Saturday, April 7, 2007

Legalization VS Decriminalization

Although many people use the terms as synonyms, legalization and decriminalization are not the same thing, and would produce very different results. Legalization would make selling sex legal but there would be specific regulations and laws applied to the sex trade (“Prostitution Law Reform”). The problem with this is that many of these government rules are seen as “intrusive” and “demeaning” (“Prostitution”). Decriminalization, on the other hand, would treat prostitution as any other industry allowing the workers all the rights and protection enjoyed by other workers such as hairdressers, counselors, doctors, and estheticians (“IUSW”). All laws against prostitution would be abolished since there are already laws against trafficking, drugs, and sex with children; negative issues which are often associated with the sex trade. “If the police put their efforts into the fight against… real crime, consenting adults [could] get on with their business with no harm to anyone and make their contribution to society” (“IUSW”). The government would also benefit from either legalization or decriminalization by collecting taxes on the services of a prostitute as they do with any employee or small-business.

Some countries where prostitution has been legalized or decriminalized;
- Nevada, US **
- Germany **
- Australia ***
- Belgium *
- New Zealand *
- Indonesia *

The Netherlands is the most well known country where prostitution is decriminalized and treated as any other profession (“Prostitution in the Netherlands”). Workers there are able to form unions and receive all the benefits of a self-employed individual in any trade. There are some countries where selling sex is not necessarily illegal, but acts surrounding it are. In Sweden, prostitution has been decriminalized, but customers, pimps and traffickers are still criminalized (“Laws”). In other countries, female prostitutes are arrested much more frequently than either male prostitutes or johns, showing that patriarchy and gendered oppression are influencing the enforcement of the law (“Prostitution: Criminology”). Many countries are currently debating changes in their policies on prostitution based on activism from within the sex trade and from other feminists as well.


Works Cited:

“IUSW – Recommendations – Legalization.” The International Union of Sex Workers. 9 March 2007 http://www.iusw.org/policy/05_legalisation.html **

“Laws.” Prostitution Research and Education Website. 27 March 2007 http://www.prostitutionresearch.com/c-laws-about-prostitution.html

Outshoorn, Joyce, ed. The Politics of Prostitution: Women’s Movements, Democratic States and the Globalization of Sex Commerce. United Kingdom: Cambridge University Press, 2004. ***

“Prostitution.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Prostitution

“Prostitution: Criminology.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Prostitution_%28criminology%29

“Prostitution in the Netherlands.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Prostitution_in_the_Netherlands

“Prostitution Law Reform: Defining Terms.” Prostitutes’ Education Network – Prostitution: Decriminalization and Legalization. 27 March 2007 http://www.bayswan.org/defining.html

“Sex Worker.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Sex_worker *

Resistance and Activism

Activism is the path to change, and many people have started to protest in favour of decriminalizing or legalizing the sex trade, especially prostitution. Here are three stories of people working towards such change;

Three prostitutes in Toronto, with the assistance of their lawyer, Alan Young are making a “constitutional challenge to overturn the laws governing the sex trade” (Hanes). While prostitution in Canada is not explicitly illegal, many acts surrounding it are. These laws do not prevent prostitution from occurring but only push it ‘underground’ where women face a great deal of violence. Young has expressed hope that the challenge will be heard within 12 to 18 months (Hanes). Valerie Scott, the executive director of Sex Professionals of Canada has publicly supported the case.

The Sex Worker Alliance of Toronto was created in 1992 with the goal of achieving equal rights for sex workers in the form of fair wages, and safe, healthy working conditions (“History”). S.W.A.T. provides education, free condoms, and opposes any laws against the sex trade. Volunteers who work within the organization provide “outreach and court watch” (“About S.W.A.T.”). They are open to supporters of, as well as current and former sex trade workers of all kinds; strippers, prostitutes, etc.

Libby Davies, NDP MPP for Vancouver East, was successful in winning support from Parliament for her Private Members Motion, M-192 in February 2003 (“Libby Succeeds”). The result was a report on Canadian prostitution laws from the Parliamentary Committee on Justice and Human Rights. “The report outlines the failure of the criminal code to protect sex workers” and seems to support decriminalization of the sex trade (“Statement”). Davies herself supports a removal of all laws against prostitution.


