Audacia Ray's Blog, page 35

In NYC, we're celebrating International Sex Workers'...

In NYC, we're celebrating International Sex Workers' Rights Day with a film festival!

Nightfairies and Radical Hustlers: Sex Workers as Activists – at UnionDocs

homeofthevain:Guy Maddin, My Winnipeg (film still)"During...

homeofthevain:

Guy Maddin, My Winnipeg (film still)

"During 1926 cold winter, all the horses from the hippodrome fled away after the stables went on fire. Their only scape-way was the river. But they all froze before managing to reach the opposite side. Their sculptural heads with terror still in their eyes served as a leisure park that season. I wonder in which moment the following spring carried them out into the sea, without anyone noticing."

Via deconcrete. Buy My Winnipeg. More film stills.

Whoa. By far the most stunning image/story I've seen recently.

New York State Rape Shield Law

Thought I'd blog the NY state rape shield law and its exceptions, since my last post about the condom bill has gotten people steamed up about that aspect of the fucked up laws in New York.

I would also like to take this opportunity to state that this is why I don't think blanket "decriminalization" actually works in a practical application. I definitely oppose criminalization of sex work and related activities. However, it's not really possible to wave a decrim wand; this shit will always have laws around it. Furthermore, decriminalizing prostitution-specific crimes often does not get at the racism, classism, sexism, and transmisogyny embedded into the enforcement/imagining of criminal codes. Prostitution decrim would just mean that more poor people of color and trans women get arrested for other bullshit. It's painful and slow and often discouraging, but necessary to root out all the individual laws that are harmful and get rid of them through legislative advocacy work and activist lawyering.

That said, here's a piece of law to get mad about, and hopefully one to organize around in the coming years.

NY CLS CPL § 60.42
 

§ 60.42.  Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases

   Evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense defined in article one hundred thirty of the penal law unless such evidence:

1. proves or tends to prove specific instances of the victim's prior sexual conduct with the accused; or

2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 of the penal law* within three years prior to the sex offense which is the subject of the prosecution; or

[*A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee]

3. rebuts evidence introduced by the people of the victim's failure to engage in sexual intercourse, [fig 1] oral sexual conduct, anal sexual conduct or sexual contact during a given period of time; or

4. rebuts evidence introduced by the people which proves or tends to prove that the accused is the cause of pregnancy or disease of the victim, or the source of semen found in the victim; or

5. is determined by the court after an offer of proof by the accused outside the hearing of the jury, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination, to be relevant and admissible in the interests of justice.

"When she worked the streets, Yvette Gonzales said, she frequently saw other prostitutes working..."

"

When she worked the streets, Yvette Gonzales said, she frequently saw other prostitutes working without condoms. But they were not having unprotected sex at the request of their customers.

Often, Ms. Gonzales said, the police would confiscate condoms when making a prostitution arrest so they could be used as evidence. And as soon as the prostitutes were released from jail, she said, they would go right back to work without protection; or they would refrain from carrying condoms at all, for fear of being arrested, and would hope customers would supply their own. "It breaks my heart," said

Ms. Gonzales, who now works for a nonprofit group, the Positive Health Project, that counsels prostitutes, tests them for infection and provides them with free condoms. "The police need to understand: Don't take their condoms. You're taking someone's health from them."

"

-

Albany Bill Would Bar Condoms as Evidence of Prostitution - NYTimes.com

Good article about no condoms as evidence legislation.

Two things, though (always! always with the critique):

There's no mention of how the collection of condoms as evidence of prostitution is an act of profiling people of color, especially trans women, who are using public spaces and may or may not be engaged in street based sex work.
Also there's this: " Excluding certain types of evidence from criminal court is rare, but not unprecedented. One example is the rape shield law, which limits evidence or questions in rape trials about a complainant's previous sexual conduct." Mention of the rape shield law is ironic because rape shield law in NY state doesn't apply to people who have gotten a prostitution related conviction in the last three years.

