He Said, She Said -- and What the Law Says

published on October 18, 2018 by Chad Zawitz, M.D., in The Body

Enacted in 1989, Illinois' HIV Criminal Transmission Law has undergone minor revisions since then, but remains no less controversial. In the era of U=U (Undetectable=Untransmittable), PrEP, treatment as prevention (TasP, e.g., HPTN 052 and other studies), as well as enlightenment about HIV in general, it is time to reconsider the consequences of this law.

I have worked at the Cook County Jail in Chicago for 14 years. In that time, I have provided HIV medical services to a number of patients who were in custody awaiting trial over alleged violation of the HIV Criminal Transmission Law. The purpose of this article is not to suggest innocence or guilt of the alleged, but to provide real-world examples of how this law has affected patients from the perspective of the incarcerated and those who care for them. Names and specific details of criminal allegations have been modified to protect privacy.

Mr. Xavier has been in jail since 2014, charged with HIV Criminal Transmission. During a slow day in clinic, he decided to share his version of the allegations with me. He had been in a long-term relationship with his girlfriend. They have one child together, and he has two other children from a previous partner. The two of them apparently got into a heated argument ultimately leading to the end of their relationship. However, that was not the end of the fight's consequences.

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He Said, She Said -- and What the Law Says

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