prostitution legalization

Questioning, But Not Challenging, Lawrence Taylor's Indictment for Raping a Sex-Trafficked 16-Year-Old

A staffer at TMZ Sports says

A woman has come forward in the Lawrence Taylor case to say the NFL legend did not have sex with the 16-year-old girl he is accused of raping.

The witness — a 23-year-old stripper who says she was living with the 16-year-old girl and her alleged pimp at the time — gave a sworn statement to investigators from the defense team, saying she was waiting outside the hotel at the time of the alleged incident. According to the AP, the woman says the teenager returned to the car with $300 in cash and said, “It was weird … we didn’t even have sex.”

Read the quote in context here.

According to another source, nfl.fanhouse.com, the defense witness claims “Taylor rubbed himself on the girl, but they did not have sex.” Which, I guess, is supposed to make it all better.

At the end of the day, though, what really matters… what the case boils down to… what’s wrong with the entire picture can be summed up in something else the woman is reported to have been concerned about. Again from the nfl.fanhouse newswire

The woman said in her statement that she did not come forward initially because she worried she would get in trouble because she knew the girl was underage.

Um. Yeah. She was living with this 51-year-old pimp and a 16-year-old girl she knew he was pimping, she accompanied the girl and the pimp to a customer’s hotel room and stood outside waiting while an act of teen prostitution took place. If it wasn’t for the evident fact that the word “prostitution” magically washes away all traces of “statutory rape,” “sexual assault of a child,” “sex offender registry,” “corruption of a minor,” and every other offense prosecutors, judges, and juries are usually (and, I think, correctly) willing to throw at people who have sex with minors, the woman had every reason to worry she’d get in trouble.

For that matter I’m really inclined to question (but certainly not challenge) the rape charges leveled against Taylor in the first place. It’s extremely unusual for prosecutors to charge johns with sexual assault… even when the johns commit violent assault against adult sex workers rather than statutory sexual assault against minor ones.

I’m not knocking their decision because I think it’s a really good idea to hold johns accountable for not meticulously verifying the age of the sex workers they hire. (Taylor claims he asked and the girl told him she was 19. Which doesn’t wash in my book — if she’d said she was Mother Theresa he’d probably have asked to see her ID so…)

But it’s so unusual I’m curious about the particulars that led to this, well, particular charge being brought.

Anyway, bottom line here is that a) yes, whatever one can say about voluntary, entrepreneurial sex work there are also sex workers who are conscripted and coerced, sometimes by violence, b) yes, whatever one can say about consenting adults we do not say the same thing about minors, even consenting ones, and c) while it’s laudable that prosecutors appear to be charging Lawrence with rape and the pimp with sex trafficking they’re still failing to bring with perfectly-accurate and well-deserved charges against them for crimes that would put them on sex-offender registries for life.

It’s perfectly possible to support legalizing the sale and purchase of sexual services from autonomous, uncoerced adults (as I am, even though I’m not terrifically enthusiastic about it) while also supporting draconian measures against the sale or purchase of sexual access to the bodies of those who are conscripted, coerced, trafficked, or otherwise unable to freely and legally consent.

It’s a mistake to imagine that rape is the right word for voluntary commercial sexual services. It’s an even bigger mistake to imagine any other word will do for those who are coerced into sexual servitude.

Police Don't Really Protect Victims of Battery or Sexual Assault... Why Believe They "Protect" Sex Workers?

Amanda Brooks of Bound, Not Gagged posts the story of a 40-year-old business owner and mother of three who was arrested while moonlighting as an escort. One needn’t favor legalization of sex work (as I do) to appreciate either her story or the following, really fucking critical point:

When I called the police after being beaten by my first husband, they refused to protect me. In fact, they blamed me for his drinking and womanizing. Even after the doctors told the cops that I was one blow from having my skull shattered, they blamed me. When I was brutally raped on a date rape, kicking and screaming, and went to the police, they did nothing. They blamed me because I’d been drinking. And, you know, for being female. Great. So now I’m happily making money, stimulating both the economy and the gentlemen of the area, and here they are banging down my door. Like the Gestapo. They told me they were “protecting” me. From what? As an escort, I could afford condoms, blood screens, regular medical checks. Gentlemen who are willing to pay for sex are, in my experience, much more respectful than the ones who expect it for free. The ones who raped and battered me were getting free sex. The ones who paid, were kind and respectful.

She said it here.

Point #1: the police (or, more correctly, society and its instructions to and constraints on police) aren’t particularly effective at protecting women from assault, abuse, rape, or battery. Consequently anyone who argues they’re trying to “protect” the sex workers they rescue is a liar.

Point #2: Considering the conservative bona fides of your average anti-prostitution activist, her words about the differences between men who pay for sex and the men who expect it for free ought to resonate with Über-conservative silverback Newt Gingrich’s repeated point that humans have an astonishing tendency to abuse and neglect that which they don’t pay for. I happen to believe Gingrich is mostly batshit insane, but that shouldn’t be a problem for conservatives. The point remains, though, that in the eyes of their abusers there really doesn’t appear to be much more consideration, nor less resentment, of sex workers who charge men for money, and “ordinary” sex-partners who don’t.

