COMMENTS ON SENATE BILL 65

Senate bill 65 would add an additional penalty to the existing crime of intentionally exposing someone to HIV/AIDS. While it is already a crime in South Dakota to knowingly infect someone with HIV/AIDS, this bill would also require them to register as a sex offender.

An initial gut reaction is to say "why not?" No one should be allowed to intentionally expose someone else to harm. However, there are some unintended consequences to the criminalizing of HIV and Aids. Appealing to the emotional "hang em high" mentality may win votes but doesn't solve the problem. Indeed, it is making it worse.

First, it stigmatizes those who have AIDS even more than they already are by giving the public perception that all AIDS patients are somehow evil people.

Secondly, it creates a reason not to get tested and to know one's HIV status. The comment I heard recently; "If I don't know my HIV status, they can't charge me with a crime."

Thirdly, it costs the state of South Dakota money that is badly needed for HIV and AIDS prevention. South Dakota spends none of its own money on HIV prevention. All of the funds come from the Center For Disease Control (CDC). This money is dispensed according to the rates of infection in any given state.

South Dakota doesn't have anonymous testing. All HIV positive cases get reported to the Dept. of Health which does follow up on each case. Since HIV/AIDS has been criminalized here, a lot of people have been reluctant to get tested because they do not know the ramifications of engaging in sexual activity even if that activity would be regarded as safe. If it fails and the person gets HIV, are they liable. How do they know?

As a result a lot of people are going out of state to get tested. If they test positive, that gets figured into that states HIV infection rate not South Dakota's. Consequently, South Dakota gets less money because our rates are artificially calculated low. As a result there is less money for HIV/AIDS prevention and education and the cycle keeps going.

Add to this the fact that there is no prevention education in the schools and the stage is set for a major outbreak. Whenever, I start working with a new client especially one of the youth group members, I am amazed at the lack of information and understanding they have about HIV and AIDS.

If South Dakota and our legislators really want to prevent AIDS and not just cater to the "If it feels good, it must be evil" crowd, then they need to start investing in real education and prevention activities which address the real situations and behaviors in which people especially our youth are involved. The "abstinence only" approach being advocated by the "horrors of sex" religious fanatics has been proven to be ineffectual and unrealistic.

I find it interesting that we are finding new and novel ways to put people into prison at the same time certain legislators want to close down colleges. Turn them into prisons?