitution statute.
- Revise policies preventing discrimination against those living with HIV.
- Remove those solely convicted of aggravated prostitution from the Sex Offender Registry and expunge the records.
- Undergo more training.
- Request the Tennessee General Appeal repeal the aggravated prostitution statute.
“Tennessee’s aggravated prostitution law is outdated, has no basis in science, discourages testing and further marginalizes people living with HIV,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People living with HIV should not be treated as violent sex offenders for the rest of their lives solely because of their HIV status. The Justice Department is committed to ensuring that people with disabilities are protected from discrimination.”
In response to Friday's announcement, the Shelby County D.A.'s Office released the following statement: "We are aware of the DOJ’s letter. It’s important to note that the incidents listed in the letter occurred before August 2022- preceding DA Mulroy taking office. However, once our office was made aware, we let the DOJ know that we would fully cooperate and we will continue to do so."
The TBI issued the following statement: "We’ve received the DOJ’s letter and have begun to review its contents. The Tennessee Bureau of Investigation follows state law, as written, but beyond that, we have no further information or response to offer at this time."
For more information on the ADA, call the toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov.