sex work

I'm Pretty Sure Legal Sex Work is Safer Than Illegal Sex Work -- There Should be Fairly Simple Ways to Find Out

Thu, 2012-02-02 17:13

An interesting exchange posted at Sex Worker Problems raises what seems like an imminently testable research question into whether or not sex-work legalization increases or decreases worker safety. First, here's the post

Anonymous asked

I am a dancer. Yes, though I may face social stigma as well, my cash flow is at least legal, so I couldn't even imagine the terror of possibly facing legal issues to earn my income. Out of curiosity... is the issue of illegality daunting/frustrating/scary? --- Much love and respect. This blog is amazing.

Thank you so much! The issue of illegality IS really daunting and scary. There are of course all kinds of resources for sex workers to do their best to screen clients, but yeah, the likelihood that a cop or a serial killer might be the next person you meet is… well it’s not high, really, but it’s much higher than it is in a lot of other occupations.

Source: Sex Worker Problems

And now here's the research question. Two questions, really.  Ok, actually maybe a whole series.

First, what are the assault, robbery, on the job harassment, and law-enforcement-action rates against dancers vs. otherwise comparable non-dance customer-contact employees (wait staff, bartenders, greeters, etc.) in "strip clubs?"

Next, what are the assault, robbery, harassment, and law-enforcement-action rates against dancers vs. otherwise comparable non-dance customer-contact employees in non-"stripper" bars and nightclubs?

In both these cases, above, both indicated professions are legal.  (The comparisons would be even more informative if data could also be gathered in areas where dancing is not legal.)

Next question, slightly further afield:

What are the assault, robbery, harassment, and law-enforcement-action rates against "escort" sex workers vs. otherwise comparable non-dance customer-contact workers who work in similar circumstances (e.g. massage therapists, housecleaners, or even legal "strip-o-gram" delivery persons.)

Offhand my guess would be that in all cases where both sets of professions are legal rates will be fairly similar.  My further guess would be that in all cases where one set of professions is legal but the other is not, workers in the non-legal arena are subject to considerably greater jeopardy.

I'm... pretty sure the results would not be prediction-defying.  It's also entirely possible that the research has already been done.

Still, considering the rather incessant drumbeat about the relative perils of legalized vs. non-legal sex work it would be nice to have some solid data to base actual policy on.

More Evidence That Using Possession of Condoms as Probable Cause for of Sex Workers Is a Really Bad Idea

Mon, 2011-11-14 12:43

New York based sex-worker advocate Crystal DeBoise has a positively charming example of how anti-prostitution tactics produce results we'd... probably rather not have produced.

Last winter, “Sheila,” a sex worker in her early 20s, had just finished her counseling session with me at the Sex Workers Project, and was heading out the door. Sheila was seeking counseling from the Sex Workers Project to help her make a career change, but had no financial support and was still working in the sex industry. I gestured towards our colorful shoebox of condoms, lube and pamphlets about safe sex and reminded her to take whatever she needed. She looked at me as if I were suggesting she walk into the January snow barefoot and said, “Are you crazy? I’m not carrying those things around! You want me to get arrested or something?”

Sheila was referring to a situation in New York that permits the use of condoms as evidence of prostitution, resulting in their collection and confiscation from women who are detained by the police. This practice is an outright slap in the face to the decades of hard work that public health advocates have undertaken to increase safe sex, decrease HIV and create a positive shift in the cultural acceptance of condom use. This policy discourages a stigmatized and marginalized group of sexually active people from carrying the tools they need to be healthy and safe. And this occurs despite the fact that the New York City itself runs a free condom distribution program because “Using a condom every time you have anal, oral or vaginal sex protects you and your partners from getting HIV and other sexually transmitted diseases … and prevents unplanned pregnancies.”

Source: Feministe

I'm pretty sure you could find the random conservative fundamentalist, or cartoonishly stereotypical pimp, or neo-conservative "feminist," or trans-phobist, or heck, even gay basher who really, truely doesn't care that sex workers are discouraged from protecting themselves or their customers from illness or death by anti-condom police policies.  But I don't think you'd find very many.   Therefore I'm not sure what, exactly, the appeal of the we'll bust you if we catch you with condoms policy really is.

Yes, Roxanne, Put On The Red Light

Mon, 2011-10-31 09:40

Helpful, concise definition from SW2 at Yes, Roxanne, Put On The Red Light in response to a reader who asked "I was just wondering if you could explain what exactly a 'sex worker' is? (She ends by explaining why she and her fellow authors started their blog.)

Good question!!

A sex worker is paid to do sexy things, basically. If a person is paid to turn someone else on and/or get someone else off, they are a sex worker. This includes up-close and in-person sex workers like happy ending masseuses and masseurs, strippers, professional dominants, and prostitutes. It also includes sex workers who work at a bit of a remove or on the mental aspects of arousal such as peep show and web cam performers and phone sex operators. Because we all basically sell sex in one form or another, and we must all deal with our work being stigmatized and devalued, if not outright criminalized, we made this blog to share, commiserate, laugh, bitch, tell stories, and keep each other company.

Source: Yes, Roxanne, Put On The Red Light.

Their blog has an interesting format -- generally a series of red ("sex worker problems") or purple ("sex worker perks") decorated boxes with Twitter-length single words, phrases, or sentences. The authors are all current or former sex workers. According to their intro, one of them hates sex work, the other two love it. At least so far it's been quite active. They encourage contributions from other sex workers. I've added it to the blogroll.

From Nova Scotia to Washington State, Sex Workers Have Human Faces, Human Lives

Wed, 2011-10-12 19:07


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Margo DeMello, reflecting on why a Nova Scotia NGO's initiative to humanize sex workers in the minds of the public is important.

Stepping Stone’s executive director, Rene Ross, points out that every time a prostitute is killed—sex workers have a mortality rate 40 times higher than the Canadian national average—media accounts emphasize that the victim was a prostitute, but not that she (or he) was also a mother, daughter, friend or, for example, animal lover. By thinking of sex workers only in terms of their stigmatized occupation, we don’t have to care about them as people.

In New Mexico, where I live, the remains of eleven women (and the unborn fetus of one) were found buried on a mesa outside of Albuquerque in 2009. The women had disappeared between 2003 and 2005, and most, according to police, were involved with drugs and/or prostitution. Why did it take the police so long to find the bodies of these women, and why do their murders still remain unsolved? Some observers have suggested that because the women were—or were alleged to be—prostitutes, there was less pressure to find them after they went missing, or to solve their murders once their bodies were found. As long as the victims were sex workers, then the non-sex worker public can feel safe in the knowledge that they are not at risk. We know that prostitution is dangerous, so it’s expected that some of them will die grisly deaths, and be buried like trash on a mesa outside of town.

Source: Sociological Images

Yeah, it's really important to portray sex workers as people. Not just because they're actually people but because enough people seem to think they're not people that a) some people think it's really ok to rob, rape, assault, or murder them, and b) waaaaay too many other people who don't actually commit those crimes seem to agree that, yeah, it's ok to do that stuff to them. Because, as Green River serial killer Gary Ridgway put it, "I thought I was doing you guys a favor, killing, killing prostitutes ... Here you guys can't control them, but I can."

While researching this post I learned that Ridgway dumped the body of one of his victims near the parking lot of the hospital where my daughter was born -- just a nine minute drive from my neighborhood.

If that victim had been the only one, and if Ridgway was the only criminal who calculatedly chose sex workers, then maybe this wouldn't be a big deal. But as DeMello says in her article being a sex worker is 40 times more dangerous than the average job -- more dangerous than coal mining, more dangerous than crab fishing in the Bering Sea. They're people. They should be treated like people, not garbage.

Dacia Ray: Sex Work Decriminalization is a State and Local Issue, Start There

Thu, 2011-09-29 12:30

Audacia Ray says

Embarrassing Sex Worker Activism:

WE PETITION THE OBAMA ADMINISTRATION TO: Decriminalize the practice/occupation of engaging in sexual activity between consenting adults in exchange for payment.

Dear sex worker activists: the Obama administration cannot make this happen. The criminal code is codified at a state level.

If you want to “decriminalize” aka chip away at the legal system that does harm in our lives, start researching the laws in place in your state and city that do this harm. There are lots of local laws that discriminate against sex workers and people profiled as sex workers. Like the fact that condoms can be used as evidence of prostitution, or that until it was defeated this summer, people profiled as sex workers (esp trans women of color) in Louisiana were being put on the sex offender registry.

