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Is Prostitution Really Inevitable?

In the New Republic today, Michelle Cottle argues against Congress' brand new "pimp tax" idea, which aims to use the IRS to crack down on sex traffickers. This, I think, is a sharp point:

Obviously sex trafficking is a global atrocity. ... But the chairman's current proposal, which lumps together international sex traffickers with neighborhood pimps and down-on-their-luck working girls, comes with a built-in overreach that all but ensures that the agency's pursuit of sex criminals will wind up resembling its pursuit of tax cheats in general over the years: Overwhelmingly, the small fry are the ones netted since they are both the most abundant and the least able to defend themselves. [Here's a good example.]
Fair enough. A sincere effort to crack down on sex trafficking obviously wouldn't just give the IRS some token funding to hound "down-on-their-luck working girls." And there's certainly something to the criticism that many attempts to stop sex trafficking end up hurting women who become prostitutes "voluntarily" (yeah, those are scare quotes). The International Justice Mission, for instance, a Christian organization that helps the Thai police bust brothels, often "rescues" women who don't want to be freed. "We need to make money for our families," one woman said after a raid in 2001. "How can you do this to us?"

So that's all well and good. What I'm not so convinced about is when Cottle says that "some form of [prostitution] will always be with us," and so we should do what many sex-worker advocates in Nevada are calling for and decriminalize the business. Now these advocates are listening to actual prostitutes and know infinitely more than I, but there are studies looking into this subject that are worth noting. In 2003, the Scottish government, looking to revamp its own prostitution policies, did a massive report on policies in different countries around the world, and found that pure legalization plus regulation just isn't the best way to handle prostitution.

Among other things, the study found that legalization led to a dramatic expansion of the sex industry—in Australia, brothels expanded to the point where they overwhelmed the state's ability to regulate them, and became mired in organized crime and corruption. That was typical. In countries that went the legalization route, child prostitution and the trafficking of foreign women into the region also increased dramatically. Surveys, meanwhile, found that sex workers still felt coerced and unsafe even after legalization. In the Netherlands—often held up as a model in this regard—a survey done in 2000 found that 79 percent of prostitutes were in the sex business "due to some degree of force."

The best approach, as far as I can tell, turns out to be Sweden's. In Sweden, prostitution is considered "an aspect of male violence against women and children" and treated as such. Legislation, passed in 1999 as part of a broader "violence against women" bill, decriminalized the selling of sex while making the buying of sex illegal (pimping was already outlawed). So that was novel. But the bill also—and this bit was crucial—provided ample social service funds for helping any prostitute who wanted to get out of the business to do so, as well as funds for educating the public.

And after a few early hiccups, this strategy seems to have worked. Prosecutions of male buyers and johns went up dramatically. The sex trade doesn't seem to have been pushed underground, as many feared. Street prostitution in Stockholm has dropped by two-thirds since 1999. The Swedish government estimates that only around 200-500 women are trafficked annually into the country, as compared to some 17,000 trafficked into Finland each year. And most importantly, 60 percent of prostitutes took advantage of the social service funds and succeeded in exiting the sex industry.

At any rate, when it comes to views on prostitution I think I pretty much agree with this post by Emma of Gendergeek, who opposes fully legalizing prostitution in theory and isn't swayed by the argument that it just allows women to "choose" for themselves what to do with their body. And although I'd be interested in seeing evidence to the contrary, Sweden's approach appears to best finesse the line between legalization—which seems to work out horribly in practice—and outright criminalization, while offering those in the sex industry more of a choice than they quite obviously have at present.

UPDATE: Petra Östergren, a Swedish writer who has interviewed a number of Swedish sex workers, has some strong criticisms of the law here, which are very much worth reading.

Posted by Bradford Plumer on 06/30/06 at 1:11 PM | E-mail | Print



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Comments

Thank you for this well thought out and reasoned view.

However, I would liek to mention that Petra Östergren's research has been contested in many areas. There is no evidence of the discussions she claims to have had with the alleged "20 sex workers", no sample declarations and no mentioning of the questiosn they were asked.

Posted by: soopermouse on 07/01/06 at 11:46 AM

Legalized prostitution is possible, at least in fiction. SEE: "Naked in Death", by J.D. Robb. Set in the year 2058, it follows the adventures of Lt. Eve Dallas, New York Police and Security Dept., who is investigating a series of brutally murdered "Licensed Companions" (legalized prostitutes). The issue of prostitution, legalized and non-, is thoroughly debated and investigated.

