legalization

Not Pretty Babies

Via Susie of Echidne of the Snakes and the current Carnival Against Sexual Violence here’s one of those “oh dear” statistics that goes around and around without much need for sourcing.

The average age of entry into prostitution today in the United States is 13 years old. Source: Fledgling Fund promo page for “Very Young Girls” documentary.

Let’s just assume it’s true for a minute, m’kay? Let’s go ahead and take it as given that the number of children who become prostitutes at or before age 13 is so vast that it overwhelms the collective ages of everybody who ever becomes a prostitute after age 13 — say ages 14 to 99 — such that the average prostitute becomes a prostitute at 13. In other words that the average prostitute begins her career in approximately 7th Grade (U.S.), or three years before she can get a driver’s license most places, five years before she can vote or sign contracts, and eight years before she can legally drink!

I gotta say that if that’s a correct statistic, that 13 is the average age of entry for all prostitutes in America, then that’s some kind of seriously fucked up situation.

So! Why stop with such frankly denial-inducing numbers? Why not magically translate the average age to, say 18? Would it change anything if a smaller fraction of people entered prostitution as children?

Why no! While it’s fine for adults to engage in affirmatively consensual commercial sex it’s not ok for children to. And certainly not for children to do so with the adults who make up the pronounced majority of customers. So it doesn’t really matter how many children wind up in prostitution, it’s just a bad idea for every reason you can imagine and a few maybe some people can’t.

Oh, and as long as we’re talking averages, a little Googling and a bit more Excel-ing indicates that a 13-year-old prostitute is also, based on an average of all states and territories, three and a half years shy of the age of consent.

Which in my mind should put offenders (i.e. customers and pimps) not only “John school” but also on sex-offender registries! (Because, seriously, “I didn’t know” just doesn’t cut it when you’ve gotten close enough to a barely-out-of-elementary-school-aged child to have sex with her.)

There’s a fly in the ointment, though, for those who’d prefer to push a pedophile rap on those who traffic in school children. As the Fledgling Fund page puts it

A man who has sex with an underage girl should be prosecuted as a criminal rapist. But there is a loophole: if the child accepts money in exchange for sex, the rapist is now a “john” and rarely is subjected to greater punishment than a fine. For the very same act, the girl is often prosecuted as a prostitute and sent into detention.

Charming how that works. A city-commissioned report by cultural anthropologist Debra Boyer called “Who Pays the Price? Assessment of Youth Involvement in Prostitution in Seattle” (pdf) concurs:

The routine fine for those arrested for “patronizing” is $500 although the maximum that can be imposed is $1,000.

Just a fine for the hatful of customers who manage to get caught having sex with legal minors? Definitely not ok.

And not to be a stick about legalization or anything but, y’know, if

  • prostitution was legal for adults, and
  • (unlike the “Swedish” model) it wasn’t illegal in the first place for customers to hire prostitutes, and
  • paying for sex with minors didn’t magically reduce pedophilia to philandering, and
  • law enforcement officials and prosecutors credibly brought no-excuse sex-offender charges against those who have sex with underage prostitutes

Then I’m just guessing that prospective customers who didn’t want to have to worry about their names showing up on fliers every time they moved into a new neighborhood might not just ask for but closely inspect sex-worker’s documents before proceeding.

And just to break down my list a little, when prostitution is illegal under every circumstances and, especially, when being a customer is already illegal under every circumstance (as it is under the “Swedish” model that criminalizes only customers) then customers have no incentive to discriminate between services provided by adult or child, free or trafficked/pimped. To invert the already gruesome quip, “might as well be hung for a lamb as a sheep.”

Meanwhile if prostitution was legal for both customers and providers but purchasing sex with minors remained illegal and (gasp!) was actually enforced as the sex crimes it is then, again, customers would have every incentive to make sure they verified not just identification but also age…

Which, just to repeat till everyone’s as sick of me saying it, customers have no current incentive to do since a) there are currently penalties for hiring a prostitute no matter what their age but b) the penalties are identical regardless of age and c) they’re not really enforced anyway and d) probably won’t be because law enforcement doesn’t seem to distinguish between illegal adult prostitution and illegal minor prostitution anyway either. Whereas e) if only child and trafficked prostitution was illegal law enforcement, social services, and even legal prostitutes might pay more attention. (If for no other reason than legal prostitutes would have no incentive to tolerate the competition.)

