Wow, the twittersphere was just all aflutter about some college student asking the President if he’d considered legalizing prostitution and/or drugs as a way to stimulate the economy. That was, what, three days ago and it’s still getting retweeted.
Anyway, I thought Matthew Yglesias put the reaction nicely in perspective (emphasis mine.)
I think it’s obvious you can’t end the recession by legalizing prostitution and drugs. But at the same time, it should also be obvious that there are real economic costs associated with the prohibition of these activities and politicians ought to actually justify asking people to bare those costs. This is particularly pressing because the laws in question are so selectively enforced. Elliot Spitzer had his political career derailed by prostitution, but he’s not in jail. Does Obama think the world would be a better place if Spitzer were serving hard time? What about Senator David Vitter, Republican of Louisiana? For that matter, does Obama think the world would be a better place if he’d been caught using drugs back in the day and sent to jail?
Presumably not. But to have laws on the books that the national elite fully intends never to apply to themselves or their families is ridiculous. I don’t want to see hookers and blow available for sale at the corner store, but there’s enormous scope for the reform of our policy in this area.
That’s a classic example of what I called (beginning in the days before Twitter) a twits vs substance problem. It’s not that drugs or prostitution is right or wrong (you can still be a twit about something that’s completely legal… see Britney Spears 24-hour marriage, for instance.) It’s that generally speaking the tut-tutting is done by people who don’t think the item in question is all that serious on the nominal behalf of… other people who also don’t take it terribly seriously in their own lives.
It’s like what Paul Graham says in Hackers and Painters: Big Ideas from the Computer Age about swearing: grownups swear around each other but pretend not to in front of children; meanwhile children swear around each other but pretend not to in front of adults.
Speaking for myself I don’t think it would be a good thing if Barack Obama had gone to jail for smoking marijuana or whatever when he was a young man. I don’t even think it would be a good thing if Sen. Vitter was jailed for paying sex workers to make him wear diapers. (I don’t think he should be a United States Senator, at all, but that’s not why.)
Meanwhile, though, as Yglesias says, the race to publicly pretend to be maximally concerned makes it very difficult to be meaningfully concerned, which in turn makes it very difficult to enact and enforce meaningful policies.
This is a follow-up on yesterday’s post about how “just another crack-whore from the street” is a pretty accurate predictor whether a serial killer’s victim will be a) missed if she disappears, c) file a complaint or press charges if she survives, or c) will be taken seriously if she survives and files a complaint.
From the Times Online
Police [had] been called to Sowell’s house several times, most recently two weeks ago when a naked woman fell out of a first floor window, suffering cuts and scrapes. She declined to press charges.
...
The last visit they made was on September 22, just hours before a woman went to police to complain that Sowell had invited her to house for a drink, then become enraged, choking her with an extension cord and raping her.
It was not until last Thursday, October 29 – 37 days later – that officers followed up her complaint by visiting Sowell’s property, where they uncovered the first bodies. Sowell was arrested on Saturday.
So. Why do you suppose the “naked woman” declined to press charges? Why do you think they took 37 days before they bothered to follow up on
Finally, I started college in Olympia, Washington, at a time when police and everyone else believed the notorious Ted Bundy was still trying to harvest victims. Turned out he’d moved on literally weeks before I arrived. There were notoriously few clues about him back then — authorities had only recently linked a name, Ted, to him but weren’t sure if it was real or just an alias. There was nothing lackadaisical about the police response, the college’s response, or student-body response to Bundy.
Meanwhile, though, just 40 miles north the “Green River” killer, Gary Ridgeway, who was only just hitting his stride, had already murdered roughly as many street and subsistence prostitutes as Bundy had murdered “good” girls. It would be at least several years… really till bodies started being found weekly… that police and the public finally took notice.
Which I think supports my point that not only social but the legal obstacles make street and subsistence prostitutes particularly inviting targets for serial killers. And, Ted Bundy’s celebrity not withstanding, we see that in the raw numbers of serial-killer victims.
And just to be clear? Those same conditions make them every bit as vulnerable to all manner of non-lurid crimes such as rape, robbery, assault, and “regular” old murder.
From CBS News Early Show website, about alleged Cleveland serial killer Anthony Sowell. (Emphasis mine.)
[Early Show host Harry] Smith read a statement from a woman who escaped from Sowell’s house after, the woman says, Sowell started to try to choke her. The woman said Sowell remarked, “You’re just another crack (blank) from the street. No one will know if you’re missing.“
What pisses me off is he was right. Smith interviews the mother of a woman, Tanya Charmichael, who disappeared from Sowell’s neighborhood a year ago. When she tried to report her daughter missing she says police joked that “Oh, go home, she’ll show up by Christmas, after the drugs are all gone.” Oh, and refused to take the report.
