Tag: policing

New York is finally considering saying “no” to using condoms as evidence

June 11th, 2013 · · Articles, Campaigns, Policy Updates No comments - Tags: , , ,

“I’m damned if I do, I’m damned if I don’t.  I don’t want to get any disease but I do want to make my money… Why do they take your condoms, do they want us to die, do they want us to get something?”
– New York-based Sex Worker (Public Health Crisis: The Impact of Using Condoms as Evidence of Prostitution in New York City, April 2012 Report).

It may have taken over ten years, but a New York State Assembly bill to prohibit condoms as evidence in prostitution cases is finally catching the attention of District Attorneys and the New York State legislature.  Last week, New York State Assembly and Council Members, the Kings County (Brooklyn) and Nassau County District Attorney’s office, along with human rights groups and legal advocates – Red Umbrella Project, Human Rights Watch, the Sex Workers Project, Make the Road New York, Streetwise and Safe, and the New York Civil Liberties Union- gathered on the steps of New York City Hall for the “No Condoms As Evidence” press rally.  Organized by the No Condoms as Evidence Coalition, these groups gathered to urge the passage of NY State bill S1379/A2736, also known as the No Condoms as Evidence bill. This is an inclusive bill that would prevent prosecutors from introducing condoms as evidence in prostitution cases, including cases involving victims of trafficking. New York has a history of police confiscating condoms from people perceived to be engaged in sex work, particularly targeting transgender and gender non-conforming persons.

The Urban Justice Center and the PROS Network released a report in April 2012 on the impact of using condoms as evidence finding that over 50 percent of the NY-based respondents interviewed had condoms confiscated based on police profiling them as a sex worker.  Seventy-five percent of transgender women and gender non-conforming people interviewed reported that they did not carry condoms on them for fear of being arrested by the police.

Seeing District Attorneys and sex workers’ rights groups together addressing sex workers’ right to carry condoms without the fear of being arrested demonstrated important progress for sex workers and allies.  This, of course, does not mean that all D.A.s are fully committed to ending the use of condoms as evidence.  A recent New York Times article revealed that some of the City’s D.A.s stated that they would still continue to allow condoms as evidence of human trafficking, despite adopting a policy that would not allow condoms in prostitution cases.

The press rally also spotlighted the problem of police profiling of members of the LGBTQ community—especially transgender women—as sex workers.  Queens Councilmember, Jimmy Van Bramer spoke on the City Hall steps stating, “No assumptions should ever be made about anyone who carries condoms.”  Yhatzine LaFountain, a member of immigrant rights group, Make the Road New York stated, “I have experienced firsthand how the police profile transgender women like me, confiscate our condoms and arrest us for walking the street as ‘trans’… Condoms are supposed to protect us, not turn us into criminals.”

Supporters of the bill are working to have the bill passed by the NY State Assembly by the end of the June session.

 

Guest blogger Kat Thomas attended the June 6, 2013 rally and press conference on the steps of NYC Hall organized by the No Condoms as Evidence Coalition and provided the Best Practices Policy Project with the above post.

Challenging “Helpful” Raids in Phoenix, Arizona

May 15th, 2013 · · Campaigns, News Archive 2 comments - Tags: , ,

This week, Project ROSE—a collaboration between the Phoenix Police Department, ASU School of Social Work and a number of local service organizations–is conducting a three
day raid targeting sex workers and people in the sex trade for arrest. Sex workers and their allies have organized a comprehensive response to these rights violating raids which are planned for May 15, 16 and 17. Advocates have distributed “know your rights” information amongst communities who may be affected by Project ROSE’s raids. A public action protesting the raids is planned on Thursday May 16 at 4.30 pm in front of the “command post” at Bethany Bible Church where community members will be transported after their arrest by the Phoenix Police Department.

Project Rose is predicated on the notion that arresting people in the sex trade is the best way to link them to services. This program relies on force, not human rights and harm reduction. Arrestees who are eligible—the program is available to those with no prior arrests for sex work, no outstanding warrants, and not in possession of any drugs at the time of arrest—only have the option of “diversion” to Project ROSE or incarceration on a prostitution charge.

Sex worker rights advocates in Phoenix are challenging the utility of Project ROSE and are raising concerns about the abuses that arrested community members may experience at the hands of the police and in prisons. “Project ROSE is not a solution to violence and harm against sex workers,” said Jenelle Lovelie of the Phoenix chapter of the Sex Workers Outreach Project (SWOP), adding that, “Project ROSE criminalizes sex workers and masquerades as a social service project.” Another local organizer Jaclyn Moskal-Dairman noted that the “restrictive eligibility criteria for accepting ‘diversion’ from criminal charges mean that many who will be arrested this week will not be offered services at all. Instead they will be incarcerated.” In Arizona people arrested under anti-prostitution statutes face a mandatory minimum sentence on their first charge and felony charges after the third arrest. Experience has shown that being incarcerated in Arizona can be a death sentence. In May 2009 Marcia Powell, a woman serving a 27 month sentence for solicitation of prostitution, died after being left in a prison holding cage in the blazing sun without water. Project ROSE would not have assisted Marcia, the program would have imprisoned her because she had several prior arrests for prostitution.

Sex workers and their allies are demanding rights based approaches that work such as peer based outreach programs, comprehensive services and an end to police harassment and arrest. They are adamant that Project ROSE is ineffective and the numbers confirm their claims. Of 214 people arrested since the program began three years ago only about one third complete the diversion program. The fate of the remaining 70% is not clear, but it seems likely given Arizona’s tough stance on incarceration that they have been sentenced to jail or prison.

 

End the Use of Condoms as Evidence

April 17th, 2012 · · Campaigns, News Archive No comments - Tags: ,

A coalition of New York City based organizations released a report in mid-April 2012 highlighting the devastating impact of the use of condoms as evidence on a wide range of communities of people involved in sex work and who trade sex, as well as people profiled by the police as prostitutes. The Huffington Post commented that “advocates for sex workers want New York to become the first state to ban police officers from confiscating condoms as evidence in prostitution cases, saying it has a chilling effect on disease protection.” The advocates report release and press conference in Albany NY received much press attention nationally-including coverage in Business Week and the Washington Post, as well as internationally.

500 People Freed from CANS Registration Requirements

March 29th, 2012 · · News Archive, Policy Updates No comments - Tags: ,

On March 29th, 2012 a judge ruled that continuing to require people convicted for solicitation of prostitution under the “Crimes Against Nature Statute” to register as sex offenders violates the Equal Protection Clause of the Constitution. This decision follows the abolishment of the Crimes Against Nature Statute (CANS) and frees approximately 500 people previously convicted under the statute from this discriminatory and disparate punishment. More information is available at Women With A Vision’s website and the Center for Constitutional Rights case page. Special thanks to Streetwise and Safe for bringing this information to our attention.