New York State Bill S1379/A2305 would stop police and prosecutors from using possession of condoms as evidence of prostitution. Currently, police and courts can use the fact that a person has or is carrying condoms to prove that they are engaging in criminal activity. Sex workers report that they are more likely to be arrested if they carry condoms. Police officers regularly confiscate condoms from people they allege are engaged in prostitution to use as evidence against them at trial. As a result people are hesitant to carry condoms to protect themselves and others, for fear that it will lead to arrest or be held against them in court. Sound public health policy would encourage condom use by eliminating the fear that carrying a condom will be used against you by police or in a court of law.
Follow this link to read the Text of State Bill S1379/A2305 and stay updated on the Bill’s actions in the State Legislature
Watch a short PSA about this issue.
Read our joint report with the PROS Network: "Public Health Crisis: The Impact of Using Condoms as Evidence of Prostitution in New York City"
On October 31, 2012, San Francisco commenced a 90 day trial of not using condoms as evidence of prostitution. (PDF, 335K)
On January 17, 2013, Barbara Clark reintroduced the No Condoms As Evidence Bill and it was referred to the Codes Committee.
On January 9, 2013, Velmanette Montgomery reintroduced the No Condoms As Evidence Bill and it was referred to the Judiciary Committee.
On February 7, 2013, The President’s Advisory Council on AIDS (PACHA), passed a resolution against criminalizing condoms in sex work-related prosecutions. (PDF, 81K)
On February 13, 2013, the Nassau District Attorney enacted a comprehensive policy to not use condoms in any prostitution-related case. (PDF, 1.2MB).
On February 13, 2013, the California legislature introduced a bill to prevent condoms from being used as evidence of prostitution.
On March 7, 2013, the DC Metropolitan Police Department began distributing cards asserting that condoms are not a crime. (PDF, 476K)
Below are some articles written about this campaign:
Below are memos of support from organizations who have endorsed the bill.
Write a memo on behalf of your organization and send it to the Senate and Assembly - please send us a copy too!
SWP and Sex Work Awareness hold annual Legislative Advocacy workshops for sex workers and allies.Email Sienna Baskin to get involved.