Links
Fact Sheet
Essential Facts on the Nushawn Williams Case, The Center for HIV Law and Policy (2021)
The 1997 case of Nushawn Williams, a 19-year-old Black man who was accused of having sex with younger women while he was HIV positive, sparked an extraordinary amount of media coverage—all sensationalist, typified by headlines referring to Williams as an "AIDS Monster." More than 20 years later, Williams remains confined despite the fact that he completed the sentences he received when he pleaded guilty to reckless endangerment and statutory rape in 2010.
He now has been locked up for nearly a decade more than his original maximum sentence, with no release date in sight. The reason: days before he was about to be released from prison, the New York Attorney General filed a petition to have Williams indefinitely confined at Central New York Psychiatric Center in Marcy, New York as a "dangerous sex offender" based almost entirely on the fact that he was sexually active while HIV positive.
This case marks the first and only time in New York State, and possibly the country, that a person has been civilly confined based largely on HIV status. If Nushawn had been reckless and killed someone, even with the maximum sentence for reckless homicide he would be free.
This brief fact sheet was created to provide the basic background of Williams' case, and talking points to assist advocates working to Free Nushawn.
News
Op-Ed: Use science, not stigma, to determine the next steps for Nushawn Williams
Commentary from Syracuse.com: March 16, 2021
By Dr. William M. Valenti and Anne Kelsey
Individuals committed under Article 10 are required to be provided an annual hearing each year to review their confinement. Williams had his first annual review hearing in January in Oneida County Supreme Court. We urge the Attorney General to reconsider his confinement and to take into account the remarkable improvements in HIV treatment and prevention that have occurred since Nushawn Williams was put in prison in 1999.
Nushawn Williams Served Out His HIV-Related Sentence in 2010. Why Is He Still Not Free?
News Article from TheBody.com: June 3, 2020
Nushawn Williams was four days from freedom when he received a letter in April 2010 informing him New York State officials were effectively reneging on the deal he had reached with the state 12 years earlier. Instead of walking out of Wende Correctional Facility upon satisfying the maximum time permitted by his plea agreement and re-starting his life at the age of 33, Williams remains in state custody more than 10 years after he expected to be released.
New York Court of Appeals Denies Nushawn Williams' Request for Review of Civil Commitment
December 16, 2016
On December 15, 2016, the New York Court of Appeals denied Nushawn Williams' request that it review the decision to indefinitely civilly commit him to a New York State Psychiatric Center as a dangerous sex offender based on his sexual activity with young women while living with HIV. CHLP, with the support of twelve national and state racial justice, disability, HIV and medical organizations and four individuals, had filed a brief arguing that Williams represents the only case in New York where an individual has been essentially isolated or quarantined in whole or part based on his HIV status. We also argued that singling out a person living with HIV for this kind of extraordinary treatment under the law violates the Americans with Disabilities Act. We will continue to provide legal support to Mr. Williams and are strategizing with his attorney, Mark Davison, on further steps in the case.
CHLP Files Amicus Brief Supporting Review of Nushawn Williams' Civil Commitment
September 6, 2016
CHLP filed a motion and proposed brief in support of Nushawn Williams' request that the New York Court of Appeals review the decision to indefinitely civilly commit him to a New York State Psychiatric Center as a dangerous sex offender based on his sexual activity with young women while living with HIV.
February 26, 2014
Under this order, Nushawn Williams, a man living with HIV, was declared a Dangerous Sex Offender requiring confinement under New York State Mental Hygiene Law § 10.03(i). At a hearing, the state’s expert witness testified that Williams was diagnosed with anti-social personality disorder, psychopathy, and poly-substance abuse. Further testimony noted that he had a moderately high risk of reoffending. An expert witness specializing on HIV testified about the risks and consequences of HIV transmission. The judge nonetheless found that Williams was a dangerous sex offender requiring confinement, in part, based on his HIV status.
The Unconscionable Confinement of Nushawn Williams
June 10, 2013
Nushawn Williams was supposed to be freed from prison three years ago upon completing his sentence, but he remains incarcerated pending a civil commitment trial to determine if his sexual history and HIV status should earn him indefinite civil commitment as a dangerous sex offender. The Buffalo News reported on June 8, 2013, that civil liberties and HIV advocacy groups are troubled by New York's civil confinement policy. As Catherine Hanssens, the Executive Director of The Center for HIV Law & Policy, noted in the article: "This application of the law is informed by grossly outdated misunderstandings of HIV."
BLOG
May 16, 2018
A blog by Davina Conner (Pozitively Dee) is an HIV advocate, activist, vlogger, and blogger who hosts a live streamed podcast show called “Pozitively Dee Discussion Podcast ” on https://www.facebook.com/PozitivelyDeesDiscussion/