SFPD Announces They Will Stop Using Condoms as Evidence in Sex Worker Investigations

San Francisco Police Department (SFPD) announced today that they would no longer be using condoms as evidence in suspected sex worker cases on a trial basis for the next six months. The City and all the interested and oversight departments-DA, SFPD, the Mayor’s office, among others-would review the data gathered and make a decision to keep the policy intact. This is a big win for AIDS activists who’ve been working tirelessly to stop this violation of City directives and citizen’s rights. Before today’s announcement San Francisco police officers had been using condoms as evidence of sex work or suspected sex work specifically targeted within the LGBT community in The Castro and beyond.

In a 112 page report released in July 2012, Human Rights Watch detailed interviews with more than 300 sex workers and transgendered people-many from San Francisco-as well as New York, Los Angeles and Washington, D.C. were those surveyed claimed that officers regularly harass, threaten and arrest them for carrying condoms, which police allegedly use as evidence of prostitution. In San Francisco specifically the police could stop any citizen and, if in possession of just three condoms,  could and had held individuals for ‘suspicion of prostitution.’ These kind of police practices conflicts radically with current City policy. AIDS and human rights activists further claim this practice contributes to the rise of HIV transmissions and other sexually transmitted diseases. Additionally activists have pointed out that this is a vast waste of SFPD  time, staffing, fiscal resources and jail space when holding those for up to 72 hours without charging. That money and time could be better spent addressing a myriad of other ills plaguing The Castro and the City as a whole.

The newly reformed AIDS Coalition to Unleash Power of San Francisco (ACT UP/SF), St. James Infirmary, and other AIDS support/activist groups within the City cheered this decision on the part of the SFPD as a big win for the community at large but noted that now comes the hardest part-keeping an eye on the SFPD to make sure these promises and new edicts are adhered to by the rank and file officers in the field, encouraged by commanding officers and monitored/enforced by the District Attorneys office. Time will tell.


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5 thoughts on “SFPD Announces They Will Stop Using Condoms as Evidence in Sex Worker Investigations

  1. According to the Bay Guardian (10/7/12), the DA way back in 1994 declared condoms could not be confiscated for use as evidence, but obviously the SFPD has not been following that policy.

    So yeah, this current assertion, while welcome, should be taken with a large grain of salt. Their actions will speak louder than their words. The fact that this is also only for a 6-month trial period shows criminal justice authorities still don't "get it".

    If they had a clue, they would not need any "trial" and would simply stop what is a completely counter-productive and anti-health practice, permanently.

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    • You are absolutely correct Starchild. It has been a travesty of a policy and a giant waste of SFPD time, staff and taxpayers resources not to mention a violation of human rights and freedoms we hold so dear to our hearts here in San Francisco. The proof will be in the pudding as the saying goes to see if the Capt's, Lt's and other police upper brass can make sure this policy is followed by rank and file officers in the street. We will keep an eye on the situation and report back as things progress.

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  2. Pingback: Un buen año para las sombrillas rojas: avances en los derechos de lxs trabajadorxs sexuales en 2012 | El estante de la Citi

    • Here is the translation of this excellent comment. Translation provided by Google Translate:

      All activists have good years and bad years, rarely, a great year. For the activists for the rights of sexual employee lending, 2012 was a great year. In July, the Global Commission on HIV and the Law recommended that countries repeal laws against sex work to promote safe working conditions and access to services and supports HIV and effective health and sexual employee lending customers. Also warned against mandatory HIV testing and the criminalization of HIV transmission. In the following months, the Development Program of the United Nations published an important document, ‘Sex Work and Law in Asia and the Pacific’. Mapping the laws and policies affecting human rights and sexual health employee lending in 48 countries and also recommended repeal laws against selling, buying and brokering commercial sex.

      In July, the International AIDS Conference 2012 attracted nearly 25,000 delegates to Washington DC, but being prohibited sexual employee lending entry to the United States, a conference center for alternative sexual trabajadorxs in Calcutta. Employee lending aliadxs sexual and attended lectures in Calcutta, held a street march and produced a movie and some sessions were interactive with Washington. Ironically, a division of sexual trabajadorxs activism as it may have meant that the AIDS Conference 2012 was particularly successful for sexual employee lending, having called attention to such discriminatory and counterproductive policy of the U.S. towards sex work, as Melissa Ditmore explained to Forbes magazine.

      The Red Umbrella Fund was launched to strengthen the movement for sexual rights employee lending through sexual trabajadorxs led organizations. The fund says that sexual employee lending “act as major participants to decide how the funds will be used.” The Global Fund for HIV, AIDS and Malaria has also steps to ensure employee lending more money for sex.

      Throughout the year we have seen a steady stream of good news from various countries. We have seen discussions about the legalization of sex work in countries as diverse as Rwanda and Fiji. (See news PRLI Twitter for reform of sex work laws around the globe). In the United States, Human Rights Watch spoke out against the policy of confiscating condoms as evidence of prostitution with considerable success. Sexual trabajadorxs pleitearon against mandatory HIV testing in Macedonia, the U.S., Greece, and Australia. Court cases and laws continued to provide important differences to the lives of sex employee lending. We saw this more evident in Canada and South Africa, where the courts have struck down laws of sex work and rights recognized employee lending some sex. (See Pivotlegal Twitter for news about court cases). In India, the Supreme Court ruled that employee lending to ensure sexual and their children can access the same services and benefits as other citizens.

      Sexual trabajadorxs groups grew stronger throughout the world, including in Africa, where a new regional network and national groups in many countries (Kenya, Uganda, Namibia, Malawi). Sexual employee lending are now routinely invited lectures on issues that affect them and made a great impression at the conference of the Association for Women’s Rights in Development Forum (AWID) this year.

      Of course, like most things in life, the rights of sexual employee lending in 2012 pueder be seen as the glass half full or half empty. The oppression and violence continue. The criminalization of clients or “Swedish model” has been adopted by most countries (including Ireland and Scotland). Sexual employee lending continue complaining that sensationalism and myths about trafficking carried bad laws and violent “raids and rescues”-often conducted by organizations corrupt or abusive. Calls for the abolition of sex work by coercive laws sometimes seem to be increasing among governments, big media interests, powerful interest groups and celebrities, all together. We just learned that the EWL has added its voice to these calls. Although sexual trabajadorxs groups have a limited force to oppose vegan demanding more vigorous state action against sex work, in 2012 we saw some success in working with academics who are also questioning the discourses that define sex work as trafficking / exploitation.

      PEPFAR, the President’s Emergency Plan for AIDS, appears in two columns of my ledger 2012. By preventing U.S. money Sexual employee lending will, commitment PEPFAR anti-prostitution has made enormous damage. Hopefully, it will be overturned by the courts in 2013. At the same time, PEPFAR has saved millions of lives, including sexual employee lending, antiretroviral treatment for HIV. Although there are some good results in HIV prevention in some places, sexual employee lending remain highly vulnerable to HIV in many others. Troubling HIV and STD increases persist, and issues such as sexual trabajadorxs significant figures that show the results of HIV. This forces us to remember that stigma, poverty, criminalization and abuse remain powerful barriers to access to services.

      The year ended on a bright note: the meeting of activists in Sydney to discuss the decriminalization of sex work. This makes us begin 2013 with the hope that the rights movement continue sexual employee lending built on their successes and lessons and be “part of the solution.”

      Cheryl Overs Follow on Twitter, @ CherylOvers

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  3. Pingback: A good year red umbrellas: advances in sex workers rights in 2012 RHrealitycheck.org 14.01.13 » nothing-about-us-without-us.com

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