Questioning Nondisclosure and Coping Strategies

We had two really great, informative guest lectures this week and I am going to touch on parts of both lectures that struck me and left me thinking about marginalized populations. Lise Gotell talked to us about HIV nondisclosure and the laws surrounding it. The most recent precedent was Mabior (2012) and through this it became stated that nondisclosure can invalidate consent only if there was a significant risk of transmission. Significant risk of transmission means that condoms were not used and the individual was not taking drug treatment. However, some people have said that in situations of nondisclosure there is no consent to begin with. Lise discussed in class how this was more so stigmatizing of people with HIV and implying nobody would have sex with someone with HIV. I agree with those points and I also think there are other issues with the ideas about nondisclosure. What about individuals who cannot afford the drug therapy and what about the individuals that might be put into danger if they did disclose? As was discussed in class, women do not control the condom use of their partner. What if a man refuses to wear a condom and then contracts HIV from their partner and then wants to charge their partner for the exposure to HIV. What would result from this?

When I was thinking about what to write for this blog I looked up any Law and Order: SVU episodes that dealt with HIV and watched one called “Quickie.” Unfortunately, it completely villainized individuals with HIV and they were portrayed as vengeful people driven “mad” by HIV. Even Olivia Benson, after the criminal with HIV spits in her face, says “you trying to infect me too?” People with HIV already face enough stigmatization without popular media furthering misconceptions that were expelled many years ago.

I also wanted to touch on something that was said today in class by Shawna. When asked how she goes home at the end of the day and copes with her job she had a great response. She said, something along the lines of, “if I open my heart too much, it’ll bleed out.” That really struck me because I have been trying to figure out strategies now for myself in my future career to help with coping so I do not burn out. I think what she said is a good way to structure yourself around the types of careers where you are helping people from marginalized populations. You cannot let it get to you too much or you will not be able to do your work. Shawna also said that it helps for her to remind herself that the women she works with have resilience and agency and that they will go on without her. Her coping strategies are likely something I will carry with me and use for years to come.

“Quickie.” Law and Order: SVU. NBC. 6 Jan. 2010. Television.