I don’t know if there’s much we can do about substance dependency problems, which Charmichael evidently had. And I don’t know if we can do much about whatever it is that makes people become serial killers either. And I don’t know if maybe another 3,000 years of experimentation with law enforcement might finally make prostitution go away.
What I do know, though, is that there’s a class of people — street or subsistence prostitutes — that’s extraordinarily vulnerable to predation because a) nobody cares but also b) even though “nobody cares,” the work they do is still illegal and so c) they are obliged to avoid, lie to, and generally invite the contempt of the people who would most be likely to protect them.
I talk a lot about legalizing prostitution, not because I think it’s hunky-dory. I don’t. In particular, as I’ve mentioned repeatedly, I believe it reinforces the idea of male sexual scarcity and heterosexuality as inherently transactional, and those are enormously destructive not only to women but to heterosexual men.
Instead I talk about legalizing it because here in the Pacific Northwest, including locations just a mile or so from my house, serial killers are known to have gathered and murdered something like four hundred human beings since the 1980s. And nearly all of them were street/subsistance prostitutes who were chosen expressly because their killers knew of, and typically shared, society and law-enforcement’s distain for them.
So when I talk about legalizing prostitution, again, it’s not because I think it’s just hunky-dory. It’s because I think it’s the only way to start transforming society’s relationship with an extraordinarily vulnerable population… and to transform that population’s relationship with society.
(Via Google Alerts on the term “serial killer”)
When you hear someone named Chomphoonut Dongird was sentenced to four years for pimping trafficked young women you’d probably want to check whether the person in question was a man or woman before posting the story on your allegedly-reputable wire service. But not if you were the Associated Press, which a) wants to shake down or sue us disreputable bloggers for linking to their stories and b) just arbitrarily assumed last month that Dongrid is a man.
She’s not. A pimp, yes, and a classic extortionist, false-pretenses sex-trafficker to boot yes…
At least two of the women were forced to perform sex acts on customers to make extra money, which was garnisheed by Dongird to pay for their immigration, made possible by sham marriages to American men who were paid thousands to pose as their husbands.
Assistant U.S. Attorney Ye-Ting Woo said the women were made to work up to 16 hours a day, seven days a week, for virtually no pay. And Dongird scared them into staying hidden indoors lest they be discovered by immigration authorities.
But not a man.
(Via The Slog)
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And just to be clear, it doesn’t matter that the women she contacted in Thailand may have already been sex workers, as is often the case. What matters is that she coerced them to work for her. And, exploiting U.S. immigration law as well as anti-prostitution laws, she used fear of immigration authorities to intimidate her victims.
In her clear, concise argument in favor of legalizing prostitution Holly of The Pervocracy also said
I think a lot of objections to prostitution are really objections to capitalism. I’ve never sold my ass, but I sell my body five days a week—I do physical things I don’t enjoy and say things I don’t mean because I need the money to live. I risk violent assault and exposure to diseases at my job. I have to touch and be nice to strangers off the street with no right to refuse unpleasant ones. The vast majority of the money I take in is kept by my employer.
But I provide a socially valuable and economically productive service, and I’m in the same boat with most anybody with a job. (How I differ from hookers, other than the obvious: I have the ability to call the cops, to file an L&I claim, and to sue my employer. And because my employer knows this they provide safety systems. Legalization would save lives, people.) Doing un-fun things to meet survival needs is a condition of life outside the Garden of Eden, and I’m not convinced that selling sex is a uniquely horrible way of doing that.
While I agree with her overall argument (if you don’t then sorry, you’ve got blood on your hands) I don’t agree with her claim the real objection is to capitalism and not to sex.
Not least because the narratives around prostitution are so highly gendered. To hear most people talk you’d think nearly all prostitutes are women. Instead the only prostitutes activists generally discuss are women prostitutes. For most, including far too many people who imagine themselves feminist, what happens to gay male and, especially, trans prostitutes is irrelevant and immaterial to their little universes. Except, of course, to the extent their opinions of (almost exclusively) male customers are confirmed.
Instead most objections occur in the context of the “no-sex” class paradigm where it’s assumed that women naturally aren’t, and therefore mustn’t be, sexual. And, with that contradictory “aren’t and therefore shouldn’t be” construction (see also Rule #1) people take the position that women in prostitution are a) fragile, forced, feminine flowers and b) skulking trash who deserve what’s coming to them. Oh, unless they’re gay or trans in which case c) who cares what happens to the dirty faggots and women-wannabes.
