She was unjustly charged with a crime for living with HIV and forced to register as a sex offender. Hear Lashanda Salinas’s heartbreaking and brave story.
The following is a transcript of the conversation between Karl and Lashanda.
LASHANDA
You got the wrong person. I’ve never done anything to a child. How are you gonna accuse me of this?
KARL
Hello there. Welcome to “+ Talk” on Plus Life, where we’re all about turning positive into a plus. And boy, do I have a story that is horrific, but has such a happy ending for you guys today. And to share in that story, because it’s her story, Lashanda Salinas. Good to see you, Lashanda.
LASHANDA
Good to see you too. How are you?
KARL
I’m doing great.
LASHANDA
Great.
KARL
Thank you for being here. Let’s kind of give your life story, or your HIV life story journey in a nutshell as quickly as we can because, it’s a big one, but it’s an important one. We’re talking about HIV criminalization and sex offender list.
LASHANDA
Correct.
KARL
Tell me your story.
LASHANDA
My story began in 2006. I met a gentleman, told him I was HIV positive. He was okay with it. We had a relationship. We broke up mutually, and I thought everything was okay. We’re going on with our life. Well, on December 24th, two police officers walked into my job and told me they had an arrest warrant for me because my boyfriend told them that I did not tell him I was HIV positive. So, I went to jail. I was in there two days shy of two months. I got out with three years probation, made it to my father’s funeral the next day. Got on probation, I had to get it transferred.
KARL
You took a plea deal, right?
LASHANDA
I did take a plea deal.
KARL
That was part of how, because your father passed while you were in prison, and in order to be able to attend his, you know, celebration of life and funeral, your hands were a little bit tied. You had to take a plea deal.
LASHANDA
Yes, I did take that plea. I could have got a furlough, which that was granted, but I would have to leave and come back to the jail. I would’ve been under the supervision of my sister. So when that deal come about and she told me I could get out that day, I took that plea. What I didn’t know was, and the judge did not tell me, nor did my public defender, that I was gonna have to register as a sex offender. I didn’t know that until about three months later when my probation officer told me that I had 24 hours to go register as a sex offender.
KARL
What is the reaction when they tell you this?
LASHANDA
You got the wrong person. I’ve never done anything to a child. How are you gonna accuse me of this? And she tells me, “Under Tennessee code 3919109, it is required that if you are charged with criminal exposure to HIV, you will be on the sex offender registry for the rest of your life.”
KARL
What goes through your mind in that moment?
LASHANDA
What the hell is going on? Yeah, because, you know, for one, I’m not a sex offender. I found out the horrible things you had to do as a sex offender. I could not live within a thousand feet of a school. And because there was a school on the next street, my probation officer, she had to go and track how far that was. And if it was in a thousand feet, I had to move. I couldn’t be within a thousand feet of a school, a park, library, anything.
KARL
Like, what happens when you go grocery shopping?
LASHANDA
If I’m in one aisle and that child comes in that aisle, I have to go across the store, and hope and pray when I go back to that aisle that child is not there, because that’s a violation.
KARL
How do you live your life like that, Lashanda?
LASHANDA
In a nutshell, like a hermit crab. I was scared to go out because I didn’t wanna mess up. I was always looking over my shoulder to make sure I’m doing everything correct, and it was horrible.
KARL
And this is all because your word against your exboyfriend’s word that you didn’t disclose. And we should point out, by the way, you were diagnosed HIV positive, I think, when you were 16, and you found out because you went to donate blood. That’s how you found out?
LASHANDA
Yes.
KARL
But you’ve got on medication, and you were undetectable at this time.
LASHANDA
Yes, sir.
KARL
Which we know means there is zero risk to your sexual partner.
LASHANDA
Correct.
KARL
So, zero risk to him, but breakups happen and people can, you know, can get, I guess, emotional and do crazy things. He went to the police, and now you are a registered sex offender. And in reading your story, I was shocked to hear that you have to pay to be on the sex It’s not bad enough that they’ve put you on the sex offender list for life, you have to pay for the privilege.
LASHANDA
Yes, sir, it’s $150 every year. I added that up at one point in time, and it was $65,000. Do you know what I could have done with that? I could have had a house or a car.
KARL
Forget the money side of it, just the emotional side. I mean, you have an extended family, there are children. Tell me about how this has affected your relationship with nieces, nephews, Wow.
LASHANDA
Cousins, et cetera.
That’s a hard situation. When I got charged with this crime, my cousin was two years old. I have not seen him in, well, at that point I had not seen him in 16 years. 16.
KARL
I should point out that you are, and you mentioned it, you’re living in the state of Tennessee. Obviously, different states in this country do have different laws and rules in place. But we know that, unfortunately, in a lot of the United States, HIV is still criminalized. And furthermore, they don’t even need to prove any kind of, whether you even had sex or not, or intent to convict you, right?
LASHANDA
Correct, it was just at the point, you know, us just having sex, you know. With that, that gave every, to them, and in Tennessee, that gave them every right to convict them, or, to convict me.