Source: Waking Vixen

If you follow Dacia's link to the petition at WhiteHouse.gov you'll see the details of the petition are nice but vague, and that while the stated goal is "Signatures needed by Oct. 27, 2011 to reach goal of 5000," the "Total signatures on this petition," at least at the moment, are... 45.

Actually I expect the petitioners were hoping for the President to direct agencies under the control of the executive branch to back off, say, cooperation with multi-state law-enforcement "sweeps" or something.  Which wouldn't hurt.  But even then, since even then the initiatives arise from state and local levels and federal agencies such as the FBI really do mostly just cooperate, she's right that the place to go to work on this stuff is the state and local levels.

Which, since very often what's needed are human faces at human scale, local jurisdictions are probably the right place to make your cases.  And also very often it's the petty outrages like condom carrying as evidence, or sex work as sex offense* that cause the biggest law-related headaches.  And it's also often the merely venal outrages like cops shaking down sex workers for free "dates" as part of the "cost of doing business" that local activism is more likely to have some influence over.

I'd add that it probably really is state and local level activism that'll help incubate "best practices" decriminalization in the long run.  Because as we can tell from Sweden to Nevada to Holland to Australia to Vancouver(!) there are a lot of ways to do it wrong too.

Also, groundswell!  5,000,000 marchers on the D.C. Mall rarely have much impact, even with the backing of FOX news, so 5,000 petition signatures isn't going to cut it either.  If you're going to make a difference I'm... pretty sure it's going to have to be from the bottom up.

* Though, of course, never, oh never, is a customer put on the offender registry.  Even when the sex worker they select is working under duress.  Even when the sex worker they select is working under *age!*http://brilliantatbreakfast.blogspot.com/2011/09/big-dick-goes-to-canadian-pedophile.html

On Peculiar but Not Unforseeable Outcomes of the Swedish Model of Sex-Work Prohibition

Thu, 2011-09-08 18:34

A month or so ago Hexy outlined one of the problems with the egregious Swedish Model of sex work "legalization."

It’s also worth noting that, under the Swedish model of policing sex work, if the police interrupt a sex work transaction, the sex worker is taken into custody.

Source: Feministe

She adds

Sex workers in Sweden have had their children removed from them when it was found that they engaged in sex work, even though doing sex work is not a criminal activity.

And then there's this

Most disturbingly, the strict pimping laws apply to people who live with sex workers (the good old ‘living off the earnings’ schtick) which may include partners and even sex workers’ children. There have been cases in Sweden already where sex workers have had their grownup children charged with pimping because they were living with them and not paying rent.

While this seems insane from an outside perspective it arises more from a serious disconnect between the feminist ideals of the law (whatever one thinks of the consequent essentialism, denial of agency, fairness, safety implications, or effectiveness) and the implementation by those who may pay only lip service to those ideals.

The strong impression I’ve gotten from people who do sex-work advocacy and research in Sweden say that whereas sex work is nominally legal, and sex workers nominally victims, in practice they’re often treated as material witnesses to illegally being a customer. With the result that being detained for income-robbing periods or having your minor or adult children threatened are just fairly typical procedures used by police almost everywhere to essentially extort cooperation.

This “material witness” ploy is evidently one of the reasons sex workers retreat back into areas that aren’t regularly patrolled by (non-corrupt) police — with the same increases of risk of rape, robbery, assault, police shakedowns, coercion into trafficking situations, or of course serial murder as we see in the standard U.S. model where sex workers are considered the criminals and customers are just naughty boys who sometimes have to go to John school.

I still don’t care much for the role sex work plays in the transactional model of sex, but I hate the kind of calculated immiseration and endangerment of sex workers that's nominally done in the name of "protecting" them.

Did You Know Victorian England Had a "Superflouous Women" Problem? Do You Know How They Thought They Could Solve It?

Thu, 2011-09-01 16:17

While looking for other information pertaining to the "sexual revolution" in the Victorian era (actually I was just looking for information about what people were wearing during that period) I stumbled across the following in a paragraph about sex work of all things in Wikipedia (emphasis mine.)

