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THE CONDOM QUANDARY

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Verbal humiliation: Seven interview respondents across all gender categories reported that<br />

police verbally abused them, including making disparaging remarks about their profession,<br />

and with respect to male and transgender female sex workers, verbally abusing them for<br />

their sexual orientation and gender expression.<br />

Physical violence: Twelve interview respondents reported that police physically abused<br />

them. Police violence occurred during police questioning at the scene and in the police<br />

station. Interview respondents reported that police used physical violence to make them<br />

confess, and to sign the record of interview. Interview respondents reported various forms<br />

of physical violence, including slapping, kicking, punching, beating, and having their head<br />

banged against the wall.<br />

Extortion and corruption: Because public security officers have considerable discretion<br />

over what penalties to impose, they are in a position to take advantage of sex workers<br />

and extort bribes from them. Eight interview respondents reported that the police extorted<br />

bribes from them in exchange for a release. The amounts that the police extorted ranged<br />

from 3000 RMB (US$469) to 30000 RMB (US$4688). 12 interview respondents were fined,<br />

six reported that they weren’t given a receipt; one said he was given a hand written receipt<br />

without any official stamp on it. They suspected the money went into the police officers’<br />

pockets. Interview respondents reported that they paid cash for the fine, though according<br />

to Chinese law, fines should be paid at the bank. 121 One interview respondent even reported<br />

that the police took him to an ATM to get money to pay the fine, because he didn’t have<br />

enough cash on him. 122 Four interview respondents reported that after police found<br />

condoms, they confiscated their valuables, including cash and a watch. These interview<br />

respondents reported that they didn’t receive any certificate documenting the items<br />

confiscated.<br />

5.3 Impact on HIV response<br />

5.3.1 On condom behavior<br />

Police searching for and confiscating condoms for use as evidence of prostitution is widely<br />

reported by sex workers of all gender categories. These practices have a negative impact<br />

on sex workers’ decision to use and carry condoms, and on entertainment venue owners’<br />

willingness to provide them. Ten interview respondents reported that in order to avoid being<br />

penalized, they would promptly dispose of their condoms when encountering the police,<br />

for example, by throwing their condoms out the window or flushing them down the toilet. 123<br />

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