NCJ Number
139576
Journal
Criminal Justice Journal Volume: 14 Issue: 1 Dated: (Summer 1992) Pages: 121-129
Date Published
1992
Length
9 pages
Annotation
This article examines the U.S. military's prosecution of "unsafe-sex" cases that involve HIV-positive soldiers and sailors.
Abstract
The armed forces have been in the forefront of the regulation of activities of HIV-positive personnel and have placed greater restrictions on such personnel than any other government institution except the prison system. The Department of Defense (DoD) began a mandatory HIV antibody testing program in the mid-1980's for all active-duty and reserve personnel as well as those seeking to enter military service. DoD excludes all new recruits who test positive and requires mandatory medical retirement of those on active duty who show any symptoms of HIV-related infection beyond lymphadenopathy. In general, the military's approach to HIV- related issues has been restrictive and often discriminatory. It is not surprising, therefore, that the armed forces have also taken a vigorous approach to the criminalization of unsafe sexual practices and other behavior thought to create a risk of HIV transmission and have prosecuted these cases with some zealousness. There has been little or no debate within the military about the adequacy of this approach or its efficacy in the prevention of the spread of AIDS. Although the DoD also mandates education about AIDS and its transmission, prosecution has apparently received greater attention than education as a means of preventing unsafe sexual behavior. This may be due to the presumption that the enforcement of military policy that screens out homosexuals and intravenous drug users, the groups presumed to be at greatest risk of HIV infection, precludes the need to educate military personnel about unsafe sexual practices. 37 footnotes