Works Cited:

“A Brief History of Sex Trade Activism in Toronto.” Sex Workers Alliance of Toronto. 11 Feb 2001. 5 April 2007. http://www.walnet.org/csis/groups/swat/torontohistory.html

“About S.W.A.T.” Sex Workers Alliance of Toronto. 23 March 2007. 5 April 2007. http://www.walnet.org/csis/groups/swat/about_swat.html

Hanes, Allison. “Prostitutes Seek Legalization of Sex Trade.” National Post. 22 Mar 2007. 23 March 2007. http://www.canada.com/windsorstar/news/story.html?id=1ee7fd31-6ce6-471c-ad21-c00ff0f3cbf9&k=32076

“Libby Davies’ Statement on Missing Women Murder Trial.” Libby Davies: Member of Parliament, Vancouver East. 22 Jan. 2007. 5 April 2007. http://www.libbydavies.ca/mpupdate/missingwomen1.html

“Libby Succeeds: Parliamentary Committee to Review Sex Trade Laws.” Libby Davies: Member of Parliament, Vancouver East. 9 Feb. 2003. 5 April 2007. http://www.libbydavies.ca/mpupdate/missingwomen3.html

Benefits

The so-called negative aspects of the sex trade are often focused on by the mainstream media, which is unquestionably filled with patriarchy and gendered oppression. However, the benefits of pornography and prostitution are rarely discussed publicly. The International Union of Sex Workers describes these benefits as;

1. Prostitutes may prevent rape by servicing those with a strong sex drive who are not able to find other willing partners.
2. Prostitutes can service disabled people who are unable to reach orgasm without their assistance, something others take for granted.
3. Prostitutes provide sex without attachment or having to form a new relationship, allowing a person to avoid being emotionally hurt but still satisfying their needs or desires.
4. Prostitutes are like sexual therapists, providing a solution to a variety of problems.
5. Prostitutes provide orgasms for the inhibited or fetish seekers who are otherwise unable to reach climax.
6. Prostitutes are highly skilled experts and can provide high quality sex that the average person would not be capable of.
7. Prostitutes provide more than just sex, including companionship and counseling.
8. Prostitutes find their job satisfying. The freedom to set their own hours, make money, and exploring their own sexuality are reasons some find it enjoyable.
9. Prostitutes can educate people on how to have better and safer sex in their own lives.
10. Prostitution is liberating for clients and workers, especially women sex workers.
11. Prostitution provides an alternative to stealing or starving when someone needs to provide for themselves or their children.
12. Prostitutes can help people discover their own sexuality, identity and desires.
13. Prostitutes provide sex which has been proven medically to be good for mental and physical health.
14. Prostitutes can help those who have been sexually abused overcome their issues.
15. Prostitution can be empowering for the sex workers themselves.


A question to consider; would you rather see a family doctor or a specialist for brain surgery? If you answered specialist, wouldn’t you like to have the same options for your sexual needs? Not allowing each individual to make their own choice is a form or control, which can be directly related to patriarchal ideals and gendered oppression.

Wendy McElroy defends pornography as a ‘pro-sex’ feminist and argues its benefits extend to both men and women in the following ways;

1. Pornography provides information relating to a variety of different sexual experiences and shows them in a different way than textbooks or discussions.
2. Pornography allows a safe method of experiencing some fantasies, especially rape fantasy scenarios.
3. Pornography breaks stigmas and stereotypes about sexual acts and can allow each individual to make their own decision on the act in their life.
4. Pornography can be good therapy and is often recommended by licensed sexual therapists for self-exploration or to help in a couple’s relationship.
5. Pornography is a form of self-expressing and free speech.
6. Pornography allows women to control their own body similar to using birth control or the right to abortion, laws against any of these are attacks on women’s rights.
7. Pornography is helpful to people who have strong sexual or violent urges, and may even prevent rape.
8. Pornography, if legal, helps to reduce the stigma associated with all sex workers increasing their personal safety.

McElroy ends by stating that, “law should protect choice”, leaving everyone free to decide what they view or participate in, without government interference (McElroy). Numerous sex workers have expressed similar sentiments to those above, plus a number of other personal reasons for choosing the work they do (Nagle).



Works Cited:

Bell, Laurie, ed. Good Girls/Bad Girls: Sex Trade Workers and Feminists Face to Face. Toronto: The Women’s Press, 1987.

