Lambda Legal today called for a moratorium on all HIV-based criminal prosecutions until state legislatures take action to implement the reforms recommended in the recent Department of Justice (DOJ) guidance advising states to eliminate such prosecutions absent clear evidence of an intent to harm and a significant risk of actual transmission.
Today the Iowa Supreme Court set aside the conviction of Nick Rhoades, an HIV-positive Iowan who was initially sentenced to 25 years in prison, with required registration as a sex offender, after having a one-time sexual encounter with another man during which they used a condom.
Today the Iowa Supreme Court heard arguments in Lambda Legal’s case representing Nick Rhoades, an HIV-positive Iowan in his appeal for post-conviction relief.
Iowa lawmakers are eager to pass laws criminalizing just about any activity. Yet they refuse to acknowledge when one of those laws turns out to be a mistake.
The Iowa Court of Appeals heard arguments in Lambda Legal’s case representing Nick Rhoades, an HIV-positive Iowan who was initially sentenced to 25 years in prison with registration as a sex offender after having a one-time sexual encounter with another man during which they used a condom.
Lambda Legal is voicing its support the REPEAL HIV Discrimination Act, which would encourage states to reconsider laws and practices that unfairly target people with HIV for consensual sex and conduct that poses no real risk of HIV transmission.
Lambda Legal client Nick Rhoades was sentenced to 25 years in prison for practicing safe sex. He along with Lambda Legal HIV Project Director Scott Schoettes spoke with Sanjay Gupta of CNN.