SEX WORK AND THE LAW - HIV/AIDS Data Hub

to police for fear of further abuse by the police or prosecution for sex work. This increases
their vulnerability to HIV.
Punitive law enforcement practices
Police abuses of sex workers, including harassment, extortion, unauthorised detention
and assaults, are reported from countries across the Asia Pacific region. In some countries,
peer educators and outreach workers have been harassed or arrested by police when
reaching out to sex workers (e.g., India, Nepal and the Philippines). Violence against sex
workers perpetrated by police and security officials contributes to HIV vulnerability and
is reported in numerous countries. Incidents involving sexual assaults by police, public
security officers or military personnel have been reported from Bangladesh, Cambodia,
China, Fiji, India, Kiribati, Myanmar, Nepal, Papua New Guinea and Sri Lanka. WHO has
observed that laws governing sex work and law enforcement practices are a central part
of the violence experienced by sex workers. Sex workers are regarded as easy targets
for harassment and violence because they are considered immoral and deserving of
punishment. 35
Sexual violence against sex workers increases their vulnerability to STIs and HIV through
multiple mechanisms, including the risk of acquiring STIs or HIV when raped. Sexual
assaults by police reinforce the powerlessness and marginalization of sex workers. Sex
workers often have no access to legal advice and no effective way to complain about police
misconduct. In such circumstances, sex workers have little confidence in government
agencies and may be deterred from identifying themselves to health authorities due to
fear of disclosure of identity and further violence. Mental health morbidity arising from
violence can reduce the ability of sex workers to negotiate condom use and to access STI
services for testing and treatment. 36
Punitive laws and police practices form barriers to sex workers’ access to services and can
result in sex work being conducted in venues and localities that are hidden, unsafe and
without access to HIV services. Reports from sex worker organizations show that where
sex workers are regularly targeted for arrest and prosecution, sex workers are less likely to
access health services. In some countries, health service providers and outreach workers
are harassed or jailed when reaching out to sex workers (e.g., India, Indonesia and Nepal). 37
Confiscation of condoms
Confiscation of condoms by police as evidence of illegal conduct or to justify harassment
and extortion is a widespread problem. Countries where sex workers report condom
confiscation or police harassment for possessing condoms include China, Fiji, India,
Indonesia, Malaysia, Myanmar, Nepal, Papua New Guinea, the Philippines, Sri Lanka and
Viet Nam.
35 WHO and Global Coalition on Women and AIDS (2005), Violence Against Women and HIV/AIDS: Critical
Intersections: Violence against sex workers and HIV prevention, Geneva: WHO.
36 Beattie T., Bhattacharjee P., Ramesh B., et al. (2010) Violence against female sex workers in Karnataka state,
south India: impact on health, and reductions in violence following an intervention program, BMC Public Health
10:476.
37 See e.g., Creating an Enabling Legal and Policy Environment for Increased Access to HIV & AIDS Services for Sex
Workers, 1st Asia and the Pacific Regional Consultation on HIV and Sex Work, 12-15 October 2010, Pattaya, p.4.
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