Action Against HIV Hate
posted: 21/05/2010
People with HIV now have the same protection as other victims of disability hate crime. The Crown Prosecution Service has updated its official guidance on disability hate crime, and has now added HIV. This official guidance is used by prosecutors and police.
Disability hate crime means anything from HIV abuse in the street, to a burglary where someone spray paints HIV abuse on your kitchen wall. Any crime where HIV hate plays some part is a HIV hate crime. Sentences are then increased for the HIV-hate part of the main crime – which is the one that's prosecuted : insulting behaviour, harassment, burglary etc.
Unprotected?
Until HIV was added to this official guidance, it was unclear whether the legal definition of disability used for hate crime cases included everyone with HIV. It looked like many people with HIV were unprotected from disability hate crime.
There seemed to be a loophole in disability protection for people with HIV. When disability hate crime was made illegal, this was at a time when some people with HIV were not treated by the law as ‘disabled’ and therefore had no legal protection. Later disability law was extended to cover everyone with HIV from the moment of diagnosis. But the CPS guidance ignored this law change.
Evidence for change
George House Trust and other HIV organisations champion the fair treatment and protection of all people with HIV and NAT has led the national campaign since 2008. Working with the Equality and Human Rights Commission, NAT told the CPS that their disability hate crime guidance excluded people living with HIV and provided the evidence to back it up.
A serious case of assault in Manchester, where the HIV hate was ignored in the sentencing by the court was one example of the problems.
The reality of HIV stigma means it is vitally important that people living with HIV receive the same protection as other disabled people. The CPS revised their guidance, making it clear that people living with HIV are included within the definition of disability.
Deborah Jack, Chief Executive of NAT, commented: “The publication of this revised guidance brings to an end the legal disadvantage faced by people living with HIV who are victims of hate crime. By issuing this statement, the CPS has sent out a clear message that HIV-related hate crime will not be tolerated.”
Nadine Tilbury, Senior Legal Advisor for the CPS, said: “The assistance of the NAT in providing data and expertise during our review of our legal guidelines on prosecuting cases of disability hate crime was invaluable. We welcome all such help from organisations and individuals and, where it makes a clear case for change or clarification, we will act on it. Crimes against people living with HIV which are motivated by hostility towards their status have no place in our society and we will prosecute those responsible robustly and, where there is sufficient evidence to do so, we will apply to the court for more severe sentences.”
What the change means
If a person is a victim of crime because of their HIV status, this can now be considered an aggravating factor by the courts, leading to enhanced sentences for the perpetrators of such crimes.
NAT will now be working with organisations that support people living with HIV to ensure they are aware of this recent development and can support people living with HIV that are victims of hate crime.
People living in NW England are encouraged to contact our services team for advice and support.
Permalink