“IUSW – Recommendations – Appendix 3.” The International Union of Sex Workers. 9 March 2007 http://www.iusw.org/policy/14_app4_abuse.html

McElroy, Wendy. A Feminist Overview of Pornography, Ending in a Defense Thereof. 7 March 2007 http://www.zetetics.com/mac/freeinqu.html

Nagle, Jill, ed. Whores and Other Feminists. New York: Routledge, 1997.

Quote Reflection #2

“Sexuality can, indeed, be a site of oppression, but it can also be a terrain for the development of women’s positive and liberating desires, feelings and ideas.” - Mariana Valverde

Patriarchal systems have been trying to control a women’s body in a variety of ways for many years. This can be seen in the debate over abortion rights, heterosexism, and the romancing of monogamy. As long as these ideas prevail, women’s sexuality will be oppressed. Women are not free to explore their own sexuality without being judged and labeled as less than respectable, often called a ‘whore’, based on the negative stigma associated with prostitution and other members of the sex trade. There is a double standard between men and women and their sexual behaviours, with men able to sleep with as many women as they desire, but with women expected to remain monogamous to one man. Heterosexuality is presented as the only ‘natural’ option, with homosexuals experiencing a great deal of oppression in society. As long as anyone is oppressed based on being different, women’s sexuality will remain “a site of oppression” (Valverde, 31).

Decriminalizing prostitution would be a step towards women’s liberation, allowing all women the ability to work in their chosen field no matter what that may be. While it would not immediately remove the stigma associated with sex trade workers, it would be a step in the right direction. All women should be free to explore their own sexuality without risking oppression as a result. There should be no shame associated with the naked human body or sex, but the media contributes to this distorted reality. In a society where nudity is kept off mainstream television but where violence and coarse language is prevalent, shame associated with sexuality should be expected. Changing the systems currently in place will result in positive change for women and all people.


Works Cited:

Valverde, Mariana. “Too Much Heat, Not Enough Light.” Good Girls/Bad Girls: Sex Trade Workers and Feminists Face to Face. Toronto: The Women’s Press, 1987. 27-32.

Friday, April 6, 2007

Violence, Health and Safety

One of the major problems with keeping prostitution illegal or criminal is that it becomes an ideal environment for other crimes to occur. Many prostitutes and other sex workers face an abundance of violence from their clients, pimps and even the police. Because the work they do is considered illegal, sex workers cannot seek assistance from the authorities when they are threatened or assaulted (Highleyman, 149). “Sexual violence is about power”, which can also be said about patriarchy and gendered oppression (“IUSW - Appendix”). The stigma associated with those who exchange sex for money is permission for others to feel justified in the way they are treating them (“Sex-positive”). If prostitution was no longer a criminal offence, workers would be able to seek protection from the law, instead of fearing the justice system.

Some people believe that pornography is dangerous and violent, and may even have heard of pornographic “snuff films” in which the lead actor, usually female, is killed (“Pornography”). There is no proof that any such films actually exist, and many pornography actors truly enjoy their job (McElroy). It is a common misconception that practicing BDSM is violent and can’t truly be enjoyed (Highleyman, 145). Pornography is not inherently violent and can actually lead to reduced sex crimes. “Japan, which is noted for its large output of rape fantasy pornography, has the lowest reported sex crimes rate in the industrialized world” (“Pornography”). Pornography offers a more socially acceptable means of regulating a person’s sexuality than actually raping a person.

Both prostitutes and pornography actors face an increased risk of contracting a sexually transmitted disease and therefore should be well educated on the risk and the things they can do to help prevent transmission (“IUSW - Problems”). In fact, research shows that sex workers do not have a higher HIV rate than the general public and it may in fact be lower than the average (“Prostitution”). Sex trade workers should be practicing safe sex, using condoms, lube and dental dams at all times. Testing should be encouraged for all sex workers and each individual should act accordingly based on the test results, in order to protect the health and safety of other workers and clients.



Works Cited:

Highleyman, Liz. “Professional Dominance: Power, Money, and Identity.” Whores and Other Feminists. Ed. Jill Nagle. New York: Routledge, 1997. 145-155.