***IMPORTANT UPDATE***The New York state No Condoms as Evidence...

***IMPORTANT UPDATE***

The New York state No Condoms as Evidence bill (S323/A1008) has been removed from the agenda for the NYS Senate Judiciary Committee for this Thursday, March 1.

State level bills need to make their way through several committees in both the Senate and Assembly before they can go to a vote, and frequently in past years, this bill has "died in committee," which means that it was referred to a committee and then the members never put it on an agenda to get voted on. So it didn't get voted against, it just didn't get a chance.

The prime sponsor of the bill, Senator Montgomery, asked for the bill to be removed from the Judiciary Committee agenda. It will not be considered on March 1.

This is a little disappointing, but my sources tell me that Senator Montgomery did not feel there was enough support for the bill yet, and asked for it to be removed because she thought it would fail.

I'll write updates as I learn about them!

http://pembehayat.org/

http://pembehayat.org/

I know the call to action below is super-specific and will only...

I know the call to action below is super-specific and will only apply to a small number of people. But if you do live in one of these districts, please call or write your NYS Senator. Hearing from constituents makes a difference! 

The New York state No Condoms as Evidence bill (S323/A1008) is on the agenda for the NYS Senate Judiciary Committee for this Thursday, March 1. State level bills need to make their way through several committees in both the Senate and Assembly before they can go to a vote, and frequently in past years, this bill has "died in committee," which means that it was referred to a committee and then the members never put it on an agenda to get voted on. So it didn't get voted against, it just didn't get a chance. So this could be a step forward! And its an advocacy opportunity for us - but only those of us who live in senate districts where the Senator is part of the Judiciary Committee. I have a list of those relevant Senators in NYC below. Please write or call before Thursday!

Find your Senator here: http://www.nysenate.gov/senators

Here's a sample letter:

Subject: Bill S323 No Condoms as Evidence

Dear Senator XXX,

I am a constituent of yours, and I am a resident of [neighborhood]. I am writing to encourage you to support bill S323, which would make it illegal for condoms to be used as evidence of prostitution. This bill is on the Judiciary Committee agenda for this Thursday, March 1.

Many people, particularly people of color and transgender women, have become afraid to carry condoms with them for fear of condoms being used as evidence of prostitution if they are stopped and arrested. The fear that the NYPD has created in this community around this issue is at cross purposes with the Department of Health, which has been distributing condoms for free to the public, and particularly to high risk populations, for many decades.

This issue is of personal importance to me because… [insert some stuff about why this is important to you, and if you are a current/former sex worker or an ally this is a great place for a personal story, which could be your story or a friend's]

I hope to see S323 make it out of the Judiciary Committee and to the floor for a vote in this legislative session, and encourage you to vote to pass S323 in Committee this week.

best regards,
[NAME]
[ADDRESS including zip code - this is very important as it confirms that you live in the district]

Here's a sample phone script:

I am a constituent of yours, and I live at [ADDRESS AND ZIP]. I am calling to encourage the Senator to support bill S323, which would make it illegal for condoms to be used as evidence of prostitution. This bill is on the Judiciary Committee agenda for this Thursday, March 1. This is a serious public health issue that impacts populations at high risk for STIs including HIV. This issue is of personal importance to me because…

If your Senator is both on the Judiciary Committee and is a co-sponsor of the bill, as is the case for Adams (my senator!) and Perkins, please thank them for their co-sponsorship of the bill. They will definitely be voting yes, so you don't have to be all persuasive - but let them know you support the bill and look forward to seeing it move along with their continued support.

