Russell Robinson
Oct. 18, 2010
American Bar Association Hearing
Visiting Professor of Law,
UC Berkeley Law School
Professor of Law,
UCLA School of Law
Domestic Incidence
Visiting Professor of Law,
UC Berkeley Law School
Acting Professor of Law,
UCLA School of Law
Disproportionate Risks of HIV Infection
Visiting Professor of Law,
UC Berkeley Law School
Acting Professor of Law,
UCLA School of Law
Overview of impact of HIV transmission laws
1. A key study found a mere 316 prosecutions over 15
years
2. Roughly 21 prosecutions a year
3. By contrast, there are 50,000 new infections each year
(750,000 instances during 15-yr time period)
4. 25% of states had no prosecutions
5. Prosecutions typically aimed at people who had
broken additional laws, at least 70%
Sweeping Scope of HIV Transmission Laws
Require disclosure of HIV status before engaging in many low or no-risk
activities, including mutual masturbation or penetration with a sex toy.
They apply to oral sex, which most public health experts consider to be
low risk.
They do not inquire into the HIV- status of the victim.
They do not require that the victim be actually infected through the
exposure.
Most states do not consider whether the non-discloser used a condom.
They generally do not distinguish between high risk and low-risk sexual
activities.
HIV Risk Levels
Probability of HIV transmission for HIV-negative persons
engaging in sex acts with HIV-positive partners
Unprotected anal sex: Insertive
Unprotected anal sex: Receptive
1 in 2,000
1 in 50
Protected anal sex: Insertive
Protected anal sex: Receptive
1 in 20,000
1 in 500
Unprotected vaginal sex: Male
Unprotected vaginal sex: Female
1 in 2,000
1 in 1,000
Unprotected oral sex: Insertive
Unprotected oral sex: Receptive
negligible
1 in 2,500
Cunnilingus, Analingus
negligible
Source: Galletly and Pinkerton, 2004
Sexual Orientation Identities
90.2% 90.3%
Male
Female
2.3% 1.3%
Heterosexual
Source: Mosher
Homosexual
1.8% 2.8%
Bisexual
3.9% 3.8%
Something
Else
1.8% 1.8%
Did Not
Report
Sexual Orientation Identities
Identifying as "Something Else"
7.5%
7.3%
6.5%
6.1%
2.3%
White
2.3%
Latino/a
Male
Source: Mosher
Black
Female
CDC study on young black men who
have sex with men in 6 major cities
2002 study, which was based on data from 19941998
920 black MSM, ages 15-22
Asked if they knew their HIV status and then
tested
Source: CDC, 2002
16% tested positive
Findings
93% of those who were positive were unaware of
their infection
Of those with unrecognized infection, 71% stated
before testing that there was no chance, that it was
very unlikely or unlikely that they were infected
with HIV
36% of the sample had never been tested for HIV;
most of the remainder did not test regularly
Source: CDC, 2002
Those who had an unrecognized infection and had
recently engaged in unprotected anal sex gave the
following reasons for not using condoms:
They “knew” they were HIV-negative (24%)
They “knew” their partners were HIV-negative
(20%)
They thought their partners were at low risk of
infection (35%)
Source: CDC, 2002
Condoms were not available (43%)