HIV-positive people who were convicted in Tennessee of sex work under a decades-old aggravated prostitution law will no longer be required to face a lifetime registration as a “violent sex offender” under a lawsuit settlement finalized last week.
Last year, LGBTQ+ and civil rights advocates filed a federal lawsuit challenging the Volunteer State’s aggravated prostitution statute, arguing that the law was enacted in response to the AIDS scare and discriminated against HIV-positive people.
That challenge was settled this week, with Gov. Bill Lee and others signing off on the agreement.
Critics have long pointed out that Tennessee was the only state in the United States that imposed a lifetime registration as a “violent sex offender” upon conviction of engaging in sex work while living with HIV, regardless of whether or not the person knew they could transmit the disease.
The Tennessee Legislature first enacted its aggravated prostitution statute in 1991 — as the AIDS epidemic provoked panic and misinformation over prevention was prevalent. The law was later reclassified in 2010 as a “violent sexual offense,” requiring those convicted to face lifetime sex offender registration.
According to the settlement, the Tennessee Bureau of Investigation has agreed to begin the process of alerting people that they can be removed from the sex offender list who were on it because of convictions for aggravated prostitution.
However, attorneys representing the plaintiffs in the case vowed that the legal challenge was not over.
“This settlement is one step towards remedying those harms by addressing the sex offender registration,” said attorneys from the American Civil Liberties Union and the Transgender Law Center in a statement. “However, as aggravated prostitution remains a felony, our legal team will continue to fight to overturn this statute and ensure that no one in Tennessee is criminalized based on their health status.”
The four plaintiffs in the complaint, all named Jane Doe, were all convicted of aggravated prostitution in Tennessee at least once and have since faced challenges from having to register as violent sex offenders. One plaintiff reported being harassed after her neighbor discovered her HIV status on the registry list. Another plaintiff struggled for years to find housing that complies with Tennessee’s sex offender registry requirements.
According to the initial lawsuit, 83 people were registered for aggravated prostitution in Tennessee. The majority of those convictions took place in Shelby County, which encompasses Memphis.
The Tennessee Legislature tweaked the law earlier this year, notably by allowing those who were victims of human trafficking to get their records expunged if convicted of aggravated prostitution.
Attorney General spokesperson Amy Wilhite said in a statement that the TBI has since removed “multiple registrants” because of those changes.
“The litigation is ongoing, though, as our Office continues to defend Tennessee’s prohibition of aggravated prostitution,” she said.
Separately, the U.S. Department of Justice filed a separate lawsuit suing the state over its aggravated prostitution law earlier this year, specifically naming Shelby County District Attorney Steve Mulroy in its challenge. The parties have since settled, with the district attorney agreeing not to prosecute individuals under the aggravated prostitution law that carries the automatic designation as a lifetime violent sex offender. Those convicted under the law would also be eligible to get their convictions vacated.
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