“IUSW – Recommendations – Appendix 4.” The International Union of Sex Workers. 9 March 2007 http://www.iusw.org/policy/14_app4_abuse.html

“IUSW – Recommendations – Problems.” The International Union of Sex Workers. 9 March 2007 http://www.iusw.org/policy/07_problems.html

McElroy, Wendy. A Feminist Overview of Pornography, Ending in a Defense Thereof. 7 March 2007 http://www.zetetics.com/mac/freeinqu.html

“Pornography.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Pornography

“Prostitution.” Wikipedia, the free encyclopedia. 6 March 2007 http://en.wikipedia.org/wiki/Prostitution

“Sex-positive feminism.” Wikipedia, the free encyclopedia. 7 March 2007 http://en.wikipedia.org/wiki/Sexually_liberal_feminism

Quote Reflection #1

“Prostitutes are neither criminals nor victims.” - Ignasi Pons and Victoria Serra

While this statement should be true, the current legal and social situation in most countries does not permit it to be. Most of the laws against the sex trade are targeted at the prostitutes themselves, as opposed to those who purchase sex. It is also true that more female prostitutes than males are arrested for their actions, pointing to a desire to control a specific group of women based on patriarchal ideals and gendered oppression. People, especially women, should be able to control their own body and do with it as they desire, without the risk of criminal prosecution. Prostitution should remain a personal choice.

Most prostitutes are not victims but because of the illegal nature of the act; some are forced into the sex trade, while others would like to leave but cannot for various reasons. Some may find they are unable to leave due to a violent pimp, others may find they don’t have the skills to work in another industry without retraining. If prostitution was decriminalized the police could focus on helping those who are being forced into selling their bodies. Assistance should be provided to those who want to change industries, instead of many former sex trade workers facing prejudice in a job search.

The only way to achieve the ideal presented by the quote is to decriminalize prostitution and to eliminate the stigma associated with sex trade workers. For the time being, prostitutes should not be seen as “criminals” or “victims” (Pons and Serra, 499).


Works Cited:

Pons, Ignasi, and Victoria Serra. “Female Prostitution in Spain.” Prostitution: On Whores, Hustlers and Johns. Ed. James E. Elias et al. New York: Prometheus Books, 1998. 493-500.

Resources

In addition to the various books, articles and magazines sourced throughout this site, here are some additional resources people involved with the sex trade may find helpful;

Assaulted Women’s Helpline
Website – www.awhl.org
Phone – 1-866-863-0511


The Assaulted Women’s Helpline is a valuable resource for sex trade workers, since unfortunately they do face an increased incidence of violence. The organization provides resources for anyone who is experiencing or has experienced violence or abuse. Some of these resources include; 24 hour telephone crisis counseling, emergency housing referrals and sources for legal advice. All their services are anonymous and confidential. The Assaulted Women’s Helpline also provided education on anti-violence initiatives.

Maggie’s: Toronto Prostitutes’ Community Service Project
Website - www.maggiestoronto.ca
Phone - 416-964-0150


Maggie’s is a non-profit, trans-positive environment for current and former sex trade workers. It is a place where people can go to receive education and other resources related to their work or in hopes of finding work in another industry. Maggie’s believes in decriminalization of the sex trade and labour rights for workers. The organization offers free condoms and publishes a ‘bad trick’ sheet to encourage prostitute safety.

Streetlight Support Services
Website – www.streetlightsupportservices.com
Phone – 1-877-300-9997


Streetlight Support Services has a focus on assisting those working in the sex trade who would like to get into another industry. Most people are referred to their services as a result of criminal charges related to prostitution; they are also the creators of “John School”. They employ several graduates of George Brown College’s Assaulted Women’s and Children’s Counsellor and Advocate Diploma Program. Streetlight offers a Choices Diversion program which is a 4 week counseling program covering topics such as; gender roles, the cycle of violence, and safety planning.


For more information on these resources and others like them you can access 211 Toronto online at www.211Toronto.ca or via phone by dialing 211. These information services are also available for the Niagara Region, Simcoe County, and the whole province of Ontario. 211 is now also available in Calgary and Edmonton, with services for Alberta currently being planned. Go to www.211.ca to access all of these sites.