And finally? Does this have any bearing on whether people should be able to decide at age 18 that they want to become sex workers? Even if we’d prefer they, not to mention their “no-sex” class, sexual-scarcity-blinkered customers made other choices? No reason why it should. What adults choose to do and what children are impressed into are unrelated.

So! Any thoughts?


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Why I Care About Legalizing Prostitution

Photo by Flickr user kuow949. Cached as a bandwidth-conserving courtesy
Photo Seattle’s fishing fleet memorial by Flickr user kuow949. Used under a Creative Commons license.

Y’know, it’s not like I’m a prostitute, it’s not as though I’m a customer. I’ve known a couple of people who’ve been (out, non-closet) prostitutes at least once in their lives, and I’ve become friends or acquaintances with a handful more online, but not that many. Thanks perhaps to the internet, and persistent police patrols and neighborhood watches, and maybe the rise of “escort” the old urban highway sidewalks a mile from my home is no longer athwart with “hitchhikers” in too-short skirts with too-long sleeves and too much makeup covering too many bruises nor are there as many single-occupancy, older American cars slowing and stopping to “offer rides.” I’m not tremendously libertarian. While I don’t specifically object to prostitution I strongly believe they’re not a solution to any known problem including all the standard “problems” they’re supposed to be solutions to.

So why do I care? This paragraph might seem like a digression. It’s not. The photo accompanying this post is of the Fisherman’s Memorial at Fisherman’s Terminal in Seattle, for generations the home port for the main body of the Alaskan fishing fleet. (In a lot of ways, going back to the days of the Alaska Gold Rush, Seattle’s lower-48 proximity has made it the mercantile capital of Alaska.) The memorial lists the names of all the many fishermen and women who’ve been lost at sea in what’s widely considered one of the most dangerous professions in the nation. It’s a sobering list… so many lives lost, so many of them young, and each the beloved of so many surviving parents, friends, partners, children. And yet…

And yet in the last 30 years or so more prostitutes in the Northwest have died at the hands of serial murderers, casual murderers, pimps, customers, and occasionally the random passer by than are listed on the Fisherman’s Memorial.

More street prostitutes have died in America than loggers (they’re not “lumberjacks” here.) More prostitutes have died than coal miners. More have died in the modern era than have construction workers, steel workers, perhaps even police. Certainly more than have firefighters.

Even more have been robbed, beaten, raped, mutilated, left for dead but survived. And most of them too have been young, and each of them were beloved by surviving parents, friends, partners, and children.

And yet there is no memorial to prostitutes.

Not surprising. Not surprising because prostitutes aren’t seen as people. Not surprising because the condition of their labor is the condition that makes them vulnerable — forced to the margins, to darkened streets, to warehouse districts, to docs and warves, to airport rows, to gaslight districts. Not surprising because when police cruise by they must melt away… not just for fear of arrest but for fear as well of shakedowns for “complementary” “services” in order to avoid arrest.

It’s not just in the Northwest that prostitutes are the victim of choice. Today I read from Renee of Feministe that another murderer, or murderers (though it scarcely matters how many) has been stalking shadowed-from-the-law prostitutes in the Niagara Falls area of New York.

When you think of the Niagara region immediately the mind turns to the majestic falls. Some who have spent more than an afternoon here will think of places like the Welland Canal, The Skylon Tower, Fallsview Casino, Clifton Hill, and maybe even the dearth of reasonably priced hotels, and restaurants. The aforementioned sites are the Niagara region you are supposed to think about. It is what you will find printed in all of those handy little pamphlets, that the tour guides like to give out. Yes the safe family destination, where everything is bright and sunny. What you will not hear about are the women that have been killed here since 1996. What if I were to whisper these names in your ear?

31-year-old Dawn Stewart – her skeletal remains and those of her six-month old fetus were discovered in March 1996 in a wooded are of Pelham six months after her disappearance.

26-year-old Nadene Gurczenski – her body was discovered in a Vineland ditch in May 1999. She had a two year old child. Cause of death undeclared.

32-year-old Diane Dimitri – her body was discovered in a ditch outside of Welland in August 2003. She had four children. Beaten to death.

26-year-old Margaret Jeanette Jigaru – her body was discovered in the parking lot of Princess Margaret Elementary school in Niagara Falls in July 2004. She had a four year old son. Shot in the back of the throat, execution-style.

22-year-old Cassey Chicocki – her body was found in a wooded area off of Whirlpool Rd. in Niagara Falls in December 2005. She had suffered the loss of her 3 month old child and the suicide of her brother in the few years just prior to her murder. Beaten to death, her teeth were in her stomach.

