The U.S. Department of Justice (DOJ) filed a lawsuit against the State of Tennessee and the Tennessee Bureau of Investigation (TBI) Thursday alleging that the state’s aggravated prostitution statute discriminates against prostitutes with human immunodeficiency virus (HIV).
Tennessee’s aggravated prostitution statute, which dates back to 1991, makes it a Class C felony when a person who is knowingly infected with HIV engages in sexual activity as a business, or seeks to be hired for sexual activity in a house of prostitution or public place.
The DOJ alleges that the enforcement of Tennessee’s aggravated prostitution statute violates the Americans with Disabilities Act (ADA) by subjecting prostitutes to harsher criminal penalties solely because of their HIV-positive status.
“The enforcement of state criminal laws that treat people differently based on HIV status alone and that are not based on actual risks of harm, discriminate against people living with HIV,” said Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division.
“People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions,” Clarke said. “This lawsuit reflects the Justice Department’s commitment to ensuring that people living with HIV are not targeted because of their disability.”
In Tennessee, engaging in or offering sexual activity as a business is generally a Class B misdemeanor, punishable by up to six months in prison and up to a $500 fine.
When knowingly infected with HIV, however, prostitution becomes a Class C felony, and is punishable by up to 15 years in prison, and a fine of up to $10,000.
Aggravated prostitution is also classified as a “violent sexual offense,” which places those convicted under the statute on the TBI’s Tennessee Sex Offender Registry.
The Justice Department alleges that the registry results in those convicted of aggravated prostitution facing restrictions of where they may live and work, and leads to harassment and discrimination.
Read the DOJ’s full complaint against the State of Tennessee and Tennessee Bureau of Investigation here.
HIV prostitutes deserve the death penalty.