Victim Impact
During the summer of 2014, an explosive arrest was splashed across Midwestern newspapers: a young gay black man in a conservative county in Missouri and the accusations against him quickly became a flashpoint for racial and sexual politics—leading some critics to charge that HIV-specific criminal laws target gay black men. This chapter draws on an original dataset of convictions under HIV-specific criminal laws in six states to evaluate whether the enforcement of HIV exposure and disclosure laws has discriminatory effects. Findings show that victim characteristics—rather than defendant demographics—shape uneven patterns in the application of the law. This victim impact flips expected patterns of discrimination on their head, resulting in more convictions among heterosexual and white defendants; at sentencing, black defendants are punished more severely, women are treated more leniently, and men accused of not disclosing their HIV status to women are punished more harshly than those accused by men. This chapter digests these trends using the tools of sociology, epidemiology, and criminology to offer a specific diagnosis for reform.