ACT UP Reacts To Uncle Poodle Story

Earlier this week investigative reporter Todd Heywood raised questions about Here Comes Honey Boo Boo cast member Lee Thompson (known on the show as Uncle Poodle), who claims to have had a former boyfriend sent to prison for five years for infecting him with HIV.

Today ACT UP responded to the story via press release.

While it's unfortunate that Thompson became HIV+, pressing charges against his ex-boyfriend in criminal court makes it sound like he was solely responsible for Thompson's infection and therefore is criminal for mishandling that responsibility.  Sex between consenting adults is a shared decision, and the responsibility for protection against disease should not be borne by one person (ie the HIV+ person). Placing sole responsibility on one person undermines the reality that every person should take responsibility for his/her own sexual health.

Criminal outcomes like this don't encourage people to get tested and know their status. They further marginalize a community that's already misrepresented in the media. While it's morally right to know and disclose your status to your partners, status and disclosure can't effectively be legislated in a court. Increasing sex education and access to testing will help create an environment where people want to know and disclose their HIV status instead of fearing legal retribution for it.

Currently, US Congressman Barbara Lee has sponsored a bill called the Repeal HIV Discrimination Act that would require a review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses. This bill will go a long way toward rectifying the outdated practices of criminalizing those with HIV and handing down severe sentences based on outdated information about the virus.

Is Uncle Poodle Lying About Sending His HIV+ Former Boyfriend To Prison?

Last week the gay blogosphere erupted into divisive discussions upon the news that Here Comes Honey Boo Boo cast member Lee Thompson (who is known on the show as Uncle Poodle) is claiming that he had his former boyfriend charged with HIV transmission and sent to prison for five years after learning that he himself is HIV-positive in May of last year.  Thompson's story raised red flags for American Independent investigative reporter Todd Heywood, who closely tracks HIV criminalization cases nationwide.

Today Heywood writes on his blog, Viral Apartheid:

Because Thompson does not name the ex-boyfriend, and entertainment blogs about the show and Thompson are mum on the identity of the ex-boyfriend, I spent the last week calling district attorneys and law enforcement in Georgia and Alabama trying to find out where this prosecution happened. Not a single district attorney or law enforcement official I spoke with could find a case to match the facts presented by Thompson, nor could they find a case in which Thompson was the named defendant.

Does that mean Thompson lied? Not necessarily, but it does raise serious questions. First, Thompson lives in Alabama, where, according to Lambda Legal, transmission of HIV is a Class C Misdemeanor punishable by no more than 90 days in jail and/or a $500 fine. Lambda reports Georgia’s law is a felony punishable by up to 10 years in prison. It is unclear where Thompson lived in May of 2012, so I inquired with law enforcement and district attorneys in both states and in every county I could identify as linked to the show and Thompson’s family. It is conceivable that Thompson’s case was adjudicated in another county in Georgia, but very, very unlikely that case was conducted in Alabama.

Heywood also has a problem with Thompson's timeline:

Thompson indicates that by Jan. 10, 2013 (when the interview was published on Fenuxe) that his ex-partner had been investigated, charged, adjudicated and sentenced. Presuming for a moment that he tested positive on May 1, 2012, that means the entire criminal justice process was completed in 7 months. That just doesn’t fit with the most recent statistics related to time from arrest to sentencing from the U.S. Department of Justice.

Heywood adds that publicists for the show have refused to comment on the story. In a phone call to me last week, Heywood also pointed out that Here Comes Honey Boo Boo has been nominated for a 2013 GLAAD Media Award.

Read Todd Heywood's full article.

DISCLOSURE: Heywood is an acquaintance of mine and was my hotel roommate at last year's Netroots Nation convention in Rhode Island.