New York Lawmakers Considering Condom Ban, Contraception as Evidence of Prostitution

New York legislators have submitted a proposal to discontinue a policy that allows police to question individuals carrying condoms for possible prostitution. The bid comes amidst complaints from different groups that such practices lead to discrimination and prevent safe sex.

The S13979/A2736 bill is currently sitting in the state Senate for review and possible approval, which is slated to happen in May. If the bill passes, New York would be the first to enact such a policy in the United States, UPI reports.

State law currently deems condom possession as evidence of an individual's potential participation in prostitution. This could lead to his or her arrest. However, this practice has led to criticism from various groups including immigrants, human rights and public health organizations. Activists have argued that it is unfair to arrest someone due to the mere possession of a condom, which could be intended for safe sex, instead of prostitution. Organziations have also said the current bill is not effective in reducing prostitution in New York. The majority of sex workers in the state do not use condoms to avoid police arrests, based on an earlier study that gathered responses from 197 prostitutes, cited by Techsonia.

NYC allocates more than a million dollars promoting safe sex and AIDS prevention by giving free condoms, but this purpose is often canceled out by the idea that the police will arrest someone carrying a condom. There are about 2,500 police arrests related to prostitution in the state each year.

"There may be no actual evidence, and the condom is their only way of trying to prove it," said Hawk Kinkaid, a former male escort who now advocates on their behalf in New York City, during an interview with NBC News. "The fear that this will be used against you - it prevents people from being able to protect themselves."

The new bill is supported by prosecutors in San Francisco and various parts of New York City including Brooklyn and Nassau County.

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