Point #3: How exactly is it the case that notifying a sex worker’s employer (who, fortunately in this case, was also her daylight-business partner) “protecting” her? The common reaction for employers (all too common!) is to find cause to fire the sex worker, with the result that her odds of leaving sex work go down. And her odds of having to return to sex work go up.

Point #4: None of this implies that all sex workers are hearty, happy self-determined entrepreneurs. Many are not. Many, in fact, not only don’t enjoy their work but are trapped either by circumstance, conscription, or outright coercion! It’s not exactly clear to me, however, how making their work or even their customers illegal improves anyone’s odds of getting out or moving on. Based on conversations with individuals who’ve made poor choices in the past, it’s not clear to me at all how an arrest record, let alone a conviction record, let alone a jail record, let alone public record of one’s activities, makes any form of employment other than either marginal/minimum-wage or criminal ones possible.

Point #5: If society and/or the police really were interested in protecting sex workers they’re fucking protect sex workers instead of, well, policing them. Instead of arresting them they’d let sex workers put their numbers in speed dial. Instead of arresting them they’d establish clear relationships with sex workers and sex-worker alliances to instead police of the very-large number of people who currently get away with raping, robbing, roughing up, and murdering sex workers (and, cough, non-sex workers.)

Point #6: As I said above, you don’t have to like prostitution to see the arguably-intractable problems with current policies regarding its legality.

Sex Worker Sues John for Removing Condom and Other Benefits of New Zealand Model of Prostitution

Via Laura Agustín of Border Thinking on Migration, Culture, Economy and Sex, a report out of New Zealand discusses one of the non-surprising benefits of their recent legalization of prostitution: increased leverage for prostitutes in relation to their customers.

After interviewing 772 sex workers, Otago University’s Gillian Abel found workers are more empowered to insist on safe sex and assert employment rights with both brothel operators and clients. Relationships with police have also improved.

‘When it was criminalised, the negotiations were much more covert to try and enforce condom use, whereas now they’ve got the law behind them. One sex worker in Christchurch has taken a client to court for removing a condom. ‘

Read the quote in context here.

One needn’t be enthusiastic about prostitution as a cultural institution to see this as a very, very positive outcome.

The power imbalance between typical workers on the one hand, and their customers, employers/agents, and law enforcement on the other is a huge, huge problem that’s further exacerbated by criminalization. In particular, independent of any social or philosophical problems one might have with sex work*, or legalization of it, and independent of any questions of whether sex work “empowers” those who do it, the blunt fact of legalization provides a tremendous lever that has traditionally been unavailable in negotiations with customers, employers such as pimps or escort agencies, and law-enforcement or other civil entities.

If you’re pro-sex-work it’s a positive development because it brings prostitution a lot closer to the level of enforceable civil and workplace law all other employed or self-employed worker have the right to receive — for instance the right to take legal action against a customer, employer, police officer, or passer by who attempts to rob, rape, rough them up… or even just refuse to leave on a condom. And if you’re anti-sex-trafficking it’s a positive development because it makes it far, far easier for coerced sex workers to come forward and, perhaps even more importantly, it gives sex workers themselves legal avenues for reporting when they become aware of other workers who are being coerced.**

In fact the only two kinds of people I think would be bothered by the direction of this change in the sex-worker status-quo would be people like pimps, cops, and johns who believe sex workers should have no autonomy and no rights because that gives them virtually unlimited power to exploit them and… sex-work abolitionists who believe sex workers should have no autonomy and no rights because that gives them virtually unlimited power to “rescue” them. (Hmm… gee, see a pattern there?)

* And I do have problems with it. The biggest, by far, being the way sex work appears in terms of the no-sex class paradigm’s construction of heterosexual sex as perpetually scarce, inevitably transactional, and desire as necessarily disjoint (men want sex, women want something else) rather than matched. Consequently sex work for me is a symptom rather than a root cause, and therefore there’s zero benefit to society, and quite a bit of harm for workers and even customers, in opposing it in isolation.

** I’m actually curious whether law-enforcement and social-service groups where prostitution isn’t illegal ever recruit legal sex workers to help identify sex workers who really are coerced. To the extent sex workers are altruistic they’re likely to be as concerned about coercion as any other law-abiding citizen. And to the extent they’re no more altruistic than any other law-abiding citizen there’s still the fact that illegal or coerced workers undercut both safety and prices.

Obama's Reflex Sex-Work Answer Limits Opportunities to Find Effective Answers

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.

He said it here.

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.

More on Why Street/Subsistance Prostitutes Are Such Easy Targets for Serial Killers... and Everyone Else

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.

Times Online, Nov. 4

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.

"You're just another crack whore from the street. No one will know if you're missing?" Worse, He Seems to be Right.

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.

Read the quote in context here.

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”)

Knowing What We "Know" About Pimps, Why Bother to Fact-Check a Name?

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.

Source: Seattle Times

But not a man.

(Via The Slog)

—-

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.

It's Not About Capitalism, It's About Teh Sex

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.

She said it here.

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.

—-

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.

Legalization: It's Not About Sexuality, It's About Marginalization

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.

She said it here.

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.

"A Girl Can Dream" Comic From Modern Hooker


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.

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