Here's a list of Senators on the JC:
Brooklyn

Eric Adams (D) - parts of Greenwood Heights, Windsor Terrace, Park Slope, Prospect Heights, Crown Heights, Wingate, Weeksville, Prospect Lefferts Gardens
http://www.nysenate.gov/senator/eric-adams/contact

Martin M. Dilan (D) - parts of Bushwick, Cypress Hills, Williamsburg, Greenpoint, Bedford-Stuyvesant, Brownsville, East New York
http://www.nysenate.gov/senator/martin-malave-dilan/contact

Daniel Squadron (D) - Lower Manhattan, also parts of Williamsburg, Sunset Park, and the Navy Yard
http://www.nysenate.gov/senator/daniel-l-squadron/contact

Manhattan

Adriano Espaillat (D) - parts of the (northern) West Side, Northwest Bronx
http://www.nysenate.gov/senator/adriano-espaillat/contact

Liz Krueger (D) - parts of Murray Hill, Tudor City, Sutton Place, Yorkville, Midtown
http://www.nysenate.gov/senator/liz-krueger/contact

Bill Perkins (D) - parts of Harlem, Upper West Side, Washington Heights
http://www.nysenate.gov/senator/bill-perkins/contact

Jose Serrano (D) - parts of South and West Bronx, also parts of East Harlem, Roosevelt Island, North Yorkville, Upper Washington Heights
http://www.nysenate.gov/senator/jose-m-serrano/contact

Daniel Squadron (D) - Lower Manhattan, also parts of Williamsburg, Sunset Park, and the Navy Yard
http://www.nysenate.gov/senator/daniel-l-squadron/contact

Queens

Michael Gianaris (D) - parts of Astoria, Long Island City, Jackson Heights, Sunnyside, Bayside, Flushing, Bay Terrace
http://www.nysenate.gov/senator/michael-gianaris/contact

Toby Ann Stavisky (D) - parts of Flushing, Bay Terrace, Forest Hills, Rego Park
http://www.nysenate.gov/senator/toby-ann-stavisky/contact

Bronx

Ruth Hassell-Thompson (D) - parts of the South Bronx including Morrisania, West Farms, and Concourse Village
http://www.nysenate.gov/senator/ruth-hassell-thompson/contact

Adriano Espaillat (D) - parts of the (northern) West Side, Northwest Bronx
http://www.nysenate.gov/senator/adriano-espaillat/contact

Jose Serrano (D) - parts of South and West Bronx, also parts of East Harlem, Roosevelt Island, North Yorkville, Upper Washington Heights
http://www.nysenate.gov/senator/jose-m-serrano/contact

Staten Island

Andrew Lanza (R)
http://www.nysenate.gov/senator/andrew-j-lanza/contact

"Sandy" had a common experience: She is a 35 year-old transgender woman from Mexico who arrived in..."

""Sandy" had a common experience: She is a 35 year-old transgender woman from Mexico who arrived in the United States in her twenties. In her hometown, she had been ridiculed for her gender identity, and she was beaten and severely bullied most of her life. Like many of her peers, Sandy dreamed of a life where she would be safe and accepted, and she looked for that life in New York City. Once she was in New York, Sandy suffered an abusive arrest for prostitution and sought our help. As she talked about her immigration experience, it became clear she was a survivor of human trafficking. In Mexico, she had been unsure about how she could move to the United States with little money and no family support. Ultimately, she was approached by an older man, seduced, and brought to New York City, supposedly, to be his girlfriend. But once they were in New York, he quickly used violence and threats to force her into prostitution, and he took the money she earned. She escaped after a year of this sustained abuse. As is typical for many trafficked persons, Sandy was reluctant to tell us her story, as she was convinced we would not believe her… Lack of social power and political voice make immigrant transwomen of color vulnerable to police violence in a city where police violence is rampant. Transwomen sex workers, and transwomen incorrectly profiled as sex workers, have likely been improperly arrested at some point in their lives. In this context, there is no opportunity for law enforcement and victim to have a discussion about her life. There is no common ground or trust. Even though the police are supposed to come to the aid of crime victims, these victims are rendered so invisible by bias and discrimination that they have no chance of being identified."

