The following article was originally published in the Ohio Capital Journal and published on News5Cleveland.com under a content-sharing agreement.
A new report from two Ohio organizations shows more than 200 cases of “HIV-related prosecutions” in Ohio.
Researchers from Equality Ohio and the Ohio Health Modernization Movement looked at data from 2014 to 2020 to analyze six statutes still in Ohio law “that criminalize or create penalty enhancements for people living with HIV.”
In dissecting the 214 cases, researchers found geographical and racial disparities in the data, with more than 26% of identified cases happening in Cuyahoga County, and 35.9% of defendants charged identifying as Black, a far cry from the 12.5% of Ohioans identifying as “Black alone” in the 2020 census.
“The disparate enforcement and impact of charges under these laws evidence a compelling need to modernize these laws so that they reflect accurate science regarding the routes and risks of transmission of HIV,” the study found.
According to the CDC, as of last year, 34 states had “laws that criminalize HIV exposure,” with Ohio coming in as one of 21 states that “criminalize or control actions through HIV-specific statutes and regulations.”
“Criminalization of potential HIV exposure is largely a matter of state law, with some federal legislation addressing criminalization in descrete areas, such as blood donation and prostitution,” the CDC states. “These laws vary as to what behaviors are criminalized or what behaviors result in additional penalties.”
In Ohio between 2014 and 2020, 56% of the cases related to HIV were prosecuted under the “harassment with a bodily substance” part of Ohio law, while 36% fell under the charge of felonious assault. A small amount of cases (8%) were “related to sex work,” according to the Equality Ohio/OHMM study, but none were charged under the state’s blood donation statute.
Other laws that were a part of the research include solicitation and loitering.
The study also stated that some of the six laws in place in Ohio that could criminalize a person based on their HIV status “create harsher penalties for a crime if a person is living with HIV.”
Researchers gave the example of spitting on another person, which results in a $2,500 fine or up to 12 months in prison for those without HIV. With HIV, a person can face a $10,000 fine or up to three years in prison.
“Spitting is not an HIV transmission risk,” the study stated.
The state laws related to HIV have not been revisited since the 1990s, according to the authors of the study, and outdated laws “do not reflect current scientific understanding of HIV, how it is treated and how it is spread to other people.”
Felonious assault, for example, “does not take into account if HIV is actually transmitted or if the (person living with HIV/AIDS) has an undetectable viral load and therefore cannot transmit the virus.”
“Legislative review is a key next step in ensuring that Ohio laws related to HIV are fair and in the interest of justice,” they stated.
Most represented in the cases were Hamilton County, Lucas County, Franklin County, Montgomery and Warren counties.
But Cuyahoga County, Ohio’s second-most populated county saw the most cases overall, a number four times larger than Franklin County, the most populous county in the state.
Racial demographics proved important to researchers as well, who found “a stark contrast between the population at large and the individuals being most impacted by Ohio’s HIV criminalization statutes.”
“When isolating analysis to Ohio’s largest cities, the disparity between charged cases and the general racial makeup of the population is startling,” the study showed.
Census data from 2020 showed 30.9% of Cuyahoga County residents identify as “Black alone,” but 67.8% of defendants in HIV-related cases were identified as Black. Only 30.3% of Cuyahoga County residents charged with a related crime were identified as White.
“When isolating cases to sex and racial demographics, 62 of the 214 identified cases, or 28.9%, of all defendants were identified as Black men,” according to the study.
Researchers said there is still much research to be done on the topic, but improving court systems’ demographic collection data would be help know more about the issue, as not all courts in Ohio collect the same data, or use the same collection method.
But changing Ohio law to correct debunked ideas about HIV/AIDs and mirror scientific facts is also high on the recommendation list for researchers.
“It is important to understand that behind each of these cases, there is a real person living with HIV/AIDS who has been affected,” the study concluded. “Often, these people have been most impacted because Ohio law does not reflect current scientific consensus on HIV acquisition and transmission.”
