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Criminal Law, Policing Policy, and HIV Risk in Female Street Sex Workers and Injection Drug Users

Published online by Cambridge University Press:  01 January 2021

Kim M. Blankenship  and
Stephen Koester
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Extract

In public health and the social sciences, there is growing recognition of the role that social context plays in determining health. Frequently, social relations of inequality are among the most important features of social context identified in this work, and emphasis is placed on identifying and addressing these inequalities in order to improve health. Within the field of HIV/AIDS prevention as well, researchers have begun to look beyond individuals for an understanding of the structural causes of HIV-related risk. This research demands that greater attention be paid to the social mechanisms and contextual factors that lead to HIV risk. Among these factors are law and social policy, which form a part of the context in which risk-taking occurs and which can promote both HIV transmission and prevention. On the one hand, laws limiting access to sterile injection equipment have contributed to HIV-related risk behavioxs among injection drug users (IDUS).

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Article
Information
Journal of Law, Medicine & Ethics , Volume 30 , Issue 4 , Winter 2002 , pp. 548 - 559
Copyright
Copyright © American Society of Law, Medicine and Ethics 2002

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References

Link, B. and Phelan, M.J., “Social Conditions as Fundamental Causes of Disease,” Journal of Health & Social Behavior, 38 (Extra Issue) (1995): 80–94; Rose, G., “Sick Individuals and Sick Populations,” International Journal of Epidemiology, 14 (1985): 32–38; Susser, M. and Susser, E., “Choosing a Future for Epidemiology: I. Eras and Paradigms,” American Journal of Public Health, 86 (1996): 668–73; Pierce, N., “Traditional Epidemiology, Modern Epidemiology, and Public Health,” American Journal of Public Health, 86 (1996): 678–83; Blankenship, K.M. Bray, S.J., and Merson, M.H., “Structural Interventions in Public Health,” AIDS, 14, suppl. 1 (2000): Sll–21; Marks, G. Burris, S., and Peterman, T., “Reducing Sexual Transmission from Those Who Know They Are Infected: The Need for Personal and Collective Responsibility,” AIDS, 13 (1999): 297–306.CrossRefGoogle Scholar
Friedman, S.R. et al., “Society, Drug Injectors, and AIDS,” Journal of Health Care for the Poor and Underserved, 3, no. 1 (1992): 73–89; Worth, D., “Sexual Decision-Making and AIDS: Why Condom Promotion Among Vulnerable Women Is Likely to Fail,” Studies in Family Planning, 20 (1989): 297–307; Amaro, H., “Love, Sex and Power: Considering Women’s Realities in HIV Prevention,” American Psychologist, 50 (1995): 437–47; Lester, B., “The Social Context of HIV Transmission in the African-American Community,” Ethnicity & Disease, 3 (1993): 387–94; Blankenship, K.M., “HIV and Street Working Women: Social Context and HIV-Related Risk Behavior,” paper presented at HIV in Women Conference: Setting a New Agenda, Washington, D.C., February 22–24, 1995; Gillies, P. Tolley, K., and Wolstenholme, J., “Is AIDS a Disease of Poverty?,” AIDS Care, 8 (1996): 351–63; Ouellet, L.J. et al., “Shooting Galleries and HIV Disease: Variations in Places for Injecting Illicit Drugs,” Crime and Delinquency, 37 (1991): 64–85; Zierler, S. and Krieger, N., “Refraining Women’s Risk: Social Inequalities and HIV Infection,” Annual Review of Public Health, 18 (1997): 401–36; Waterston, A., “Anthropological Research and the Politics of HIV Prevention: Towards a Critique of Policy and Priorities in the Age of AIDS,” Social Science & Medicine, 44 (1997): 1381–91.CrossRefGoogle Scholar
