The Tennessee government has agreed to remove sex workers unjustly convicted of being sex offenders due to an HIV diagnosis from the state’s sex offender registry following a settlement filed on the 17th.
The case, OUTMemphis vs. Lee, challenged the Tennessee Aggravated Prostitution statute. The statute allowed for HIV-positive sex workers to be placed on the registry regardless of transmission risk or consent. A U.S. Department of Justice lawsuit in February, civil case no. 2:24-cv-2101, raised similar issues. It was combined in the settlement on the 17th.
The ACLU’s initial complaint highlighted the statute’s failure to consider key factors such as the risk of HIV transmission, use of preventive measures, or the sexual activity involved. The law convicted sex workers without actual sexual activity or transmission risk. As it was enforced, it disproportionately affected Black and transgender women in Memphis. It is estimated to have impacted around 80+ individuals.
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The settlement mandates the removal of aggravated prostitution from the registry criteria and requires notifications to affected individuals. Although the specific claims of illegality will not be debated, the state will cover the plaintiffs’ legal fees. The General Assembly now permits those registered solely due to this statute to request termination from the Tennessee Bureau of Investigation’s registry.
“This settlement is a step towards remedying the harms of this discriminatory statute,” stated the ACLU of Tennessee. The Transgender Law Center emphasized the need for dignity and respect for all individuals, regardless of HIV status.
Despite the settlement, aggravated prostitution remains a felony, and advocates vow to continue fighting to overturn the statute.
Sources: LGBTQ Nation, KFF Health News
