OHS in a Brothel - Prostitute to sue workplace over gun

A Melbourne prostitute who was assaulted and had a gun pulled on her after refusing to have unprotected sex with a customer is planning to sue a brothel for failing to protect her.

The woman, who does not want to be identified, said her former workplace, had turned a blind eye to workers having unprotected sex, creating false expectations and a sense of entitlement among clients.

The woman, said her attacker grabbed her, forced her onto her back and attempted to rape her at place of employment, last August, when she would not have sex without a condom,

It also failed to video record people coming and going from the premises and did not have security guards. The woman said that this had partly led to a man assaulting her last August when she persistently refused to have sex with him without a condom. She said her refusal caused the man to aggressively grab her, flip her onto her back and attempt to rape her. Although she escaped, the man pulled out a gun before leaving and threatened her.

''He pointed it at my head and said he could do anything to me. He said, 'No one can stop me','' she said.

The woman has since been diagnosed with post traumatic stress disorder, whiplash in her neck and a torn muscle in her shoulder.

She said although other brothels provided excellent security for their workers,this brothel had allowed workers to charge extra for unprotected sex, creating an impression that clients could get whatever they wanted.

''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.

While it is illegal for people to have unprotected sex in brothels, the brothel website says its aim is to provide clientele with ''everything they may desire and more''.

The woman recently won a workcover claim 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 and plans to sue the brothel for failing to provide a safe workplace.

Victorian Law: nder 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.

Under NSW OH laws, the employer must ensure the health, safety and welfare of the employee (Sec 8.1) and the