When the United Kingdom Census 1851 publicly revealed a 4% demographic imbalance in favour of women (i.e., 4% more women than men), the problem of prostitution began to shift from a moral/religious cause to a socio-economic one. The 1851 census showed that the population of Great Britain was roughly 18 million; this meant that roughly 750,000 women would remain unmarried simply because there were not enough men. These women came to be referred to as "superfluous women" or "redundant women", and many essays were published discussing what, precisely, ought to be done with them. "Why are Women Redundant" William Rathbone Greg, N. Trubner & Co. 1869]

Source: Wikipedia: Victorian Era

Wading as far as I could through Greg and Trubner's Victorian prose is difficult (here's a link to the Google Books version) it looks like they don't believe it's a problem that some women through virtue, commitment or genius preferred not to marry at all, nor is it the incredibly large number who worked as domestic servants. Instead it's because

We will be plain, because we wish both to be brief and to be true. So many women are single because so many men are profligate. Probably, among all the sources of the social anomaly in question, this, if fully analyzed, would be found to be the most fertile, and to lie the deepest. The case lies in a nut-shell. Few men -- incalculably few -- are truly celibate by nature or by choice. There are few who would not purchase love, or the indulgences which are its coarse equivalents, by the surrender or the curtailment of nearly all other luxuries and fancies, if they could obtain them on no cheaper terms. In a word, few -- comparatively very few -- would not marry as soon as they could maintain a wife in anything like decency or comfort, if only through marriage they could satisfy their craving and gratify their passions.

If their sole choice lay between entire chastity -- a celibacy as strict and absolute as that of women* -- or obedience to the natural dictates of the senses and the heart in only legitimate mode the decision of nine out of ten of those who now remain bachelors during the whole or a great portion of their lives would, there can be no doubt, be in favour of marriage.

Source: Why Women are Redundant, pg. 27

In other words, if there hadn't so many sex workers in the Victorian era there wouldn't have been a "surplus" of women. Because, you know, men who wanted to "quench their passions" would have to resort to... gasp... wives!

This from an era that allegedly revered women's purity above all else.

What.

Ever.

* Note the implication both of women as the "no-sex" class and men as the obligatory "sex class?"

Unsolicited Vs, Um, Solicited: Should Sen.Vitter Resign if Rep. Weiner Should? Depends!

Wed, 2011-06-08 13:35

Photo by Flickr user aagius. Cached as a bandwidth-conserving courtesy
Photo by Flickr user aagius. Used under a Creative Commons license.

In one very, very specific sense there's not a moral equivalency between what we know about Rep. Anthony Weiner's behavior and that of Sen. David Vitter. And in that narrow specific, narrow sense it is not the case that if Weiner should resign then Vitter should resign as well.*

As it happens this narrow, specific sense is probably anathema to the conservatives who are clamoring for Weiner's resignation, but we already know they're fucking hypocrites and partisan assholes. The consequent fact that their moral opinions are worth exactly zero doesn't change the equation, however.

So here's the deal.

When a particular woman semi-randomly caught Rep. Weiner's eye he evidently sent them unsolicited photos of his bulgy underwear. Without prior agreement that's (social if not legal) harassment and sexual imposition without consent. And from a moral standpoint that's pretty objectionable whether or not the objects of his solicitations wound up appreciating his, um, attention.

Senator Vitters, on the other hand, did not courier unsolicited soiled baby-play-fetish diapers to semi-random women. Instead he hired and paid consenting adult sex workers agreed-upon sums to let him pretend to suckle milk from their breasts and to hold his feet high over his head while they unpinned his diapers, cleansed his soiled groin, and presumably "finished him off" with previously-agreed-upon manual, oral, or penetrative sex. And from a moral standpoint that's entirely unobjectionable in the sense that to the extent one could ask Rep. Weiner to resign one could not automatically demand Sen. Vitter to resign as well.

Frankly I believe Senator Shumer, Senator Reid, Minority Leader Pelosi* should stand up before their respective august bodies and, in the spirit of bipartisanship and fairness, recite my argument exactly.

Furthermore, in my own reach across the aisle I invite partisan Republican bloggers, pundits, and politicians to freely repost or reuse my points in their castigations of Weiner and their equally full-throated defenses of Vitter.

Because, no, really, seriously, in all honesty it really is narrowly and specifically far more immoral to mail unsolicited photos of one's underwear than it is to pay an informed, consenting adult to baby-wipe your ass and then jack you off while saying "ootchi, gootchi, goo naughty baby Davey."

