Sex workers who were previously forced to register under the Tennessee sex offender registry after convictions of “aggravated prostitution” may now apply to be removed after a settlement was reached with the ACLU.
According to Tennessee law, engaging in sex work while HIV+ is considered “aggravated prostitution.” A 1991 state law defines the act as a Class C felony, and in 2010, the act was reclassified as a “violent sexual offense.”
Anyone who is accused of sex work in Tennessee (which is a misdemeanor) that is HIV+ could be charged with “aggravated prostitution.” Under the 2010 reclassification of the offense, sex workers convicted of this crime would be forced to register their name to the state sex offender registry.
Earlier this year, the ACLU filed a law suit against the state to represent OUTMemphis and four plaintiffs who were convicted under these statutes, challenging the law on discrimination and due process grounds. Under the settlement agreement that was reached in July, anyone who was forced to register as a sex offender solely under a charge of “aggravated prostitution” will be allowed to submit a written appeal to the Tennessee Bureau of Investigation (TBI) to be removed from the registry.
In a statement to CBS News, representatives of TBI said that the agency would make “its best effort” to act on the written requests “promptly in the order in which they are received.” At least 83 people are expected to be removed from the registry, the vast majority of which are Black and transgender women who have been disproportionately affected by police targeting for sex work.
The settlement will remove “aggravated prostitution” from the list of “violent sexual offenses.” The original charge will remain intact, however, meaning this will not change the definition for “aggravated prostitution.” The charge will remain a felony in Tennessee.
Earlier this year, Republican lawmakers passed legislation that would allow for people with HIV to apply for removal from the sex offender registry. The original intent of the law was specifically meant to benefit victims of human trafficking who were forced into sex work.
At least 34 states still criminalize HIV exposure as of December 2023. According to the Movement Advancement Project, an estimated 34% of LGBTQ+ Americans live in a state that criminalizes HIV. Ten percent of those individuals live in a state that upholds HIV-specific enhancements for charges related to sex offenses.
Molly Quinn, executive director of OUTMemphis, said in a statement to CBS News: “We would not have agreed to settle if we did not feel like this was a process that would be extremely beneficial. But, we’re sad that the statute existed as long as it did and sad that there is any process at all that folks have to go through after living with this extraordinary burden of being on the sex offender registry for really an irrelevant reason.”
