The sex offender registry in Tennessee no longer includes individuals with HIV who work in the sex industry.
Approximately 83 individuals were believed to be enrolled on the registry for severe prostitution offenses.
According to the Chattanooga Times Free Press, Tennessee has agreed to remove sex workers with HIV from the sex offender registry after two lawsuits argued that the state's law did not take into account the evolving science on the spread and prevention of the disease.
For most sex workers, prostitution is a misdemeanor under the state's longstanding laws, but those who are HIV-positive face felony charges.
According to the lawsuit, eighty-three residents of the state were classified as having aggravated prostitution, which imposed restrictions on their housing, work, and relationships with minor relatives.
"The ACLU stated in an October press release that the Aggravated Prostitution statute is rooted in fear and discrimination, targeting people living with HIV for harsh punishment and forcing them to register as "violent sex offenders" for life. Criminalizing people with HIV goes against evidence-based best practices and is unlawful as it discriminates against people living with HIV, a protected disability."
Gov. Bill Lee, R-Tenn., signed a settlement that allows those wrongly on the sex offender registry to request removal through a written request, while victims of human trafficking had their aggravated prostitution records expunged earlier this year after the law was amended.
The Attorney General's Office was contacted by Planet Chronicle Digital regarding the litigation.
"The General Assembly recently modified the sex offender registry statutes to exclude aggravated prostitution as one of the offenses that necessitate registration. The plaintiffs have agreed to abandon their challenges to the registry statutes as the Tennessee Bureau of Investigation implements these amendments. The TBI has removed several registrants who were eligible for removal under the amendments and who requested to be removed. However, the litigation continues as our Office continues to defend Tennessee's prohibition of aggravated prostitution."
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