TN’s enforcement of ‘aggravated prostitution’ law discriminates against those with HIV, DOJ says

Erin McCullough
·3 min read
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NASHVILLE, Tenn. (WKRN) — The enforcement of a Tennessee law penalizing the crime of “aggravated prostitution” unfairly discriminates against those living with HIV, the U.S. Department of Justice said Friday.

The DOJ issued a letter saying it found the State of Tennessee, the Tennessee Bureau of Investigation and the Shelby County District Attorney’s Office all violated the Americans with Disabilities Act (ADA) by enforcing the state’s aggravated prostitution statute against people living with HIV. The announcement was also made on World AIDS Day, an international day dedicated to raising awareness of the AIDS pandemic.

The “comprehensive investigation” by the DOJ found that the state and the Shelby County DA’s office subject people living with HIV to harsher criminal penalties solely because of their HIV status, violating Title II of the ADA.

“Tennessee’s aggravated prostitution law is outdated, has no basis in science, discourages testing and further marginalizes people living with HIV,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People living with HIV should not be treated as violent sex offenders for the rest of their lives solely because of their HIV status. The Justice Department is committed to ensuring that people with disabilities are protected from discrimination.”

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Tennessee’s aggravated prostitution statute elevates what would otherwise be misdemeanor conduct to a felony because the individual has HIV, regardless of any actual risk of harm, the DOJ said. A person convicted of aggravated prostitution faces three to 15 years in prison and a fine up to $10,000, while a person convicted of a misdemeanor charge based on the same conduct is subject to a sentence of no more than six months and up to a $500 fine. While the aggravated prostitution statute applies statewide, it has been enforced most frequently in Shelby County, according to the DOJ.

Aggravated prostitution is also categorized as a “violent sexual offense” mandating registration by those convicted on the Tennessee Sex Offender Registry, in most cases for life. The state maintains the registry through the TBI, which is why the DOJ included the agency in the announcement. Individuals placed on the registry due to convictions for aggravated prostitution are restricted in where they may live, work and go in public, and have experienced increased homelessness and unemployment, the DOJ said. These individuals also face public disclosure of information about their HIV status, which can lead to harassment and discrimination, according to the department. The DOJ opened this investigation in response to complaints about enforcement of the statute.

The department’s letter provides Tennessee, TBI and the Shelby County DA’s office with written notice of its findings and details the minimum remedial measures necessary to address them.

Click HERE to read the full letter from the DOJ to the state of Tennessee

Specifically, the letter states the Shelby County DA should “cease enforcement of the aggravated prostitution statute,” as well as “adopt or revise written policies” to reflect prohibitions against discrimination against those with HIV solely because of their HIV status, and training requirements for all prosecuting attorneys in the Shelby County DA’s office.

The state should also stop enforcing the statute, as well as remove those on the sexual offender registry list solely for aggravated prostitution convictions and expunge records pertaining to those with only those convictions on their records. The DOJ also says the governor should ask the Tennessee General Assembly to repeal that provision of state law, and the state should pay compensatory damages to those individuals affected by that state law.

If the detailed steps aren’t taken, the DOJ said it could take further action, including filing a lawsuit against the state.

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