KARL
And it’s interesting because, you know, we talk about, well, it becomes your word against your partner’s word. And I saw that in the state of Tennessee there are currently 150 people on the Tennessee sex offender list because of this HIV criminalization. And, disproportionately affect women of color.
LASHANDA
Yes, sir.
KARL
So, how does that affect how you have future relationships with people? And disclosing?
LASHANDA
As of now, I have what you call an HIV disclosure and acknowledgement paper. And what that says is basically, you know, that I’m HIV positive, and if anything was to happen like a breakup or anything, you cannot go and file charges against me. Not only that, I send it in a text message and I screenshot it. Not only that, I get on video with them and pretty much, you know, like the disclosure agreement, tell them, “Well, you know that I’m HIV positive, and you are okay with it. And if something was to happen, you cannot file charges against me.”
KARL
Pretty sexy stuff.
LASHANDA
Pretty scary stuff.
KARL
Well, it is scary. But, I mean, what a horrible thing that any potential partner, or person that you are trying to just get to know. You’re just trying to love. You’re just trying to be a normal human being who wants to find somebody that they can be close to and intimate with and love, and you have to go through this checklist every time. Not only is it uncomfortable, but the emotional drain on that. There’s gotta be.
LASHANDA
It is, and it’s always, you know, with HIV, there’s stigma around that, and people still treat it like we’re in the 1980s or the 1900s, and, you know, with U equals U, you can’t transmit it. But people that are not educated, they don’t understand that. So in that conversation, I have to break that down to them so where they can understand what’s going on, and that is draining.
KARL
How do you think these criminalization laws, and in particular this having to be put on the sex offenders list, how do you think that fuels HIV infection rates and increases the stigma, versus if we got rid of these ridiculous laws? How do you see it, you know, doing more damage than good?
LASHANDA
It does more damage because, first of all, people are scared to get tested. And that’s where, you know, people are out here not knowing and having sex and passing it on to someone. And, you know, if we didn’t have these laws, more people would get tested. They really would.
KARL
Yeah, and look, we’re not putting someone with HPV on the sex offenders list, are we?
LASHANDA
No, sir, no, sir. That is a misdemeanor crime.
KARL
But HIV is considered potential manslaughter, I think, in the law enforcement.
LASHANDA
In some states it is manslaughter. In some states, it’s an assault.
KARL
And, you did the right thing! You did the right thing! You said, “Hey listen, man, this is my situation. I’m being upfront and honest with you.” And it’s terrifying, because I think, even for myself, you know, the burden is constantly on us, living with HIV. We have to be the ones, it’s like, the other person almost gets a whole pass for not taking any sort of level of personal responsibility. And then just because you break up or things might go sour, they have the power to destroy our lives. And I would imagine being put on the sex offenders list is pretty much as bad as it can get. I mean, it affects everything in your life, right?
LASHANDA
It does. I’ve lost jobs, job opportunities because of this.
KARL
Well, I also know that you are an active member of the Tennessee HIV Modernization Coalition, and you have done, and are doing, great things. As I said at the top, this story has a happy ending. What is the latest? Tell us what you guys have managed to achieve there in Tennessee?
LASHANDA
Yes, as of May 18th, well, May 17th, excuse me, Governor Bill Lee signed an amendment that if you are exposed to criminal exposure to HIV, you can come off the sex offender registry. And that happened as of July 1st, it went into effect. I got happy, and I sent my letter to the TBI. It was signed on the 17th, I sent my information on the 18th. And I sent it again on July 2nd, because that was after the first. And in five days, I’m off the sex offender registry.
KARL
Congratulations.
LASHANDA
Thank you.
KARL
I mean, it’s terrible that we have to say congratulations. You should never have been put on it in the first place. What has life been like for you since that moment? And, this is gonna be a long, long road for you on readjusting.
LASHANDA
It is, and it’s hard to readjust because on July 22nd, which was my birthday, I had a photo shoot in the park and, you know, there was kids there and I’m like, “Okay.” And I told the photographer, you know, “We gotta move. I can’t be here.” And then I had to remind myself, “You’re off the registry, have fun.” And I was able to make my cousin’s delivery.
KARL
And so, what’s it been like to reconnect with that family that you haven’t been able to get near?
LASHANDA
It’s so amazing. It really is. I got to connect back with my cousin that is now 18. I got to reconnect with my cousin, his sister. I got to reconnect with her. And I’m going to family reunions now. I have a family reunion on the second, and I can’t wait to go because I can see everybody now and, you know, probably being there, I’m gonna wanna scoot away from kids. But I have to remind myself, that part of your advocacy work is over.
KARL
I’m so glad that you’ve taken the time today to chat with us and share your story. And beyond everything else, I’m so thrilled that you are no longer on that list and that you are having the opportunity to really start rebuilding your life. Lashanda Salinas, thank you so much.
LASHANDA
Thank you for having me. I’ve had so much fun.
KARL
Me too. That’s gonna do it for this really important episode of “+Talk.” If you want more information on what we do here at Plus Life, check out our website, pluslifemedia.com. And remember, you can follow us across all social media platforms @PLUSLIFEMEDIA. Thank you very much, and we’ll see you next time. Byebye.