Safe Sex

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Prophylactic Use, such as condoms, and the Law


All sex workers and clients are mandated to use prophylactics when receiving or providing vaginal, anal and oral penetrative sex. Failure to use a prophylactic, such as a condom or a dental dam, can result in a charge of non-compliance with a penalty of 50 units (Sex Work Act 1992 (ACT), Section 27) It is also an offence for a brothel and escort operators to discourage the use of prophylactics. 

Brothel and escort operators must take all reasonable steps to ensure that no person provides or receives vaginal, anal and oral penetrative sex at their brothel or escort agency without using prophylactic (Sex Work Act 1992 (ACT), Section 27). 

It is also an offence for a client to misuse, damage or interfere with the efficacy of any prophylactic used or continue to use a prophylactic that he or she knows, or could reasonably be expected to know, is damaged (Sex Work Act 1992 (ACT), Section 27(4)). This includes interfering with or trying to remove the prophylactic during sexual intercourse.