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Ending Condoms as Evidence: Protecting Sex Workers' Rights

Learn how the use of condoms as evidence of prostitution in major US cities harms sex workers' safety and public health. Discover the consequences, including fear of arrest and unprotected sex, and find out what actions can be taken to address this issue. Contact Megan McLemore at HRW for more information.

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Ending Condoms as Evidence: Protecting Sex Workers' Rights

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  1. Sex Workers at Risk Condoms as Evidence of Prostitution in Four US Cities

  2. Where is this happening? • New York • Los Angeles • Washington, DC • San Francisco

  3. What is condoms as evidence? • Stop (NY, LA, DC, SF) • Search (NY, LA, DC, SF) • Arrest (NY, LA, DC) • Editorialize, warn, threaten arrest (NY, LA, DC, SF) • Prosecute (NY, LA, SF) • “The average citizen is not walking around with condoms.” LAPD

  4. Why is this a problem? • Fear of arrest • Immigration • Police abuse • Misinformation • “3 condom rule” • “How many condoms is it legal to carry”

  5. Public Health Consequences • “How many times have I had unprotected sex because I was afraid of carrying condoms? Many times.” — Anastasia L., sex worker in Queens, NYC • “After that arrest, I was always scared…There were times when I didn’t have a condom and needed one, and I used a plastic bag.” — Carol F., sex worker in Los Angeles

  6. What to do about it? • Follow lead of sex workers and local advocates • Pass state or local legislation barring use of condoms as evidence of prostitution • NY bill • Police and District Attorney directives to stop using condoms as evidence of prostitution • Improve police training on HIV prevention • Engage city leaders to stop undermining public health efforts

  7. Contact information Megan McLemore, JD, LLM Senior Researcher Health and Human Rights Division Human Rights Watch mclemom@hrw.org www.hrw.org “Sex Workers at Risk” is available at: http://www.hrw.org/reports/2012/07/19/sex-workers-risk-0

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