D.C. Female Condom Distribution at Odds With Using Condoms as Evidence of Prostitution

Isn't it ironic, don't you think? Washington, D.C. is set to become the first city in the United States to distribute free female condoms to combat it's rampant HIV/AIDS epidemic; while many cities, including D.C., already have programs to give away male condoms, this new campaign comes in recognition that we need to empower women to protect themselves. Yet distributing condoms to promote safe sex is at odds with the practice of practically criminalizing carrying three or more condoms by using this as evidence of prostitution.

The Metropolitan Police Department stubbornly defends this practice, and despite thousands of emails from concerned Change.org members (you can add your voice to the call here), Mayor Adrian Fenty refuses to make a statement instructing law enforcement not to use condoms as evidence of sex work for either arrest or prosecution. And while this anti-condoms rule has generally been understood to mean male condoms since these are far more popular, there's no reason to believe that you'd be any better off with the female version.

A spokeswomen for the MPD allayed the public's fears over getting arrested for prostitution by saying that rubbers alone wouldn't be sufficient evidence to suspect prostitution -- but hanging around with someone late at night, with no clear destination, and carrying condoms, would be. Given these minor constraints, someone engaging in sex work has a big reason not to practice safe sex, since having protection in their purse is the hard evidence that can be used against them. Add to this historical and continuing problems of sex workers being subject to harassment by police, including pressure to trade sex for a lighter sentence and even rape, and it's no wonder practicing safe sex seems to sex workers like a decidedly unsafe practice.

D.C.'s not alone in this practice -- New York City and San Francisco also use condoms as evidence, and condoms are regularly confiscated for suspected sex workers. "It's a common enough practice that everybody knows about it," says Cyndee Clay, executive director of Helping Individual Prostitutes Survive (HIPS), in a recent Ms. Magazine article. In a survey by the New York City-based Sex Workers Project, almost every single sex worker interviewed said they were concerned about carrying too many condoms and having it used against them.

And, the truth is, it's not only sex workers who are deterred from carrying protection. Yes, if I went walking down the city streets with a bunch of condoms in my purse, I'd probably be fine. But, as Ms. Magazine points out, if police think you fit the prostitute profile, you could be in hot water for just planning some legal sexual fun. Transgender women, women of color, and those with prior records are frequently profiled by police and can find carrying condoms to be risky business, even if they're not engaging in sex work.

With HIV/AIDS at such high rate, the priority of all these cities should be protecting public health and stopping the spread of STDs, not treating condoms like criminal paraphernalia. Particularly today, on National Women and Girls HIV/AIDS Awareness Day, this seems extra significant. Sign the petition to keep the pressure on the city mayors to put an immediate stop to this harmful law enforcement practice: people's health is nothing to mess around with.

Photo credit: soundfromwayout