State Bill Would Bar Condoms as Prostitution Evidence

A bill introduced in the New York Legislature would keep the possession of condoms from being used in criminal courts as evidence of prostitution. The measure, sponsored by Assembly member Barbara M. Clark (D-Queens) and Sen. Velmanette Montgomery (D-Brooklyn), was first brought forward in 1999. It has been reintroduced every year since, always dying in committee. This year, however, its backers hope for a better outcome.

“Now there’s more support,” said Sienna Baskin, co-director of the Sex Workers Project (SWP) of the Urban Justice Center. Several groups - including the New York Civil Liberties Union, Planned Parenthood, and the Public Health Association of New York City - are preparing research on the issue to convince lawmakers. In July, reports are expected from Human Rights Watch, which is conducting a national study, and George Soros’ Open Society Foundation, which is compiling international evidence.

In a recent SWP survey of 35 prostitutes, 16 reported they had not carried condoms at times because they feared trouble with the police. Fifteen said police had confiscated or destroyed their condoms; three of these said they later engaged in sex without a condom.

“It breaks my heart,” said Yvette Gonzales, a former prostitute who now works with the nonprofit Positive Health Project, which counsels sex workers, tests them for STDs, and supplies free condoms. “The police need to understand: Don’t take their condoms. You’re taking someone’s health from them.”

While it is rare for certain types of evidence to be excluded from criminal court proceedings, it is not unprecedented. As an example, the rape shield law limits evidence and questions in rape trials relating to the complainant’s previous sexual conduct.

Brooklyn District Attorney Charles J. Hynes said he opposes “any law that would restrict our use of evidence.” The New York Police Department did not comment on the bill.

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