Decriminalizing Prostitution: Part Two

23.12.04

If you missed the introduction: http://lalibertine.blogdrive.com/archive/24.html
If you missed Part One: http://lalibertine.blogdrive.com/archive/25.html

For this post, I'm going to mainly let the experts talk and I'll chime in with annotated opinions. Part Two delves into the difference between decriminalization, legalization, regulation and abolition. I will be using the online sources from two sex worker organizations: Bayswan/PENet and International Union of Sex Workers (IUSW) based in the UK and of which I am a member. *Points to side section* I will give addresses to both sites which are excellent and very thorough.

Legalization:

From the Prostitutes' Education Network (PENet):
Many (or most) societies that allow prostitution do so by giving the state control over the lives and businesses of those who work as prostitutes. Legalization often includes special taxes for prostitutes, restricting prostitutes to working in brothels or in certain zones, licenses, registration of prostitutes and government records of individual prostitutes, and health checks which often means punitive quarantine. The term legalization does not necessarily have to refer to the above sorts of regulations. In fact, in one commonly accepted definition of legalization, legal can simply mean that prostitution is not against the law.

From sociological perspective, the term legalization usually refers to a system of criminal regulation and government control of prostitutes, wherein certain prostitutes are given licenses which permit them to work in specific and usually limited ways. Although legalization can also imply a decriminalized, autonomous system of prostitution, in reality, in most "legalized" systems the police are relegated the job of prostitution control through criminal codes. Laws regulate prostitutes businesses and lives, prescribing health checks and registration of health status (enforced by police and, often corrupt, medical agencies), telling prostitutes where they may or may not reside, prescribing full time employment for their lovers, etc. Prostitute activists use the term legalization to refer to systems of state control, which defines the term by the realities of the current situation, rather than by the broad implications of the term itself.

Because of the range of definitions of legalization, it is difficult to use the term in a discussion of reform. When the general public concerned with civil rights, privacy, etc., call for "legalization," they may not be aware implications of that term, or of the problems inherent in many legalized systems.

Using this example you can imagine the worse-case scenario: Prostitutes can be forced to live and work in rundown housing projects, pay higher taxes and be rounded up for doctor's appointments at any time. Of course, legalization doesn't automatically mean a situation like the one I just described would occur. Until there is an official definition for legalization or decriminalization, this remains the official 'unofficial' definition. The parameters are too vague to allow prostitutes autonomy over their personhood or livelihood. The IUSW has a similar definition.

IUSW definition of legalization: "Legalisation" can simply mean that prostitution is not against the law but in reality, legalised systems often include special taxes; restricting prostitutes to working in brothels or in certain zones; licenses; registration of prostitutes and government records of individual prostitutes; and health checks which often means punitive quarantine. Within these systems, the police are relegated the job of prostitution control through criminal codes. Usually, prostitute activists use the term legalisation to refer to systems of state control, which defines the term by the realities of the current situation.

When the general public concerned with civil rights, privacy, etc., call for 'legalisation', they may not be aware of the implications of that term, or of the problems inherent in many legal systems.

Some sex workers want legalisation. However, wherever this has been adopted - for example, in Nevada in the United States and in Germany - sex workers became vulnerable to state control. Legal brothels tend to be soulless places where the employees are requested to work long shifts for low pay. Many girls in Germany prefer to work outside the system even though they have no state benefits.

Decriminalization:

PENet definition of decriminalization: Prostitutes' rights organizations (ie, COYOTE, National Task Force on Prostitution) use the term decriminalization to mean the removal of laws against prostitution. Decriminalization is usually used to refer to total decriminalization, that is, the repeal of laws against consensual adult sexual activity, in commercial and non-commercial contexts. (Prostitutes' rights organizations such as US PROS, English Collective of Prostitutes prefer to refer to 'the abolition of laws against prostitutes'). Prostitutes' rights advocates call for decriminalization of all aspects of prostitution resulting from individual decision. Asserting the right to work as a prostitutes, many claim their right to freedom of choice of management. They claim that laws against pimping (living off the earnings) are often used against domestic partners and children, and these laws serve to to prevent prostitutes from organizing their businesses and working together for mutual protection. They call for the repeal of current laws that interfere with their rights of freedom of travel and freedom of association. Civil rights and human rights advocates from a variety of perspectives call for enforcement of laws against fraud, abuse, violence and coercion to protect prostitutes from abusive, exploitative partners and management.

IUSW definition of decriminalization: On the other hand, decriminalisation is another option. Decriminalisation is understood as the removal of laws against prostitution. That is, the repeal of legislation which in intent or in practice, results in the placing of sex workers outside the scope of the rule of the law.

You can see the fundamental differences between the two definitions as they stand today. Until I began to research prostitution, I also thought that legalization was a much better choice. Legalization I and many sex worker rights advocates feel would leave too much room for abuse by authority that has already shown themselves to be prone to such activity. Giving consensual adults complete autonomy in all aspects of their personal and sexual lives is the way to go. As of right now, decriminalization lives up to that demand.