Anyway, that reason and, I think, only that is why Holly’s ambulance/EMT work is considered different despite all the overt similarities. And thus I think it’s why the main objection is about the sex and not labor.
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Doh! Actually I realize it’s not an issue of sex, it’s an issue of gender! People who buy the patriarchal frame that women are essentially non-sexual will, of course, see sex work as an abuse of the expected women-use-sex-for-leverage/men-use-leverage-for-sex paradigm. More contemporary feminists, of course, see that paradigm itself as a abhorrent.
That doesn’t mean that sex work is all hunky dory or that we can all just take our clothes of and run naked. The dominant paradigm is, well, dominant. Especially among men who, as a (sex) class seem to be roughly 40 years behind the curve and thus even more mired in the transactional model of sex. (As I’ve mentioned if not all sex-workers are female, virtually all customers are male.) Until that changes, one way or another, and until the idea that sex is inevitably transactional is turned around, certain elements of sex work will remain problematic.
Holly of The Pervocracy, an EMT, says what needs to be said to put sex work in context it needs to be put in. (Emphasis mine.)
Personally, I think legalization is the only way prostitution can be made safe. Prostitution isn’t inherently dangerous because it’s sexual; it’s dangerous because it’s marginal. Predators don’t attack people in sex shops or strip bars or or swingers’ clubs, they don’t go where sex is, they go where women with no legal protection or organizational safety measures are.
There’s a whole lot more to say, much of which she says very well. But that’s the bottom line: predators don’t go where sex is, they go where women with no legal protection or organizational safety measures are.

Comic by Modern Hooker. Used with permission from the artist.
I love this comic. It just says what ought to be official policy. If, and only if, sex-work isn’t going to go away using all the methods available of course… oh wait! Making it illegal doesn’t seem to make it safe. In fact, instead, since sex-workers can’t call the police, or even solicit orders from the chief of police, or even collaborate on street safety without risking running afoul of RICO anti-racketeering statutes, or even having _all their property summarily confiscated if they show up on police radar at all.
Another image, though, from her “borrow” page

Image by Modern Hooker. Appears to be freely postable.
Her blog over at Wordpress is pretty sharp too.
Before New Zealand passed it’s Prostitution Reform Act, which very generally decriminalized small/independent sex work while regulating brothels, legalization advocates frequently pointed to Holland’s approach. While the Dutch were less punitive and at least nominally more “progressive” than, say, Australia or, worse, Nevada (both of which primarily benefit brothel owners at the expense of actual sex workers) I didn’t think they were that great. The big issue was that prostitution there was, and presumably still is, legal only for Dutch citizens and possibly documented immigrants. That did nothing for the fairly large proportion of undocumented, illegal population of sex workers, subjecting them to the same dangerous twilight working conditions predatory traffickers, pimps, cops, and customers as illegal sex workers in, say, the U.S.
Overall New Zealand’s law was a big improvement but, it turns out, they share the same unfortunate citizen/immigrant distinction Holland does.
Laura AgustÃÂn of Border Thinking on Migration, Culture, Economy and Sex explains (emphasis mine)
Many rights activists who back this legal model are not aware of a protectionist clause enshrined in the legislation: only New Zealand citizens and some, not all, migrants with permanent residency may work in its sex industry. This means no work permits are available for people who might want to go to New Zealand to work in a brothel or other sex business, or independently. Spokespeople for the law claim this clause prevents sex trafficking.
For those interested in sex work rights and theory, this is not coherent. New Zealand’s law can be called both decriminalisation, a policy that says sex work is socially acceptable, and regulation, which says sex work can be made safe and rational. Therefore, if jobs are available, it is logical to allow people from outside to come do them. If the jobs have not been made subject to quotas because there are not enough openings to satisfy all the ‘natives’ that want them, but ‘foreigners’ are still prohibited, something odd is going on.
“For those interested in sex work rights and theory, this is not coherent.” That sums it up rather nicely. The problem is that by definition trafficked people aren’t just in the country illegally, their work situation is involuntary. (Even when the nature of their work isn’t.) Therefore, far from improving the lot of migrant sex workers, legalizing sex work for citizens but not illegals (or, for that matter, keeping “illegals” illegal) means that just as in Holland those sex workers who migrate or are trafficked into New Zealand have fewer options and less latitude to pursue them.
