A recent study by the Williams Institute at UCLA highlights a startling racial disparity in the enforcement of Maryland’s HIV criminal law. The data reveals a significant overrepresentation of Black men among those prosecuted under this law. Despite Black men constituting a minority in Maryland’s population, they form the majority of individuals charged under this HIV-specific statute.
The Legacy of HIV Panic
Originating from the late 1980s’ AIDS crisis, Maryland’s law criminalizes the knowing transmission of HIV. Analysis of the state’s enforcement of this law from 2000 to 2020 shows an alarming trend: a majority of the prosecutions involved Black men, highlighting a racial bias in the application of the law. The report underscores the disconnect between current medical advances in HIV treatment and the outdated legal framework that continues to govern HIV transmission in Maryland.
Geographical Concentration and Future Implications
Enforcement of this law is not uniformly distributed across the state. Baltimore City, Montgomery County, and Prince George’s County, areas with higher populations of Black residents, have seen the highest number of cases. This geographical concentration raises concerns about the law’s impact on minority communities. The study’s findings call for a reevaluation of the law, considering modern medical understandings of HIV and its transmission.