08:48 pm, Wednesday 13 July, 2011
A Melbourne prostitute who was assaulted by a client for refusing to have unprotected sex intends to sue her former brothel for failing to provide a safe workplace.
The woman claims the brothel failed to protect her. She was assaulted in August last year when she refused to have sex with a client without a condom. She said her refusal caused the man to attempt to rape her. Although she escaped, the man pulled out a gun before leaving and threatened her.
She said her former workplace had chosen to ignore workers having unprotected sex and had allowed workers to charge extra for unprotected sex, creating false expectations and a sense of entitlement among clients.
She claimed the brothel did not have security guards and failed to video customers.
The woman has since been diagnosed with post traumatic stress disorder, whiplash in her neck and a torn muscle in her shoulder.
She said other brothels provided excellent security for their workers.
”It never used to be a big issue … but about 12 months before I got attacked, it became a regular occurrence. More and more guys were coming in asking for sex without a condom. They were under the impression that most of the girls in that place would do it,” she said.
”If they didn’t let that happen, I wouldn’t have been attacked.”
The woman won a workcover claim after the attack to have her medical expenses covered and to be paid $1000 a week – her average weekly earnings before the incident. She is also applying for compensation for permanent impairment through the WorkCover Authority’s no fault scheme.
”It doesn’t matter whether you work in a bank or a brothel, everyone has the right to feel safe at work”, said the woman’s lawyer, Rhiannon Reid of Maurice Blackburn.
Under Victorian law, it is an offence to provide sex work services without taking all reasonable steps to ensure that a condom or other appropriate barrier is used. It is also an offence for a brothel owner to permit a sex worker to work while infected with a sexually transmitted disease.
A government spokeswoman said Consumer Affairs Victoria had conducted 87 inspections of licensed brothels in the past financial year and found ”a small number” of breaches of safe-sex requirements, mostly relating to signage. All breaches detected were resolved through warning letters and follow up inspections, the spokeswoman said.
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