Bluthenthal, R.N. et al., “Drug Paraphernalia Laws and Injection-Related Infectious Disease Risk Among Drug Injectors,” Journal of Drug Issues, 29, no. 1 (1999): 1–16; Des Jarlais, D.C. and Friedman, S.R., “Fifteen Years of Research on Preventing HIV Infection Among Injecting Drug Users: What We Have Learned, What We Have Not Learned, What We Have Done, What We Have Not Done,” Public Health Reports, 113, suppl. 1 (1998): 182–88; Koester, S.K., “Copping, Running, and Paraphernalia Laws: Contextual Variables and Needle Risk Behaviors Among Injection Drug Users in Denver,” Human Organization, 53 (1994): 287–95; Heimer, R. et al., “Evaluating A Needle Exchange Program in a Small City: Models for Testing HIV-1 Risk Reduction,” International Journal of Drug Policy, 7 (1996): 123–29; Friedman, S.R. Perlis, T., and Des Jarlais, D.C., “Laws Prohibiting Over-the-Counter Syringe Sales to Injection Drug Users: Relations to Population Density, HIV Prevalence, and HIV Incidence,” American Journal of Public Health, 91 (2001): 791–93.CrossRefGoogle Scholar
Mann, J.M., “AIDS and Human Rights: Where Do We Go From Here?,” in Mann, J.M., ed., Health and Human Rights: A Reader (New York: Routledge, 1999); Gollub, E.L., “Human Rights Is a U.S. Problem, Too: The Case of Women and HIV,” American Journal of Public Health, 89 (1999): 1479–82.Google Scholar
Burris, S., “Driving the Epidemic Underground? A New Look at Law and the Social Risk of HIV Testing,” AIDS & Public Policy Journal, 12 (1997): 66–78; Burris, S., “Law and the Social Risk of Health Care: Lessons from HIV Testing,” Albany Law Review, 61 (1998): 831–95.Google Scholar
Des Jarlais, D.C. et al., “Regulating Controversial Programs for Unpopular People: Methadone Maintenance and Syringe Exchange Programs,” American Journal of Public Health, 85 (1995): 1577–84; Jarlais, Des and Friedman, , supra note 3.CrossRefGoogle Scholar
Grund, J.P. Kaplan, C.D., and Adriaans, N.F., “Needle Sharing in the Netherlands: An Ethnographic Analysis,” American Journal of Public Health, 81 (1991): 1602–07; Jose, B. et al., “Syringe-Mediated Drug Sharing (Backloading): A New Risk Factor Among Injecting Drug Users,” AIDS, 7 (1993): 1653–60; Koester, S. Booth, R.E., and Wiebel, W., “The Risk of HIV Transmission from Sharing Water, Drug Mixing Containers and Cotton Filters Among Intravenous Drug Users,” International Journal of Drug Policy, 1 (1990): 28–30; Koester, ,supra note 3; Koester, S.K. and Hoffer, L., “Indirect Sharing: Additional HIV Risks Associated with Drug Injection,” AIDS and Public Policy Journal, 9, no. 2 (1994): 100–05; Shah, S. et al., “Detection of HIV-1 DNA in Needles/Syringes, Paraphernalia, and Washes from Shooting Galleries in Miami: A Preliminary Laboratory Report,” Journal of Acquired Immune Deficiency Syndrome and Human Retrovirology, 11 (1996): 301–06; Hagan, H. et al., “Sharing of Drug Paraphernalia Equipment as a Risk Factor for Hepatitis C,” American Journal of Public Health, 91 (2001): 42–46. Thorpe, L.E. et al., “Risk of Hepatitis C Virus Infection Among Young Adult Injection Drug Users Who Share Injection Equipment,” American Journal of Epidemiology, 155 (2002): 645–53.CrossRefGoogle Scholar
