A Most Ingenious Paradox: Who Benefits When Prostitution is Illegal?

Cara of Feministe says

"In light of the policy of the Department of Justice with respect to prostitution offenses and the longstanding practice of this office, as well as Mr. Spitzer’s acceptance of responsibility for his conduct, we have concluded that the public interest would not be further advanced by filing criminal charges in this matter," Garcia said.

Right, because that’s how we often treat the women who work as prostitutes, isn’t it?  They accept “responsibility” and law enforcement decides to just let it go, because how does it serve the public interest to prosecute women and humiliate them openly in a society that condemns their work, especially when they’re very often only doing the job because they’re desperate for money, or have even been forced or coerced?

Oh no, wait, actually Eliot Spitzer himself was well-known for prosecuting those running prostitution services and working for them, but not the clients.

Read what else she said here.

I *still* think one of the biggest obstacles to legalization of prostitution is that customer anonymity -- the occasional *very* rare arrest here and there notwithstanding -- is better protected.

Which by the way has to be one of the weirdest elements of prostitution in its current social construction.

I mean consider: if prostitution is legal then there's *nothing wrong* with hiring a prostitute**. And if there's nothing wrong with it there's nothing to be ashamed of. And if there's nothing to be ashamed of then there are no *additional* consequences for having it learned you hire prostitutes***.

And yet customers far more than sex-workers seem reluctant, embarrassed, or even ashamed to have their activities known.

Now, right about now your mouse pointer is probably hovering over the "comment" link... or maybe the "close window" one. But chill for a minute, I promise there's a non-"moralizing" point to this.

Whether or not one *should* feel reluctant, embarrassed, ashamed, or even (especially?) *afraid* to be known as a customer the vast, vast majority *is!* And rather than try and *unwind* why let's just accept that it is that way... heck, let's be generous and say people feel that way not for *any* reason but for *every* reason. They just do.

Oh, just one more stop and I'll get to the point: Elliot Spitzer faces no meaningful legal penalties for hiring prostitutes. Senator David Vitter (R-Louisiana) faced no legal penalties****. Heck, for some reason even customer of pimps who pay to have sex with minor children evidently face no legal penalties! Heck, Spitzer and Vitter remain married and Vitter is still a Senator in good standing with both his party and, evidently, his constituency so there aren't even meaningful *social, domestic, or employment* penalties.

So. If there's a) stigma associated with being a customer but b) no meaningful legal consequences if you're caught then what's going to make you feel more comfortable that you'll never be outed: legal prostitution where the workers one hires have nothing to worry about or illegal prostitution where the workers you hire risk legal consequences far, *far* higher than you do*****?

Just my way of saying one shouldn't assume that none of 123,508 voters who opposed Proposition K were customers, or that all who voted for it were.

[** Unless they're involuntarily trafficked or pimped, in which case there's something *very* wrong. But then one never *hires* a conscript for sex, one pays the conscripts pimp or trafficker who lets you rape them. --fl]

[*** Obviously there might be *ordinary* consequences but those can arise any time, for instance, one partner in a personal or business relationship spends non-discretionary joint earnings on any activity without consulting the other partner. --fl]

[**** The operator of the escort service Vitter used, Debora Jean Palfry, should have been so lucky -- she took her own life after being sentenced to 55 years in prison. I'm not saying there are *no* meaningful consequences, just there are none for *customers.* --fl]

[***** Hmmm... another reason so many customers seem so barkingly casual about paying pimps and traffickers for sex with involuntary conscripts? Funny what a powerful force shame can be, eh? --fl]