HIV-KILLER: A SOCIAL CONSTRUCTIONIST ANALYSIS OF THE CRIMINALIZATION OF HIV NON-DISCLOSURE DEBATE

Abstract

Over the past decade, there has been a dramatic increase in the number of cases of criminal charges laid against those who do not disclose their HIV-positive status to their sexual partners. The criminalization of HIV non-disclosure has generated an intense debate which is the object of this analysis. Using a social constructionist framework, particularly the work of Donileen Loseke, a leading social problems theorist, and documentary data drawn primarily from the internet, my goal is to shed light on the debate. More specifically, I am concerned with definitional contests or competing constructions inherent in the debate. The dissertation is organized around three papers. The first paper explores how the condition of HIV itself is socially constructed in the debate. Claims-makers who support criminal sanctions construct the disease as deadly and devastating, while claims-makers who oppose criminalization construct HIV as chronic and manageable. The second paper explores the rhetorical strategies used by those who support criminalization to construct non-disclosers as villains. I coined the term techniques of vilification to capture these strategies. The third paper examines the rhetorical strategies used by those who oppose criminalization to neutralize the label of victim for partners of non-disclosers. As a whole, the dissertation contributes to a better understanding of social problems claims-making processes, particularly around the construction of conditions and people. The dissertation also makes contributions to ongoing discussions in the sociology of health and illness, and victimology.