Condoms as evidence of prostitution in the United States and the criminalization of sex work

Margaret H Wurth,Rebecca Schleifer,Katherine W Todrys,Joseph J Amon,Megan Mclemore

doi:10.7448/ias.16.1.18626

Margaret H Wurth, Rebecca Schleifer + Show 3 more

Open Access

https://doi.org/10.7448/ias.16.1.18626

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Journal: Journal of the International AIDS Society	Publication Date: Jan 1, 2013
Citations: 37	License type: CC BY 3.0

Affiliation: Human Rights Watch

Abstract

The vulnerability of sex workers and transgender women to HIV infection is a result of many factors including stigma, social and physical isolation, economic deprivation, and legal and policy environments that criminalize their behaviour. Recent systematic reviews have found high HIV prevalence among both populations, including an 11.8% pooled HIV prevalence among female sex workers in 50 countries and a 19.1% HIV prevalence among male-tofemale transgender women in 15 countries worldwide. Studies in the United States have also documented high HIV prevalence among people who report transactional sex and transgender populations. (Published: 24 May 2013) Citation: Wurth MH et al. Journal of the International AIDS Society 2013, 16:18626 http://www.jiasociety.org/index.php/jias/article/view/18626 | http://dx.doi.org/10.7448/IAS.16.1.18626

Highlights

Among these diverse causes of vulnerability, a growing body of literature has examined the effects of the practice by police of using possession of condoms as evidence to support prostitution-related charges [1,8Á12]
We interviewed nearly 200 current and former sex workers, as well as 110 outreach workers, advocates, lawyers, public defenders, prosecutors, judges, and public health officials in New York, Washington, DC, Los Angeles, and San Francisco
Though few prostitution or loitering cases proceed to trial, prosecutors in New York, Los Angeles, and San Francisco have introduced condoms as evidence of prostitution-related offenses in criminal court

Summary

Introduction

Among these diverse causes of vulnerability, a growing body of literature has examined the effects of the practice by police of using possession of condoms as evidence to support prostitution-related charges [1,8Á12]. In New York City, research by the Department of Health and Mental Hygiene and the PROS Network (Providers and Resources Offering Services to Sex Workers) found that many sex workers reported having not carried condoms due to fear of police harassment [13,14].

Results

Conclusion