In a significant legal breakthrough, HIV-positive individuals previously convicted of sex work in Tennessee will no longer be subjected to a lifetime registration as “violent sex offenders.” This change comes as a result of a lawsuit settlement finalized this week, challenging the state’s aggravated prostitution statute.
Last year, advocates for LGBTQ+ and civil rights took a stand against the law, arguing it was born out of the AIDS scare and discriminated against those living with HIV. Tennessee’s unique statute mandated lifetime sex offender registration for anyone convicted of sex work while being HIV-positive, regardless of transmission risk awareness.
Governor Bill Lee and other state officials have now agreed to the settlement, marking a pivotal step in addressing these historical injustices. Critics highlighted that Tennessee was the sole state in the U.S. with such a draconian measure, first enacted in 1991 amid widespread AIDS panic and misinformation. The law was further toughened in 2010, branding aggravated prostitution as a “violent sexual offense.”
The Tennessee Bureau of Investigation will begin notifying those eligible for removal from the sex offender list due to their convictions under this statute. However, the battle is not fully won. Lawyers from the American Civil Liberties Union and the Transgender Law Center have vowed to continue their efforts until the aggravated prostitution statute itself is overturned, ensuring no one is criminalized based on their health status.
The settlement also sheds light on the personal toll of this law. Plaintiffs in the case, all referred to as Jane Doe, shared their struggles, from facing harassment to difficulties in securing housing compliant with sex offender registry rules. Shelby County, encompassing Memphis, saw the majority of these convictions, reflecting broader systemic issues.
Despite recent legislative tweaks allowing victims of human trafficking to expunge aggravated prostitution convictions, the legal challenges persist. The Tennessee Attorney General’s office continues to defend the law, even as federal intervention, notably by the U.S. Department of Justice, has brought about additional settlements limiting prosecutions under the statute.
This settlement represents a crucial step towards justice, but the fight for comprehensive legal reform in Tennessee continues, aiming to dismantle the stigmatization and criminalization of individuals based on their HIV status.