![What is a Crime? Two significant Cases in Canada highlight the tensions surrounding criminalization and HIV transmission: R v. Cuerrier [1998] 2 S.C.R. R. v. Williams [2003] 41 S.C.C. Criminalization: Rhetorical strategy; Selective based on access to “Law Power” (Turk, 1982); May result in unintended consequences; Destroys trust relationships between individuals and between individuals and their communities; Relies heavily on deterrence, the effect of which, is not completely clear with complex social phenomena.](https://image.slidesharecdn.com/Criminalization-123606415214-phpapp01/85/Criminalization-and-HIV-15-320.jpg)
Criminalization and HIV
- 1. Sexual Cultures, Risk and Social Control: Criminalization, Theory and Policy in the “Post-AIDS” Era Alan D. Brown III, PhD
- 2. Today’s Talk Describe the contour of the HIV/AIDS epidemic in Canada and the United States; Examine the meaning of “Post-AIDS” identities; Explore the reflexive relationship between criminological theory, risk, and sexual cultures.
- 3. Statistical Profile of the Epidemic Source: www.unaids.org
- 4. Canadian Trends 1981-1999 Source: Health Canada/Sant é Canada
- 5. US and Canada Compared (2000) Source: Health Canada/Santé Canada U.S. Centers for Disease Control and Prevention US CDN
- 6. MSM/HRSH in Canada: What’s Next? Source: Health Canada/Sant é Canada (2001)
- 7. Forging Identities in an Epidemic UrbanizationMigration Criminalization Political Mobilization Institutional Elaboration Development of Sexual Networks Development of Social Networks HIV Epidemic
- 8. Important Canadian/US Distinctions Five Key Dimensions (Adam, 1999) Religious Composition Support for Labour and Union Movements Socio-political Landscape Control of Police and Coercive State Power (Turk, 1982) Nationalism
- 9. Shifting Identities: Post-AIDS AIDS Panic/Sex Panic Typified by the early years of the epidemic in North America. AIDS = Death Pharmacological advances with the introduction of HAART/TAHA has shifted identities Longer life expectancies Return to routine activities AIDS = Spoiled, yet manageable identity (Goffman, 1963)
- 10. The Failure of Rational Choice Models Rational Choice Models of HIV Prevention Based on liberal notions of educability Assumes a rational calculus of costs and benefits Impossible chain of expectations in these models Moatti, Hausser, Agrafiotis (1997) Difficulties with these Models Super-saturation of risk messages Cultural insensitivity Lack of Consensus Self-Sabotaging Messages Focus and Application
- 11. Research Participants A total of 25 interviews were completed during an 18 month period from November 2001 and April 2002 Snow-ball sampling based on key informant Sexual histories and semi-structured interviews (Plummer, 1995) Interviews lasted from 90 minutes to 2 ½ hours Demographics Males, age 29 to 53 years old; mean 39 years old 15 HIV+ (60%) 8 HIV- (32%) 2 (8%) participants did not know their status at the time of the interview
- 12. Case Study #1: “Trixie” 53 year old HIV+ gay identified male; Well educated about medical risks associated with HIV; Has consistently rejected HIV prevention messages; Adamant that he not use condoms; Self-proclaimed “Barebacktivist” Not clear with potential sex partners about his sero-status; Takes a passive approach; Takes responsibility for his actions by transferring the burden onto his sex partners.
- 13. Case Study #2: “Dwight” 43 year old HIV+ gay-identified male; Frequent user of Goffman’s neutralization techniques: Drug use; Unprotected sexual activity. Partnered for 20 years in asymmetrical monogamous relationship: Contract HPV and other STI’s from his partner Unsuccessful risk management; Strong identification with the “inevitability” hypothesis: Begins early in his sexual life; Continues with his optimism about treatment and “success”.
- 14. Case Study #3: “Jon” 32 year old gay identified man who is unaware of his HIV status: Seeks out high-risk sex partners in hopes of becoming infected with HIV: Does not deceive sex partners. Militantly defiant of public health messages and practitioners; Considers his behaviour “edgework”; Mythic “Man of La Mancha” figure.
- 15. What is a Crime? Two significant Cases in Canada highlight the tensions surrounding criminalization and HIV transmission: R v. Cuerrier [1998] 2 S.C.R. R. v. Williams [2003] 41 S.C.C. Criminalization: Rhetorical strategy; Selective based on access to “Law Power” (Turk, 1982); May result in unintended consequences; Destroys trust relationships between individuals and between individuals and their communities; Relies heavily on deterrence, the effect of which, is not completely clear with complex social phenomena.
- 16. The Politics of Dangerousness Petrunik (1994) People, not acts, per se are classified as dangerous; Dramatization of particular acts, rather than a continuum of harm; Dangerous predisposition; Future orientation of behaviour. Three Frames Religious Medical (Socio)Legal Praxis Clinical Justice Community Protection
- 17. The Paradox of Rationality Problematic for both Public Health and Criminological Theory: Hyper-individualistic; Assumes choices that individuals make have equal weights; Static, as opposed to inter-temporal (Green 2002); There is no clearly accepted definition of rational, it is dependent of the definition of the situation: Inability of rational choice models to take into account seemingly “irrational” bahaviour.
- 18. Seductions of Risks Katz (1998) Seductivity: Moral; Sensual; Emotional; The allure of risk behaviour is that it increases general levels of excitement and intensifies levels of emotion; It is the state of being “in and out” of control at the same time.
- 19. Recommendations Increased access to and dissemination of HIV prevention materials and resources; Culturally sensitive education programmes for both the general public and the criminal justice/legal policy maker communities; Inclusive and participatory policy making and research programmes to address issues of criminalization of HIV transmission; Wide dissemination of sociological and criminological studies of communities dealing with questions of risk and dangerousness; Increase connections to CBAO’s and other community based organizations to build strong infrastructure; Work with corrections officials, law enforcement personnel and officers of the courts to emphasize appropriate response.
- 20. Directions for Future Research Improve current public health efforts in epidemiology by doing multi-method and focused research on populations considered to be “high-risk”: “ Barebackers”; Public and Commercial Sex Venue Attendees. Work with disenfranchised populations at harm reduction/health promotion: Incarcerated individuals; Homeless adolescents involved in street-based sex work. Continue to build a dialogue with law enforcement, corrections employees and officers of the courts to adequately respond to the web of problems faced by individuals negotiating HIV risk behaviours: Canadian HIV/AIDS Legal Network; Law Commission of Canada (LCC); Correctional Service Canada (CSC).
- 21. In Closing Criminalization is not the answer to recent increases in HIV transmission: Atheoretical: Disincentive to testing; Stigma and shame; Violates confidentiality; Unclear about remedies. Specifically, policymakers should: Avoid HIV specific penalties under the extant criminal code; Respect the capacity of individuals to be able to assess risks for themselves, in the context of their own sexual cultures; Use coercive criminal sanctions as a last-resort: In cases where deceit or malicious transmission can be proven with the appropriate burden of proof for the particular jurisdiction in question.
Editor's Notes
- #2: Would like to extend my thanks to the Faculty and Staff of the University of Ottawa Department of Criminology