Victim Impact

Author(s):  
Trevor Hoppe

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.

2020 ◽  
Author(s):  
Jacob D Gordon ◽  
Andre L Brown ◽  
Darren L Whitfield

BACKGROUND Black men who have sex with men (BMSM) continue to experience disproportionate rates of HIV/STI infection despite advances in effective prevention tools. Over the last decade the method of finding sexual partners has evolved, with BMSM increasingly using geospatial dating applications to find sexual partners. Sexual health communication between partners has been associated with safer sex practices by previous scholars, but it is unclear how sexual health communication of BMSM differs for sex partners found on or offline. OBJECTIVE The current study explored sexual health communication in relationship to how one found their last sexual partner and factors associated with poorer sexual health communication. METHODS This study used secondary data in the form of a self-administered national survey. BMSM were recruited online and in-person and answered questions about their sexual health behaviors regarding their last sexual partner. RESULTS In total, 403 individuals were included in the analysis. The majority of respondents 55.8% (225/403) were more likely to have found their last sexual partner through geospatial dating applications and online websites than offline venues 44.3% (178/225). There was not a significant difference in scores of sexual health communication between those who found their last sexual partner on or offline (P=.49). Additionally, sexual health communication was also not significantly associated (P = .25) based on the venue of their last sexual partner after controlling for covariates. Significant predictors of lower sexual health communication of BMSM were found: positive HIV status (P = .003), a casual partner type (P < .001), and endorsement of traditional masculinity ideologies (P = .01). CONCLUSIONS Findings from this study confirm high rates of sexual partner seeking via online venues among BMSM. The significant predictors of lower sexual health communication, endorsement of traditional masculinity ideologies and positive HIV status, suggest that stigma is a barrier to effective sexual health communication of BMSM.


2013 ◽  
Vol 18 (2) ◽  
pp. 335-345 ◽  
Author(s):  
Nirav S. Shah ◽  
James Iveniuk ◽  
Stephen Q. Muth ◽  
Stuart Michaels ◽  
Jo-Anne Jose ◽  
...  

2019 ◽  
Vol 44 (4) ◽  
pp. 1113-1140
Author(s):  
Melissa Milewski

In civil cases that took place in southern courts from the end of the Civil War to the mid-twentieth century, black men and women frequently chose to bring litigation and then negotiated the white-dominated legal system to shape their cases and assert rights. In some ways, these civil cases were diametrically opposite from the criminal cases of black defendants who did not choose to enter a courtroom and often received unequal justice. However, this article draws on almost 2,000 cases involving black litigants in eight state supreme courts across the South between 1865 to 1950 to argue that in both civil and criminal cases African Americans were at times shaping their cases and fighting for their rights, as well as obtaining decisions that aligned with the interests of white elites. Southern state courts during the era of Jim Crow were thus spaces for negotiating for rights and sites of white domination, in both criminal and civil cases.


2000 ◽  
Vol 31 (4) ◽  
pp. 867
Author(s):  
Sandra Petersson

This article is a book review of Jocelynne A Scutt The Incredible Woman: Power and Sexual Politics (Artemis Publishing, Melbourne, 1997) (vol 1, 336 + xiv pages, $AUS34.95; vol 2, 354 + xvii pages, $AUS34.95). The book is an anthology of scholarship that acts as a catalogue of the wrong standards that the law has applied to women's performances and women's experiences. Petersson stresses the importance of this book for feminist legal scholarship as it increases the volume of such works, increasing the possibility of political change. Scutt's book is praised for being an exemplary voice for raising awareness in this area by making the message clear and accessible. 


Author(s):  
Catherine A. Marco

Patients may present to the emergency department (ED) for various complaints and requests related to risky sexual behavior. Such concerns may include pregnancy or infectious disease transmission, including urethritis, cervicitis, HIV, hepatitis, or others. Emergency physicians should test for pregnancy and infectious diseases, treat empirically for appropriate patients, and refer patients for counseling to reduce risky sexual behavior. Following a significant potential HIV exposure, postexposure prophylaxis (PEP) should be considered. The decision to administer PEP should be based on shared decision-making with the patient and should include assessment of the risk of the exposure and HIV status of the source patient. If the HIV status of the source patient is unknown, the source should be tested following informed consent and counseling. Patients should be referred to outpatient follow-up, including primary care, infectious disease, and if indicated, social services.


2018 ◽  
Vol 31 (3) ◽  
pp. 422-451
Author(s):  
Jacqueline G. Lee ◽  
Rebecca L. Richardson

Minority criminal defendants are more likely than White defendants to exercise their right to trial, which is concerning given that research also consistently finds trial sentences to be harsher than those obtained via pleas. However, guilty pleas are not the only disposition available for avoiding a trial; pretrial diversions and case dismissals also serve as mechanisms for trial avoidance. Using hierarchical linear modeling, we find that Black criminal defendants are more likely than Whites to go to trial rather than receive other case disposition. Relationships for Hispanic defendants are less consistent. Fewer county-level effects emerge than expected, providing little to no support for racial threat theory. Results suggest that Black defendants are less often able or willing to avoid a trial, a finding which highlights and perhaps helps to explain racial disparities in final sentencing outcomes.


2017 ◽  
Vol 10 (1) ◽  
pp. 73-81 ◽  
Author(s):  
Christopher D. Petsko ◽  
Galen V. Bodenhausen

Decades ago, social psychologists documented a juror decision-making bias called the race–crime congruency effect: a tendency to condemn Black men more than White men for stereotypically Black crimes but to do the reverse for stereotypically White crimes. We conducted two high-powered experiments ( N = 2,520) to see whether this pattern replicates and to examine whether it is attenuated when the defendant is gay. When participants reported on what the average American juror would do (Experiment 1), we observed greater harshness toward Black defendants accused of stereotypically Black crimes but not the previously documented reversal for stereotypically White crimes. Defendant sexual orientation did not moderate this pattern. When participants reported their own judgments about the same criminal cases (Experiment 2), they expressed greater harshness toward White (vs. Black) defendants and toward heterosexual (vs. gay) defendants. These effects were not moderated by crime type. Implications for the race–crime congruency effect are discussed.


2017 ◽  
Vol 17 (3) ◽  
pp. 160-179 ◽  
Author(s):  
Cheluchi Onyemelukwe

HIV/AIDS remains a significant public health challenge in Nigeria, with over three million persons living with the condition. Throughout the history of HIV/AIDS in Nigeria, persons living with the condition have faced stigma and discrimination in various areas including access to health services, access to education, access to employment, among others. In the past, because of lacunae in Nigerian law and jurisprudence, it has been the subject of debate whether Nigerians living with HIV/AIDS are adequately protected by law. Recent developments in legislation such as the federal HIV/AIDS Anti-Discrimination Act, 2014 and judicial decisions in 2012 and 2016 on discrimination on the basis of HIV status suggest a positive shift of the law to full protection of the rights of persons living with HIV/AIDS in Nigeria, particularly in the area of employment. This article provides an analysis of these recent developments in the law and argues that the time has come to amend the Constitution of the Federal Republic of Nigeria to include health status as a ground upon which one cannot be unduly discriminated against.


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