Condoms-as-evidence

I recently learned this little fact:  Carrying unused condoms can make it easier to be convicted on counts of solicitation and prostitution. 

Apparently, it’s fairly common practice across the country for police to confiscate condoms when making arrests of sex workers and then using condoms as evidence in criminal proceedings.

There is currently a proposed bill in New York that would ban the practice of condoms-as-evidence.

This sort of thing makes my head hurt and my vagina angry.

I do not necessarily believe that prostitution should be illegal.  I think George Carlin said it best:   "I don't understand why prostitution is illegal. Selling is legal, fucking is legal.  So, why isn't it legal to sell fucking?  Why is it illegal to sell something that is perfectly legal to give away for free?”

I know, I know.  There are lots of arguments for and against the criminalization of prostitution, and I agree that it’s not a black-and-white issue.  But how can anyone think that using condoms as evidence, which in effect discourages sex workers from practicing safer sex, makes any sense at all?  The penal code should be used to protect the public, not discourage actions that enhance public health.

The bill to ban the condom-as-evidence practice in New York is laudable, but I think it should go even further.  I think women and men who are arrested for selling sex and are found to have condoms in their possession should have reduced penalties.  Condoms should be like “get out of jail free” cards for prostitutes.  Agreed?