Tuesday, March 27, 2007

Definitions

Sex Trade: the industry that includes any job related to using sex to make money, although is not limited to those who specifically perform sexual acts for compensation **

Sex Worker: any person who earns money by providing sexual services including; strippers, porn actors, phone sex operators, glamour and nude models, and more **

Prostitution: the act of performing sexual acts specifically for material compensation, usually money but may also include property, drugs, jewelry or clothing *

Prostitute: a person whom performs prostitution for one or more clients/customers, usually refers to a person who is working on the street and is highly stigmatized by society in general and is illegal in most places *

Escort Services: claim to offer only social companionship although most actually offer sexual services at a higher cost than a street prostitute might charge for the same, often arranged through a third party (agent) for a fee or advertised in public forums online *

Pimp/Madam: a person who lives off the proceeds of several prostitutes and may offer some form of protection in return, pimp is for a male and madam refers to a female *

Brothels: buildings or houses used specifically for prostitution, where they are allowed they are often restricted to certain areas of town known as ‘red-light districts’, usually run by a pimp or madam, prostitutes may live and work in the same place *

Truck Stops: prostitutes who work truck stops are commonly called ‘lot-lizards’ and will proposition truckers via CB radios while waiting in another part of the parking lot *

Sex Tourism: travelers from developed countries visit poorer nations in order to seek out sexual services which are either unavailable or too expensive in their home country *

Stripper: a person who takes off their clothes for money, usually on stage while dancing to music, may also perform lap dances for individual customers for additional money, the client is generally not allowed to touch the performer at any time

Exotic Dancer: can be used as an alternative/synonym to “stripper” but also refers to a person who dances in a similar manner but who never actually gets naked

Massage Parlor: while the workers may actually offer massage services, most clients know they are really offering sexual services in exchange for money, usually oral sex or manual stimulation, are run similar to how a brothel would be organized ***

Pornography: comes from the Greek for ‘prostitute writing’ and is the explicit representation of the human body or sexual activity for the purpose of creating sexual arousal, makes use of all media forms including; print, photos, sculpture and video, the Internet has made pornography (porn) much more accessible and widely available ^

Erotica: essentially the same as pornography but that which is deemed to have artistic merit, the difference between the two is highly subjective and often based on personal taste or values ^

BDSM: refers to the practices of bondage and discipline, dominance and submission, and sadomasochism, professionals offer these services in exchange for compensation, sex is not always involved and as a result many pros prefer to distance themselves from the sex trade and the stigma involved, typical activities include; spanking, whipping, and torture ^^

Also Associated with the Sex Trade: ^^^
- Phone-Sex Operators
- Peep-Shows
- Live-Sex Shows
- Nude Modeling
- Glamour Modeling
- Pornography Actors and Actresses
- Photographers, Videographers, and Directors
- Clothing Designers
- Advertisers


Works Cited:

Highleyman, Liz. “Professional Dominance: Power, Money, and Identity.” Whores and Other Feminists. Ed. Jill Nagle. New York: Routledge, 1997. 145-155. ^^

“IUSW – Recommendations – Appendix 1: Quality and Quantity in Sex Work.” The International Union of Sex Workers. 9 March 2007
http://www.iusw.org/policy/11_app1_quality.html ^^^

MacCowan Lyndall. “Organizing in the Massage Parlor: An Interview with Denise Turner.” Whores and Other Feminists. Ed. Jill Nagle. New York: Routledge, 1997. 232-241. ***

“Pornography.” Wikipedia, the free encyclopedia. 6 March 2007
http://en.wikipedia.org/wiki/Pornography ^

“Prostitution.” Wikipedia, the free encyclopedia. 6 March 2007
http://en.wikipedia.org/wiki/Prostitution *

“Sex Worker.” Wikipedia, the free encyclopedia. 6 March 2007
http://en.wikipedia.org/wiki/Sex_worker **

Prostitution Subculture Terms

Bad Date: a client that has threatened or injured a prostitute

Boyfriend: often used to refer to a pimp

Dates/Johns: the customers or clients of a prostitute

Half and Half: the prostitute will perform oral sex followed by intercourse

Life on the track: expression for the day to day life of a prostitute

Mack/Mac: the top pimp in charge

Main Lady/Wife-in-Law: the pimp’s most trusted prostitute

Safe: using a condom

Square: a person who is not a prostitute

Trap: refers to the money earned through prostitution


Source: Hodgson, James F. Games Pimps Play. Toronto: Canadian Scholars Press Inc., 1997