My point, as always, not being that prostitution is just the greatest, most sensiblest industry on the planet and so it should be all hunky-dory and legal like. Instead it’s that if we’re going to have prostitution and other forms of sex work, and for better or worse we do, and if it can be reasonably argued that sex work can be subject to illegal coercion, peonage, and appropriation of earnings, and it can, then making sex work per se illegal, as we do, or worse, legal for citizens but not for migrants, which New Zealand, Holland, and other states do, makes life harder for those workers rather than easier, more dangerous rather than safer, and more rather than less subject to coercion, extortion, and exploitation… in other words less subject to trafficking.
Also via Research Blogging, Christie Lynn of Observations of a Nerd says neither doh! both the “but she looked 18” and “but I was too drunk to tell” defenses against statutory rape are bogus.
Many accused of statutory rape claim two things – 1) that the girl consented and 2) that they thought she was older. The first is unimportant – if the girl is underage, it’s still rape. But in the US, there is a special defense clause which allows defendents leiniency if there is reasonable evidence they “mistook” a younger girl for one of consenting age. Many times lawyers claim that a girl’s makeup or guy’s consumption of alcohol impaired the offender’s judgement of her age. As an excuse, it’s pretty common among men charged with all varieties of sex with a minor. Well, researchers wanted to see if those factors really had an effect on how men (and women) estimated a girl’s age. The results are clear: alcohol had no effect on a man’s estimate of a girl’s age, and makeup had little.
There are some half-hearted attempts to but… but… but… from her commenters but overall the conclusion is the more “real world” you make the tests (adding voice or conversation, for instance) the less likely it becomes to legitimately mistake a child for an adult.
And does this have bearing on anything? Why yes, I believe it does!
The study Lynn based her post on acknowledged a fairly consistent age overestimation of roughly two and a half years. Which might make the error plausible for older underage sex workers. But… given that a) ignorance of the law is no excuse and b) a generally accepted age of first-entry into sex work is closer to 13 than 15.5 I’m feel even more attached to my strong preference for prosecuting customers of prostituted children and/or child prostitutes for child sex crimes instead of the far more lenient laws intended to police hiring sex-working adults. (Obviously I think hiring, or being, a non-coerced adult sex worker shouldn’t be a crime at all. Hiring a child, however, especially in the face of the finding Lynn reports, ought to be prosecuted with chilling ruthlessness.)
Hortense of Jezebel has some good news
Several states have begun taking steps to better protect teenagers who end up in prostitution rings, treating the teen prostitutes not as criminals, but as victims of abuse, and charging their pimps with human trafficking.
Prosecutor Nancy O’Malley, who wrote California’s sexually exploited minors law, tells Christina Hoag of the Associated Press: “This is an institutional shift. It’s about getting people to shift their attention and judgment from the minor and seeing what’s beyond this criminal behavior.” Several other states, including New York, are following suit, offering rehabilitation programs rather than jail time for children caught up in the sex trade.
The thing is there’s a bit of a chicken/egg problem with legalizing adult sex work: because it’s currently a criminal enterprise criminals have considerable latitude to not engage in activities that ought to be legal but also to engage in acts that decidedly shouldn’t. Yet resistance to legalization is high precisely because of the corners criminals cut. Corner cutting, incidentally, that legal or decriminalized sex workers would be unlikely to tolerate were it legal and non-jeopardizing for them to complain. But I digress.
The real point is that conflicting social priorities have tended to treat prostitutes in general, and child-prostitutes in particular as nominal victims but actual criminals (see item #1 in the Two Rules of Desire. Especially since victims of child prostitution are generally seen as especially “broken” since they’ve already had Teh Sex and all.) Anyway a move to instead treat child-sex laborers as actual victims is pretty welcome.
The next step in that direction, of course, would be to prosecute pimps and customers with (generally overreactive but in this case laudably and, even better, enduringly punitive) child-sex and child-exploitation offenses. As it currently stands sex with a minor tends to be “washed away” if the child is a sex worker. Turning that on its head where prosecutors disregarded the sex-work angle and simply started putting customers on life-long, wherever-you-live sex-offender registries would have a marvelously “chilling” effect on customers who currently needn’t worry at all about age.
Anyway, if you’re anti-sex-work you should be fine with that. And if you’re pro-sex-work you should be fine with that too. Any time the question of legalization comes up the anti-sex-work side raises the child-prostitution issue. The best thing the decriminalization/legalization side could do is take the issue away from their opponents with vocal support for initiatives like Nancy O’Malley’s.