Tennessee has decided to eliminate sex workers living with HIV from the sex offender registry following two lawsuits that contended the state’s legal framework was outdated in light of recent scientific advancements regarding the transmission and prevention of the virus, as reported by the Chattanooga Times Free Press.
For decades, the state’s laws considered prostitution a misdemeanor for most sex workers, but classified it as a felony for individuals who were HIV-positive.
The lawsuit indicated that eighty-three state residents were listed on the registry for aggravated prostitution, which imposed significant restrictions on their housing, employment, and relationships with minor relatives.
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“The plaintiffs argue that the Aggravated Prostitution statute is founded on fear and discrimination, unfairly targeting individuals living with HIV with severe penalties and requiring them to register as ‘violent sex offenders’ for life,” stated the ACLU in an October press release upon initiating the legal action. “Criminalizing individuals with HIV violates established best practices and is clearly illegal as it unjustly singles out those living with HIV — a protected disability — for more severe punishment.”
Governor Bill Lee, R-Tenn., has signed a settlement that stipulates the Tennessee Bureau of Investigation will notify those misclassified on the sex offender registry that they may submit a written request for removal. Additionally, victims of human trafficking had the chance to have their aggravated prostitution records expunged earlier this year due to recent legislative changes.
Tennessee Gov. Bill Lee speaks on stage on the second day of the Republican National Convention at the Fiserv Forum on July 16, 2024 in Milwaukee, Wisconsin. (Photo by Andrew Harnik/Getty Images)
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Fox News Digital reached out to the Attorney General’s Office for updates on the litigation.
“Recently, the General Assembly revised the sex offender registry laws to exclude aggravated prostitution from the offenses requiring registration,” stated Amy Lannom Wilhite, the Director of Communications, to Fox News. “The plaintiffs have consented to withdraw their challenges to the registry laws as the Tennessee Bureau of Investigation enacts these changes. The TBI has already removed several registrants who were eligible for removal due to the amendments and who requested such action. However, the litigation remains active as our Office continues to uphold Tennessee’s ban on aggravated prostitution.”
