Punishing HIV positive women: More on Quinta Layin Tuleh

Last week, I wrote about Quinta Layin Tuleh – a 28 year old woman from Cameroon sentenced to 238 days in federal prison because she is HIV positive and pregnant.
Today, Margo Kaplan from the Center for HIV Law and Policy has a piece on RH Reality Check analyzing just how terrible the judge’s decision was.

Judge Woodcock’s decision ignores the complex factors involved in a pregnant woman’s medical treatment decisions – as through being HIV positive makes one incapable of reasonable decision-making – and glibly equates being HIV-positive and pregnant with committing a crime. When reading the sentence, he makes clear that his sole reason for keeping Tuleh in prison was that she was HIV-positive and pregnant, and that, had she been pregnant and not HIV-positive, he would release her with time served. He reasons that he could keep Tuleh in jail “to protect the public from [her] further crimes.”
…While some states do, indeed, criminalize HIV exposure, Judge Woodcock does more than this – he imprisons a woman for the mere possibility that she might transmit HIV in the future. His reasoning essentially criminalizes being HIV-positive and allows the state to jail anyone with HIV simply because they have HIV and are capable of transmitting it to another. It classifies anyone with HIV as a threat to society who can be incarcerated at the whim of the state to protect public health.

Make sure to check out the whole piece, Kaplan does a great job linking the paternalism, discrimination and misogyny that are so rife in this case.

Join the Conversation

dean-at-spelman-college-allegedly-told-student-to-give-her-rapists-a-pass-1462383842

Dear Betsy DeVos: Fighting for Survivors of Sexual Violence Is a Racial Justice Fight

For the past few months, I’ve seen several articles — almost exclusively written by white women — arguing that we shouldn’t enforce Title IX protections for survivors of sexual assault because the authors believe Black men are more likely to be accused. The narrative has been picked up by numerous media outlets and used by Education Secretary Betsy DeVos to strip protections for survivors.

The idea that survivors’ rights are a threat to Black men leaves a bad taste in my mouth.

Let me be clear: that’s not because I’m not worried about race discrimination in school discipline. We have no data to support the argument that Black men are more likely to be accused of or ...

For the past few months, I’ve seen several articles — almost exclusively written by white women — arguing that we shouldn’t enforce Title IX protections for survivors of sexual assault because the authors ...