Sexual grievances, HIV transmission and the law : the unintended effects of social movement mobilisation around sexuality and justice

In this chapter the author provides an account of the early policy responses to HIV/AIDS in Australia. One of the key aims was to 'contain' the epidemic to those sub-populations or groups which had already been affected, but this policy response was not about blame, it was a pragmatic response in the emerging epidemic. Furthermore, the most important aspect of this response included strategies of community-building and developing trust between government, medicine and the communities and groups affected, especially with the gay communities. Political, community and health sector support was also part of this pragmatic approach. The author notes that over the period of the epidemic in Australia legal processing of the issue of transmission is extraordinary and does not sit with the earlier, successful approaches. This shift may be a result of social movement activities around victimisation and criminal justice" including sexual attacks on women and hate crimes directed against gay men" that have given a new personal confidence in reporting a range of grievances to state authorities. The current trend toward criminalisation is divisive. A fresh dichotomy of guilty and innocent victims in media and public consciousness may spill over into legal discourse and rulings. This has the potential to seriously undermine a collective project of developing 'ethical sex' practices that can underscore and support safer sex as a cornerstone of HIV prevention.