D.C.’s Three Condom Rule A Misunderstanding?

About a week or two ago, I was catching up on my celebrity gossip on the Perez Hilton website when I saw a post saying that girls in the Washington D.C. area could legally be considered prostitutes if they carried more than 3 condoms on their being at any given time. Most single girls I know usually have a three pack of condoms in their dresser drawers or purses if they are going out. How could something that most people would deem a smart move be considered prostitution? I mean if a woman was carrying a box or two of condoms, then, yes, I could see how that might signal she could be a woman of the night? But two or three condoms?

Since the media began reporting this “three-condom rule,” people have been in a semi-uproar. In fact, over one thousand people came together to create and sign a petition that would allow people to carry three condoms in the D.C. area without worrying whether or not they would be arrested for prostitution. All of this began when an article from RH Reality Check came out that reported on the area’s crackdown on prostitution. In the piece, the co-authors Aziza Ahmed and Brook Kelly stated the within the D.C. area, “Anecdotal evidence suggests that having three or more condoms is considered a proxy for being a sex worker.”

That statement was adjusted a bit when an author from Change.org, Alex Dibranco, referenced the piece and wrote, “Think you might get lucky tonight? Well, if you’re in D.C., don’t bring more than two condoms in your purse, or you could be arrested as a prostitute.” From there, this “three-condom rule” began to hit other websites including Amplify, Feministing and Jezebel where women grew increasingly concerned that carrying condoms in their purses or running out to the local pharmacy to grab some condoms to help promote safe sex could be illegal. Comments ranged from “Don’t many brands sell in 3-packs?” to “So people in long term relationships that decide to stock up are really screwed.”

Is this “three-condom rule” legit? Nope. There ARE areas in the D.C. area that the police force labels as “Prostitution Free Zones.” In these temporary areas, any police officer who suspects that a woman is hanging around and intending to prostitute herself can force that woman to leave. If a woman resists, the officer can legally arrest her. Police officers are also authorized to ask a woman to leave the zone if they recognize her as somebody from a previous offense or if a “reliable source” lets the police know that the woman has been observed as engaging in prostitution. Nowhere in these procedures is there a discussion on contraceptives like condoms.

Gwendolyn Crump, the D.C. spokesperson for the police force, helps clear the air. She says that although carrying a large amount of condoms may appear suspicious to a police officer, there is no rule in effect that states a woman cannot carry more than three condoms. She states, “Although the possession of multiple condoms may be a factor that leads an officer to suspect (reasonable suspicion) that a person is engaged in prostitution, it is not enough to establish probable cause for any crime. Depending on the circumstances, factors such as this may justify an investigative stop—but not an arrest. Essentially, if police cannot arrest someone for having two or more condoms outside a [Prostitution Free Zone], police cannot arrest them for it within a PFZ.”