Estebanez, P. Fitch, K., and Najera, R., “HIV and Female Sex Workers,” Bulletin of the World Health Organization, 71 (1993): 397–412; Astemborski, J. et al., “The Trading of Sex for Drugs or Money and HIV Seropositivity Among Female Intravenous Drug Users,” American Journal of Public Health, 84 (1994): 382–87; Paone, D. et al., “HIV Risk Behaviors of Current Sex Workers Attending Syringe Exchange: The Experiences of Women in Five U.S. Cities,” AIDS Care, 11 (1999): 269–80.Google Scholar
Jarlais, Des and Friedman, , supra note 3, at 184–85.Google Scholar
Qualitative Solutions and Research Pty. Ltd., QSR NUD*IST 4.0: Software for Qualitative Data Analysis (Melbourne: Qualitative Solutions and Research Pty. Ltd., 1997).Google Scholar
Alexander, P., “Sex Workers Fight Against AIDS: An International Perspective,” in Schneider, B.E. and Stoller, N.E., eds., Women Resisting AIDS: Feminist Strategies of Empowerment (Philadelphia: Temple University Press, 1995): at 120.Google Scholar
Estebanez, Fitch, , and Najera, , supra note 8; Dorfman, L.E. Derish, P.A., and Cohen, J.B., “Hey Girlfriend: An Evaluation of AIDS Prevention Among Women in the Sex Industry,” Health Education Quarterly, 19 (1992): 25–40; Alexander, , supra note 11, at 99–123.Google Scholar
Mayko, M.P., “Judge Bars Arrest of Drug Users with Up to 30 Needles,” Connecticut Post, January 19, 2001.Google Scholar
Schneider, C.L., “Racism, Drug Policy, and AIDS,” Political Science Quarterly, 113 (1998): 427–47.CrossRefGoogle Scholar
Latkin, C. et al., “My Place, Your Place, and No Place: Behavior Settings as a Risk Factor for HIV-Related Injection Practices of Drug Users in Baltimore, Maryland,” Journal of Community Psychology, 22 (1994): 415–30; Battjes, R.J. et al., “HIV Risk Factors Among Injecting Drug Users in Five U.S. Cities,” AIDS, 8 (1994): 681–87; Des Jarlais, D.C., “The First and Second Decade of AIDS Among Injecting Drug Users,” British Journal of Addiction, 87 (1992): 347–53; Chitwood, D. et al., “HIV Seropositivity of Needles from Shooting Galleries in South Florida,” American Journal of Public Health, 80 (1990): 150–52.CrossRefGoogle Scholar
Bluthenthal, R.N., “Race, Poverty, and Disease: HIV/AIDS Among African-American Injection Drug Users in the San Francisco Bay Area,” Dissertation Abstracts International. Section A: The Humanities and Social Sciences, 60 (1999): 893–A.Google Scholar
Grund, Kaplan, and Adriaans, , supra note 7; Jose, et al., supra note 7; Koester, Booth, , and Wiebel, , supra note 7; Koester, S. Booth, R.E., and Zhang, Y., “The Prevalence of Additional Injection-Related HIV Risk Behaviors Among Injection Drug Users,” Journal of Acquired Immune Deficiency Syndrome and Human Retrovirology, 12 (1996): 202–07; Koester, and Hoffer, , supra note 7; McCoy, B. et al., “Parenteral Transmission of HIV Among Injection Drug Users: Assessing the Frequency of Multiperson Use of Needles, Syringes, Cookers, Cotton and Water,” Journal of Acquired Immune Deficiency Syndrome and Human Retrovirology, 18, suppl. (1998): S25–29; Shah, et al., supra note 7.Google Scholar
Friedman, et al., supra note 2; Sufian, M. et al., “Organizing as a New Approach to AIDS Risk Reduction for Intravenous Drug Users,” Journal of Addictive Diseases, 10 (1991): 89–98; Maher, L., “Hidden in the Light: Occupational Norms Among Crack-Using Street Level Sex Workers,” Journal of Drug Issues, 26, no. 1 (1996): 143–73; Alexander, , supra note 11.Google Scholar
Dorfman, Derish, , and Cohen, , supra note 12; Alexander, , supra note 11.Google Scholar