Just sayin'

* There are numerous other related reasons why Sen. Vitter should have resigned.  And been castigated by his peers.  And been voted out of office if he refused to resign.  This just isn't one of them.

** Or possibly Sen. Frankin since I'm pretty sure he could do it with a straight face.

Finally, a Credible, No-Drama Economic Assessment of Prostitution in America Offers Nuanced Policy Recommendations

Thu, 2011-05-19 10:44

Via Em & Lo Jennifer Hafer, a PhD candidate at the University of Arkansas Walton School of Business working under the supervision of Prof. Amy Farmer, has done a non-gonzo, non-freakonomics analysis of women's entry into prostitution.

Contrary to assumptions that women enter the prostitution market only because they are desperate – that they need money to pay bills or buy drugs – the study indicates that many women, especially educated, affluent women, are making a rational decision to enter certain segments of the prostitution market. However, the research confirmed that women do not explicitly choose to enter the streetwalking segment of the prostitution market.

“Our model demonstrated that the prostitution market may be pulling educated women – these so-called ‘high-opportunity-cost’ women – out of the conventional labor market and the marriage market, in many cases,” said Jennifer Hafer, a doctoral student in the Graduate School of Business at the University of Arkansas. “The findings suggest that these women are not forced into the prostitution market but rather choose to enter it for many of the same reasons that people enter the conventional job market – money, stability, autonomy and even job satisfaction.”

Source: University of Arkansas Newswire

(Quick note: Obviously not all prostitutes are women, but since women are the subset Hafer chose to study that's what I'm going to talk about here.)

What I like about Hafer's work is that it just is what it is, an academic analysis of a poorly-understood category of work, minus all the eye-rolling, breathlessness, nervous chuckling, heart-of-golding, or you-go-girling that goes with too much other reporting on prostitution.

Another thing I like about her work is her entirely non-controversial division of prostitution into categories that conform to one traditional side's version of the story -- subsistence/street prostitution which people with other options would generally avoid, and the other traditional side's version -- work that is undertaken with greater or lesser degrees of enthusiasms but that is also undertaken voluntarily and optionally.

The problem with most conventional debates being that if you can't agree on your definitions then you can't have an argument.  And one of the problems with definition is that in most people's minds "prostitution" equals "street/subsistence prostitution."  That's significant because a) street/subsistence prostitutes are the most visible to passers by, b) they're the most-often depicted in pop-culture references, and c) as Hafer says, it's most often a job for people who'd rather be doing anything else (possibly but not necessarily including other, non-street prostitution.)

It's problematic because despite its visibility, and despite the fact that mainstream opponents frame that category of prostitution accounts for only about 15% of all prostitution.

The article ends with (gasp!) Hafer's discussion of intelligent policy implications.  (In my experience policy recommendations are fairly rare in research papers.  Intelligent ones even less so.)  There's something in it for everyone... or possibly something for everyone to object to depending on their prior assumptions:

Hafer discussed the findings’ potential impact on policy. Due to negative externalities, streetwalking should remain illegal with continued enforcement, she said. Based purely on the outcomes of the model, brothel prostitution should be legalized and regulated in expanded locations. Her policy attention to escort and Internet prostitution focused on regulation, such as licensing, health testing and possibly taxation, as a means to ensure safety and security for both the prostitute and the consumer. For the escort and Internet markets to be regulated, they must be legalized.

“The major question concerning policy is what is the overall goal?” Hafer said. “Is it better for society to make prostitution illegal in all circumstances? Legalize prostitution subject to regulation? If the demand for prostitution is present, there will always be supply.”

I think that's about right.  Street/subsistence prostitution is extraordinarily risky, and subject to incredible violence from pimps, traffickers, police, customers, passers by, and of course serial predators.  Whether it becomes legal or remains illegal it should still be vigorously policed and, to the extent possible, community organized.  I'm actually extremely wary of brothels.  I agree they should be legal but also think they should be heavily regulated in order to make sure first that they're not employing coerced or financially abused workers but also to make sure they're not the owner-friendly slut-shamed-employee hell holes they are in Nevada or Australia.  And middle and professional class prostitutes probably don't need to be regulated any more than any other sole-proprietor business or independent contractors are.