- Human Trafficking of Immigrant Transgender Women: Hidden in the Shadows (via thetart)

CPR's Week of Action starts February 26: Stepping Up Resistance to Police Violence | Communities united for Police Reform

CPR's Week of Action starts February 26: Stepping Up Resistance to Police Violence | Communities united for Police Reform:

Communities United for Police Reform will be launching our campaign with events around New York City, taking our message to City Hall, and to the communities most intensely targeted by these profoundly unfair policing practices.

All listed events are free, some have pre-registration or other specific requirements.
For general information about the week: justice@changethenypd.org
For press inquiries: press@changethenypd.org [Please note: Cop Watch and Know Your Rights Trainings, and the Youth Open Mic are not open to media.]

Schedule as of 2/24/2012, subject to change.

SUNDAY 2/26, 1pm - 6pm (@ Audre Lorde Project, 147 W. 24th St., 3rd floor, MANHATTAN)

Culture + Resistance = Justice: Kick off Communities united for Police Reform's (CPR) week of action with banner-making, music, poetry and food! For more info, contact: Picture the Homeless, 646-314-6423 or veronica@picturethehomeless.org

MONDAY 2/27, 6:30pm - 8:30pm (@ The Point, 940 Garrison Ave, Hunts Point, BRONX)

Calling on the Bronx & all New Yorkers to Watch the Cops: Free hands-on Cop Watch training to learn more about your rights and get tips on how to educate your community and prevent police abuse. RSVP required. For more info, to request childcare, or to register, contact Peoples Justice: info@peoplesjustice.org

TUESDAY 2/28, 4pm - 7pm (@ Make the Road New York, 301 Grove Street, BROOKLYN)

Youth Open Mic on Police Violence. For more info, contact Make the Road NY/Youth Power Project: Jose, 646.496.3469 or Jose.Lopez@maketheroadny.org

WEDNESDAY, 2/29, 12 noon (@ City Hall Steps, MANHATTAN)

Communities united for Police Reform (CPR) press conference on City Hall steps to end discriminatory policing by the NYPD. For more info: justice@changethenypd.org

WEDNESDAY, 2/29, all day (@ throughout the city)

Stand with CPR. Whether you can join us on the steps of City Hall or not, wear your Cop Watch t-shirt. If you don't have one, pick one up at the Sunday 2/26 or Monday 2/27 events.

THURSDAY 3/1, 10am - 4pm (@1399 Lafayette Ave., BRONX)

Help paint a Know Your Rights Mural. Work with artists to help with the underpainting of a new Know Your Rights Mural. For more info, contact yulsan.liem@gmail.com.

THURSDAY 3/1, 6:30pm - 9pm (@ Audre Lorde Project, 147 W. 24 St., 3rd floor, MANHATTAN)

Know Your Rights Training for lesbian, gay, bisexual, two spirit, transgender, and gender non-conforming people of color. RSVP required. For more info, contact Audre Lorde Project: Irma, 212-463-0342, ext. 17 or ibajar@alp.org

FRIDAY 3/2, 6:30pm – 8:30pm (@MS35, 272 McDonough Street, BROOKLYN)

Cop Watch Training. For more info, contact Malcolm X Grassroots Movement: info@mxgm.org

I'm excited about the Red Umbrella Diaries 2012 season,...

I'm excited about the Red Umbrella Diaries 2012 season, and about this illustration for our postcards, drawn by the very awesome Laurenn McCubbin. I'm trying something a little different this year, our third year of monthly storytelling events (whoa!): guest curators/hosts. Clockwise from the top left are Josh Ryley, Ceyenne Doroshow, Dominick, and Essence Revealed. I'm excited to see what they each come up with!

Also, if you're reading this and might be interested in telling a true story about your experiences in the sex industry in front of a live (friendly!) audience in NYC, let me know. Unfortunately, I can't pay performers, but can usually hook you up with meals and a place to crash, as well as support as you develop your story.