Hoffman, J.P. Su, S.S., and Pach, A., “Changes in Network Characteristics and HIV Risk Behaviors Among Injection Drug Users,” Alcohol and Drug Dependence, 46 (1997): 41–51; Neaigus, A. et al., “Using Dyadic Data for a Network Analysis of HIV Infection and Risk Behaviors Among Injecting Drug Users,” in Needle, R.H. et al., eds., Social Networks, Drug Abuse, and HIV Transmission, NIDA Research Monograph 151 (Rockville: Department of Health and Human Services, 1995).CrossRefGoogle Scholar
For example, Wallace, R., “A Synergism of Plagues: ‘Planned Shrinkage,’ Contagious Housing Destruction, and AIDS in the Bronx,” Environmental Research, 47, no. 1 (1988): 1–33.CrossRefGoogle Scholar
Kimerling, R. Armistead, L., and Forehand, R., “Victimization Experiences and HIV Infection in Women: Associations with Serostatus, Psychological Symptoms, and Health Status,” Journal of Traumatic Stress, 12 (1999): 41–58; Maman, S. et al., “The Intersections of HIV and Violence: Directions for Future Research and Interventions,” Social Science & Medicine, 50 (2000): 459–78.CrossRefGoogle Scholar
Inciardi, J.A. and Lockwood, D., “Drug Use in Prison: Patterns, Processes, and Implications for Treatment,” Journal of Drug Issues, 23, no. 1 (1993): 119–30; Wohl, A.R. et al., “High-Risk Behaviors During Incarceration in African-American Men Treated for HIV at Three Los Angeles Public Medical Centers,” Journal of Acquired Immune Deficiency Syndromes, 24 (2000): 386-92.CrossRefGoogle Scholar
Greenhouse, L., “Justices Rule Drug-Eviction Law Is Fair,” New York Times, March 26, 2002, available at <http://www.cannabisnews.com/news/thread12370.shtml>..>Google Scholar
Paris, N.M. East, R.T., and Toomey, K.E., “HIV Seroprevalence Among Atlanta’s Homeless,” Journal of Health Care for the Poor and Underserved, 7 (1996): 83–93; Magura, S. et al., “Substance Misuse and Related Infectious Diseases in a Soup Kitchen Population,” Substance Use & Misuse, 35 (2000): 551–83; Smereck, G.A. and Hockman, E.M., “Prevalence of HIV Infection and HIV Risk Behaviors Associated with Living Place: On-the-Street Homeless Drug Users as a Special Target Population for Public Health Intervention,” American Journal of Drug & Alcohol Abuse, 24 (1998): 299–319; Allen, D.M. et al., “HIV Infection Among Homeless Adults and Runaway Youth, United States, 1989–1992,” AIDS, 8 (1994): 1593–98; Wiebel, W. et al., “Risk of HIV Infection Among Homeless IV Drug Users (IVDUs) in Chicago,” Abstract No. M.A.P. 50, V International Conference on AIDS, Montreal, June 4–9,1989 (1989): 4–9.CrossRefGoogle Scholar
St. Lawrence, J. and Brasfield, T., “HIV Risk Behavior Among Homeless Adults,” AIDS Education and Prevention, 7 (1995): 22–31; Johnson, T.P. et al., “Self-Reported Risk Factors for AIDS Among Homeless Youth,” AIDS Education and Prevention, 8 (1996): 308–22; Robertson, M.J. Koegel, P., and Grella, C., “Homeless Adolescents in Hollywood: High Risk Behaviors for HIV Exposure,” Abstract No. S.C. 570, VI International Conference on AIDS, San Francisco, June 20–23, 1990 (1990): 20–23; Kipke, M.D. et al., “Drug Use, Needle Sharing and HIV Risk Among Injection Drug-Using Street Youth,” Substance Use & Misuse, 31 (1996):1167–87.Google Scholar
Beardsley, M. et al., “Homelessness and HIV Risk Behaviors in a Sample of New York City Drug Injectors,” AIDS and Public Policy Journal, 7 (1992): 162–69.Google Scholar
Schwartz, H., “Why Losing Food Stamps Is Now Part of the War on Drugs,” Los Angeles Times, June 6, 1999.Google Scholar
Hoffman, Su, , and Pach, , supra note 20; Neaigus, et al., supra note 20.Google Scholar
Alexander, P., “Prostitution: Still a Difficult Issue for Feminists,” in Delacoste, F. and Alexander, P., eds., Sex Work: Writings by Women in the Sex Industry (San Francisco: Clei Press, 1998): at 222–27.Google Scholar
Id. at 227.Google Scholar