Finally, Hafer's final line seems like the key to a lot of the prostitution controversy.  As long as the demand is present supply will be present.  Since prostitution is by-definition transactional sex, and since transactional sex remains the dominant paradigm for all heterosexual sex, policing either prostitutes or customers only serves to increase the transaction cost... but leaves the transactional model completely intact.  It's my strong feeling that overturning the dominant paradigm would not only benefit all of heterosexuality in general, it would also reduce the role of prostitution, and the demand, to roughly the level of Arthur Murray dance instructors.

Amanda Brooks's Sister and the Spill-Over Effect on Non-Prostitutes of Keeping Prostitution Illegal

Mon, 2011-05-16 14:34

Sex-work activist and sex worker Amanda Brooks says

My sister is an LMT (licensed massage therapist). As I’ve stated here before, she has never had a desire to enter the adult industry in any capacity, though she too is drawn to service-industry work. (My feeling is that sex work straddles the entertainment and service industries, depending on what aspect of sex work we’re talking about.) She is happy doing fully-legal and non- wink wink nudge nudge massages. She offers a new perspective on the wisdom of criminalization. Okay, not totally new, but the way she put it was new to me.

Recently, an Asian massage parlour in her small city was busted. Of course the community crowed about getting rid of “those women” and naturally — since the women were “gone” then so were the men; who, of course, are members of the community and live right next door. Since the men seeking Happy Endings suddenly had nowhere to find women who consensually offered those services, they started haunting the local LMTs in hopes they would find a much-cheaper substitute.

All this does is annoy the LMTs or perhaps makes them feel threatened. LMTs do not want to fear permanently losing their license or dealing with an irate man in a small room. It certainly doesn’t make them happy to have to deal with a situation they do not want, time and time again. My sister prefers for a Happy Ending massage parlour to exist in her city because the men who wish to have that experience know exactly where to find it. The women who wish to offer it know where to go to make their living. Everyone does exactly what they wish and no one is forced into situations with very unhappy endings. The stupid laws making such consensual activities illegal just made her life a bit more difficult.

Source: After Hours

This is an ongoing source of annoyance for all manner of service workers from, of course, massage therapists to bartenders to hotel employees to, I don't think I'm going on a limb here, strippers and other "exotic" dancers.

As it happens there's a perfectly reasonable argument for why this isn't a good argument.  If LMTs, bartenders, and strippers don't want to be prostitutes what makes you think prostitutes want to be prostitutes?

Fortunately I've got an answer.

You don't need a lot of people who do want to be prostitutes to solve the communication problem for people who don't. Specifically, if prostitution is legal, even if prostitution is expensive, inconvenient, closely regulated, or even rare then when a customer starts hinting around an LMP can say "it sounds like you're asking if I do prostitution services.  I don't.  If you're interested in prostitution services I can refer you."

Now you could argue, again reasonably, that there's nothing stopping an LMP from doing this now should a customer get a little iffy, and thus no reason to legalize prostitution to solve this particular* problem.

I'd say close but no cigar.  First, if prostitution is illegal then soliciting a prostitute is illegal. Thus an LMP asking "it sounds like you're asking if I do prostitution services" is accusing a potential customer of committing a crime.  Second, it's also a crime to refer someone to a known provider of prostitution services, which makes difficult to send the customer on his (or somewhat possibly her) way with a minimum of fuss and bother for both parties.  And finally, without being able to refer a customer to a known provider or providers an LMT might be able to boost the customer out of his or her hair.  What the LMT can't be certain of, though, is that the customer won't simply go fishing at the next LMP in the phonebook... or, conversely, that one who's been sent away from the previous LMT in the book won't show up in their office next.

Since I know a number of LMTs I'm aware that they actually have to go to a fair amount of trouble to avoid iffy customers in the first place, and to steer them away when they're too thick to get the hint on the way in.  I also know there are a number of techniques a lot of therapists would offer if there wasn't a risk that in making those offers they weren't also inviting the interest of customers who might hope for more.  And finally, I know that LMTs actually have a tough time convincing lawmakers, non-sexworker customers, and customer's friends and families that massage therapy isn't some kind of "cover" for sex work.  It would be a lot easier for them if they could just say "no, what you're thinking about happens over there, not here."

I'm fairly confident that massage therapists are not the only non-sex-workers who'd benefit from clearer distinctions.

* There are other problems legalizing prostitution would solve but this is a post about, well, this problem.

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