Next up is Regulation. The IUSW doesn't have a definition on regulation, but PENet does:

The "regulation of prostitution" usually refers to the criminal regulation of prostitution, but prostitutes' rights activists also refer to regulation in terms of both civil regulation and self-regulation. They call for prostitute regulation of prostitute businesses, and civil codes regulating prostitute businesses with regard to the conditions and rights of workers. Those who call for autonomy support solo and collective work arrangements, and prostitutes' control of their own lives and businesses. The discussion of regulation is primitive and it is difficult to invoke concepts of self-regulation in a context that presumes police control over prostitutes.

This would be beneficial for prostitution as far as organization among themselves and how they would like to operate their business. This could also be good for support in those starting out and those transitioning out of this line of work.

Lastly is Abolitionism. Again, PENet will do the defining for me:

The attitudes of prostitutes' rights activists contrast with attitudes about prostitution by anti-prostitution or abolitionist organizations. Abolitionist movements define prostitution and other categories of sex work as inherently exploitative. Currently abolitionists define prostitution as violence, per se, emphasizing involvement in prostitution as a response to childhood sexual abuse. As a reaction to the exploitation fostered by imperialism and military occupations, international anti-prostitution activists oppose prostitution per say, as well as sex tourism and trafficking (international "pimping"). Historically, abolitionists have dedicated themselves to rescuing women from prostitution, and training women to find alternative careers or security in marriage. Abolitionist groups want to end the institution of prostitution, envisioning a world where no one sells sexual services for any reason. Organizations such as WHISPER (Women Hurt In Systems of Prostitution Engaged in Revolt) oppose the legitimization of prostitution. These organizations do not self- define as prostitutes' rights organizations. They work to reduce or abolish the sex business, advocating against pornography, strip clubs, etc.

These are the men and women of the patriarchy who like to treat prostitutes, regardless of gender, as stupid little children who can't possibly know what they're getting into. True, some prostitutes may not know, but that is not the majority. When an individual is of age, they have the right to make decisions on their lives and their livelihoods. Entering sex work is one decision. Some abolitionists are former prostitutes who assume that since it was bad for them, surely it is bad for other sex workers, whether they realize it or not.

I find it disturbing that abolitionists view marriage as a cure-all to the 'prostitution disease'. It can't be a cure when it's less than half effective. Marriages have ended up horribly for millions of women, yet no one seriously speaks about outlawing marriage. That point brings me to a lecture I heard by ifeminist Wendy McElroy (via mp3). She spoke on how arrogant it was for some feminist to say that women who choose sex work are still psychologically coerced.

Believe me, I know something about exploitation. I worked in a mall for five years.

Sources:

Bayswan/PENet

International Union of Sex Workers (IUSW)

Also check out:

ISWFACE (ice-face)

COYOTE (Call Off Your Old Tired Ethics)

St. James Infirmary

PONY (Prostitutes of New York)

I will not be posting again until December 26th most likely. I'm going to be busy tomorrow and on Christmas Day. Please do feel free to comment because I will be checking in but I just won't have the time to put together a coherent entry. So, Happy Holidays everyone!

Posted at 10:14 pm by La_Libertine

Nic
December 23, 2004 10:23 PM PST

Have a good holiday and my your preents bring you pleasure
Jezebel
December 24, 2004 04:50 AM PST

Thanks Nic. You too.
ElvenSarah
December 26, 2004 02:42 PM PST

I always found it odd that prostitution is legal in some US counties but not others. You are sexual criminal in one place, and perfectly legal in another.
Jezebel
December 27, 2004 04:23 PM PST

It's all part of the American brand of schizophrenia. Even outside of prostitution, in places where there are sodomy laws, anyone who like oral or anal regardless of their orientation is a sexual criminal. It's sick.
Lyly
December 30, 2004 07:16 PM PST

Well i can't seem to get long enough block of time to read your entries on legalization but i agree that they should be.

But of course they won't. Why take the mystery and taboo out of sex when there is a multi-billion dollar industry thriving from our Puritan outlook on one of humanity's greatest gifts (books, movies, toys (thank you all) etc.)?

And how many politically and/or financially prominent johns who've shared numerous secrets with prostitutes would seek to silence these women who did nothing but provide a paid-for service? Remember how Heidi Fleiss was vilified while her BlackBook remained largely private except that everyone on Earth knew Charlie Sheen was a regular and eventually married his favorite, Denise Richards.

The point I'm getting to is that again, money and power rule with secrets. When things get out in the open, their power is sucked away (pun intended)... and you know we can't have that, can we?

Great post.
Jezebel
January 2, 2005 03:02 PM PST

Exactly, Lyly. Exactly.

Gods, I really hate this place sometimes.

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