Posts
George Gascón, San Francisco’s
district attorney (DA), has agreed to a permanent ban on the use of condoms as
evidence of prostitution. He notified Theresa Sparks, executive director of the
city’s Human Rights Commission, of this decision in a letter dated March 30,
which stated that prosecutors will no longer use condoms as physical evidence
in criminal prostitution cases. Jeff Adachi, public defender, agreed that it is
a good policy that police and prosecutors will no longer treat carrying condoms
as evidence of prostitution. This letter ended a temporary ban on collecting or
photographing condoms in cases of suspected prostitution or of discussing them
in court, which was in effect since October and had been extended for another
three months in January while Gascón examined the issue.
Sex worker advocates, public health
officials, and others were concerned that using condoms as evidence of
prostitution discouraged people from carrying them and thus placing individuals
at greater risk of HIV and other STDs. In his letter, Gascón referred to the
need to balance health and safety issues. He acknowledged that concerns raised
in two meetings with the Human Rights Commission have persuaded him that police
seizure and trial prosecution using condoms as evidence make it less likely
that sex workers will carry and use condoms to protect themselves. After six
months of evaluating police arrests and the case outcomes, Gascón felt
confident that the public safety concerns can be addressed without risking sex
workers’ health.
Sparks referred to the agreement
between the DA and public defender as a huge advancement. She was happy that
the victims’ rights have been placed before law enforcement and commented that
officials needed to remind people that many in the sex industry are victims who
should receive the option of protection while participating in these
activities. Sparks stated that the next step was to get the message to the
community so that individuals understood that the change is real as well as
their rights. A meeting with advocates and city agents is planned to determine
how to spread awareness of the new policy. Sparks noted that her staff,
representatives from the city’s health department and the nonprofit St. James
Infirmary all participated in the effort to address the condom issue.
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