Posted by: Chumash on 07/01/06 at 1:47 PM

Petra’s research is putting forward the views of the prostitutes caught in the crossfire of the legislation, which unfortunately, some will suffer yes. As the transition happens, this is inevitable. She does not specify what help there is for sex workers to find another means of income, and indeed, some will find it almost impossible if they are using drugs, or have an alcohol problem. Many prostitutes do not start out having these problems, but they end up abusing substances to cope with the work, and then they have to carry on in sex work in order to feed a habit, because normal work is not possible, thereby creating the trap of a downward spiralling loop. Therefore, the ones who are in the system, dependent on sex work to survive, will say that they don’t agree with the new laws. There is a saying, “you can’t see the cage until you are free”.

I would be interested in knowing exactly what help is available to these women. I sounds harsh, but just because some, already caught in a system that is harmful, find it difficult in the short-term, does not mean to say that the system is right. This legislation is sending out a message for the longer term, and many countries will be looking to see the results.

An example of looking at the bigger picture. When it was found that smoking was harmful, and the people who had to breathe other’s smoke finally put their foot down, and legislation was introduced to ban smoking in public places, of course, in the short-term, many people who smoked, suffered. (No, not the suffering of a prostitute already marginalized, and being further marginalized – this is for comparison). But the legislation sent out the message that, yes, it’s tough giving up, and yes, it will take a long time to change something so established, but the message was clear – it had to change.

From what I have read, the longer-term benefits for society, indeed, eventually if the world looks to the Swedish model and the Scottish studies, that the buying of a woman’s body, particularly one who is strung-out on drugs, and/or is financially vulnerable, will be illegal for a man to abuse that woman’s vulnerability, and this is the right message to send out. Chase the men, make them think about the harm they are doing, change the system and support women in a positive way, so that women don’t have to feel they need to sell sex to cope, and send out that message that men have no right to buy into the mind-set of entitlement to a woman’s body for money . If the men really want to help the prostitutes, they can put the money they would have spent on her body into a fund for getting them out of such a soul-destroying world.

Men need to change their thinking and if this legislation is what it takes to change a very established way of thinking, then so be it.

Another comparison -Legalizing drugs will not be the right way to go in the long-term, just because in the short-term some say that illegality forces people to do more illegal things. The bigger picture is that society in general functions better when people are not focused on getting high, nor being high. Drug culture mentality is also endemic, and needs to change too, but that’s another essay. Idealism is so easy to talk about, much harder to apply.

There seems to be much more evidence on the side of making the johns the criminals, rather than the prostitute, and much more evidence that legalizing prostitution just makes men abuse women even further

Posted by: Funkin Elle on 07/02/06 at 12:25 AM

I think you've all missed the issue, prostitution isn't just a women's issue. It's an issue that affects men, women and children and it's primarily a problem of poverty and lack of resources. I dont agree that we should be able legislate the actions of any consenting adults. A man or woman of age should be 'free' to make any choice they feel is valid for their happiness even if they are wrong. I do, believe, however that societies should do more to give people (women especially) alternative avenues to achieve success. Judging by the previous posts, it sounds like the subject takes on a different light if we speak of middle-class women who simply desire nicer clothes and cars (more ideal) rather than poor downtrodden women who are abuse by pimps and johns. The legalization (creates more whatever) argument is often used against those who oppose marijuana, abortion and gay marriage. Freedom either exists or it doesn't.

Posted by: cmt_fsu on 07/05/06 at 1:27 PM

personally, I think prostitution is a get rich quick scheme. I also think those same people just love having sex (sex addicts)and make good money in the process is just icing on the cake. Think about it. We've all seen porn movies, those women and men are happy, why because they get to do what they love and get paid in great abundance for it. The only difference is that those prostitutes dont or did not have the opportunity to make it to a playboy, hot network, etc... it is what it is, there are sex addicts in the world, a great deal of them. Those same sex addicts just want to have there cake and eat it to. What do I say about it... there is nothing one can do. Whether they stand in a corner to get p/u or do it more privately, through emails, letters, or phone call, its going to happen. Its out of the laws hands. Its like cigarettes, Alcohol, and guns, as long as its entering or being made in the Country, its going to be sold and bought.


Sorry
gil

Posted by: gilbert francois on 07/05/06 at 7:33 PM

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