Response to Bhavi's Post "HIV/AIDS in Oakland"

There is little doubt that education is a crucial component of any HIV intervention. Understanding the consequences of potentially risky behavior is necessary for youth to protect themselves from the debilitating condition. However, one must ask if education alone is sufficient for reducing the spread of HIV/AIDS.

            During an encounter at the SF Public Defender’s Office, a significant number of the clients suspected of prostitution described an almost universal fear of carrying multiple condoms. In many major cities, rights advocates observe an emerging practice of prosecutors to use the number of condoms on one’s person as circumstantial evidence of sex work. Under such procedures, police officers conducting routine patrols of known so-called “red light districts” have probable cause to search the person and belongings of suspected sex workers. In New York City and San Francisco, if one is carrying more than three or four condoms, police officers have reasonable grounds for arrest on prostitution charges. As evidenced by the personal stories of many sex workers—especially transgender workers, who are more easily identifiable by police personnel—this fear of arrest creates a disincentive to engage in safe sex practices.

            Therefore, I wonder if organizations such as AIDS Project East Bay must also engage in a policy advocacy program. To me, it seems obvious that such prosecutorial practices are counter to basic public health demands. Education may not be sufficient, as the education programs assume a fault of the individual—that he or she is responsible for engaging in safe sex and protecting him or herself from HIV/AIDS. While not detracting from an individual’s responsibility, one must also look at the structural barriers preventing a disadvantaged sex worker from taking responsibility over his or her own life. Perhaps a more comprehensive approach would also combat the use of condoms as evidence at trial.

HRW Report: http://www.hrw.org/sites/default/files/reports/us0712ForUpload_1.pdf