First, let me begin with some statistics which I won't validate with adjectives. I'll give my readers the freedom to choose which word or collection of words might describe their reactions to what I've written below.
According to a recent publication of the Ontario AIDS Network:
(1) 32% of people believe incorrectly that HIV can be transmitted through kissing
(2) 29% believe incorrectly that HIV can be transmitted through a mosquito bite
(3) 26% would feel uncomfortable working in an office where someone developed HIV/AIDS
(4) 49% say that they would feel uncomfortable using a restaurant drinking glass once used by a person living with HIV/AIDS
(5) 20% do not believe in supporting the rights of people living with HIV/AIDS
In Canada:
- at least 97 people have been charged with HIV non-disclosure and convictions.
- since 2003 there has been an average of 10 cases per year.
- at least 59 people have been convicted.
- in 24 cases a person was convicted even though there was no HIV transmission alleged to have taken place.
- almost 90% of the people convicted have gone to jail.
- white people make up about 30% of people charged. Black people make up almost 25%. Aboriginal and other people make up about 6%. It is unknown the race and ethnicity of the other people charged.
- Ontario leads Canada with at least 47 cases and 31 convictions.
In Canada, a person living with HIV who does not disclose his or her status to a sex partner can be convicted of the Criminal Code offence of aggravated assault even when a sex partner does not become infected with HIV. Parliament did not change the Criminal Code to include an HIV/AIDS-specific crime.
People living with HIV in Canada face stigma and discrimination. HIV disclosure can lead to loss of privacy, employment, housing, friends and family, and sometimes lead to violence. The criminal law does not recognize this reality.
Even when a court finds a person not guilty, his or her life may have already been destroyed. A photo or medical information may have been reported in the media. Before a trial takes place he or she has been judged "guilty" in the court of public opinion. And he or she may have spent many months in jail awaiting trial.
The Joint United Nations Programme on HIV/AIDS (UNAIDS) recognized a limited role for the criminal law, in cases of intentional transmission - where a person knows his or her HIV-positive status, acts with the intention to transmit HIV, and successfully transmits HIV. UNAIDS also takes the position that the criminal law should not be applied where an HIV-positive person took reasonable measures to reduce risk of transmission, such as practising safer sex by using a condom or taking other precautions to avoid high-risk sexual acts.
Against this pervasive lack of sensitivity in the legal system and in the public realm, people living with HIV must open themselves to the threat of public exposure and the consequences that such a breach of privacy can bring: shaming, discrimination, humiliation, isolation, loss of friends, loss of family, incredible stress and anxiety, and so many more debilitating activities and emotions. It can all drive a person living with HIV to harm him or herself or to harm others or be harmed by others.
It also appears that the onus of guilt and blame rests solely on the poz person. A telling quote from Justice Edwin Cameron on the criminalization of HIV transmission reveals what the legal system and the apparent victims of HIV exposure never allow themselves to see in cases where sexual activity was mutually agreed upon by both parties.
"One wonders whether the ensuing public debate leaves space for asking who the accused's sexual partners were and what responsibility they take, 28 years after HIV became a known reality on the continent of North America, for having unprotected sex with him/her. The mediaeval dynamics of public shaming, of gross but partial community condemnation, and of crudely emotive responses instead of considered reactions do not seem too far away."
In my estimation, neither the accused nor his/her accusers win. Both parties are further isolated from the other, thereby closing off all opportunities to speak openly and honestly. The accused gets demonized. Also, humankind in trying times will often look to another to blame instead of taking responsibility for their own choices. Of course, sex for the people I'm referring to was mutual; what really needed to happen before the two people jumped into risky behaviour was to negotiate the terms of sexual activity, and understand why they chose to overlook protective measures to reduce the chances of transmission - HIV and other STIs.
In this day and age, you'd think we'd all be enlightened enough to communicate with our lovers freely about our sexual preferences but if our education system does not give kids the chance to learn about sex and safe sex and be open about expressing their budding sexualities, then how are they ever going to communicate about sex in their adult lives?
Furthermore, the lack of HIV/AIDS education and awareness in our communities is appalling. People continue to fear disclosing their HIV status to their loved ones and peer groups, who in turn, still hold onto exaggerated and false claims about HIV transmission, not bothering to educate themselves on the advances in scientific and medical research.
Why do people choose to remain in the dark? So many factors: religious, cultural, social, political, historical...All of these certainly play out in any sexual relationship between consenting adults.
AIDS service organizations might serve the practical needs of a person living with HIV and may offer a lot of support in other ways too, but they can never replace the sincere care and concern of a friend or family member. People living with HIV who have the support of their loved ones and are fully open about their status have a far greater chance of living longer, more fully, and more at peace with the past that brought them to HIV.
But the ones who are still struggling are frequently the ones who are still in hiding. Why are they still in hiding? Because they don't want to bring shame on themselves and their loved ones; because they don't want to place the burden of care on their loveds one; because they've already been shunned by their loved ones.
Without home or hope, the rejected find ways to survive the lack of love and acceptance in their lives; they will hide their heads in guilt and in pain.
The law on HIV transmission is still very ambiguous. But what doesn't have to be ambiguous are our feelings for the people we love. If we learn to have sex responsibly with respect and trust, and with the knowledge that there is caring and compassion and that the level of caring and compassion won't disappear after one night, then I highly doubt that people will be running to the courts and charging their ex-lovers. The two people can consciously engage in a dialogue that seeks to repair the damage done. It's a possibility. A hope.
A sexual experience might have a lot of conditions attached to it, but it's after this experience when the two people might have forgotten each other's names or might have moved onto others that the true nature and power of unconditional love can be witnessed in the loving care, kindness, and ongoing support and friendship these two people give to each other.
Please keep people living with HIV out of the prisons. Love and support them, and help create a world free of stigma and discrimination.
No comments:
Post a Comment