29-year-old Stephine Beck – her body was discovered in a Vineland ditch , one concession south of where Nadene’s body was discovered 8 years earlier, in march of 2007. Stephine was 14 weeks pregnant. She died of strangulation.

36-year-old Shari Bacon – found beaten to death in Sean Paul Christie’s apartment in April, 2008. She had to be identified by her tattoos.

Do they resonate with a kind of familiarity in your memory? How about if I said the name Kristen French? The difference between Kristen French, and the aforementioned women, is that French was a young school girl brutally murdered and raped by the serial killer Paul Bernardo, and the other women were all sex trade workers who were brutally raped, and murdered. French is memorable for her innocence and potential, while these women are forgotten for their occupation, and addictions; yet were they not all women, all worthy of justice?

These are just the women whose bodies have been found.

Read the rest of Renee’s post here.

I care about prostitution because what ever else you care to say about them, or the job the do, or the “legitimate” customers they service, nor how you feel about how they should or shouldn’t work…because they do work, or how their customers should or shouldn’t seek them… because they do seek them, nobody deserves working conditions so desperate that they have to fear a police car more than they must fear the cars of the men they hope seek only the service of their bodies and not the use of their lives.

At least in America, at least since the “sexual revolution” (and really since well before), at least since the economic and social value of women has increased beyond the utility of their bodies, the profession of prostitution has been dwindling. Some estimates say up to a 90% decline since the dawn of the 20th Century. One can imagine that for all the scandal and fuss and fulminations of “family values” politicians, and religious and moral activists, that in time their trade will die away… or if not die away then transform into a profession that’s almost unrecognizable by today’s standards and inconceivable even 50 years ago.

And while we wait for that eventuality the remaining sex workers — still mostly women though there are many men and many transsexuals as well — work in conditions women of 100 years ago would find little changed.

I think prostitution should be legal, legal not so they could be “regulated” or “inspected” or (as in Singapore, evidently) forced to take penicillin every three weeks, but so they could form associations, so they could network, so they could come far enough out of the shadows to be seen and protected rather than preyed upon by police, so they could call the police when they felt threatened, robbed, beaten, or preyed upon, enough that they can safely join crusades to eliminate the (competing-for-their-business-if-nothing-else!) scourges trafficking, of pimping, of prostituting of the unwilling, the unwary, the unwell, the undocumented, and the underaged and all others for whom the work is thrust upon instead of undertaken with a will.

As I’ve said I don’t think prostitutes solve any problems, including the problems they, their customers, and society since antiquity imagine they solve. And as I’ve said I believe that as society progresses the services they offer, under the conditions they’re sought today, will grow ever less demanded of them.

But I don’t think their interests nor the interests of their moral, ethical, gender, or social antagonists are served by keeping them shadowed and preyed upon.

And that’s why I care. I’ve never known any of the victims who’ve been murdered, or robbed, or raped, or beaten. But ya know what? I don’t know any of the fishermen listed on the memorial at Fisherman’s Terminal either. But I care deeply about their well being as well. Enough so that I’d oppose efforts to decertify their unions, associations, and benevolent societies, or to outlaw their profession. Why should I, or anyone else, oppose similar treatment for an even more dangerous profession. You want to eliminate prostitution? So did Gary Ridgeway. He eliminated somewhere between sixty and eighty. Someone in Niagara Falls is eliminating them, possibly, as I write. Your way, no matter what, is better than theirs. Why not make it so that while you do your work the Ridgeways, and Pictons, and Niagara’s Michael Durant were less able to as well.

It’s not just the Northwest, it’s not just the Niagara area. Chances are it’s your area too. And if it’s not your area? It’s not because it’s not happening, or hasn’t, or won’t. It’s because, as Renee says

One of the things that angers me the most about the sparse reporting that has taken place on these brutal homicides, is the fact that these women are constantly only referred to as sex trade workers. Yes, that was their occupation but does anyone’s job make up the totality of their identity. It is a way of devaluing their humanity. To the world at large they don’t constitute a loss because they are represented as dirty, foul, carnivorous vaginas seeking to profit through dirty acts. “Good girls” don’t sell sex, and “good girls” don’t become addicted. Yet there was a time when they must have danced in the rain, built snowmen, or even just enjoyed the warmth of the suns rays as it kissed their bodies. As long as we continue to see them as what they did rather than who they were, there will never be a push to achieve justice for them.

I care because like Renee I stopped being able to look away.


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More Trafficking Definitions


Photo by Flickr user fumi. Used under a Creative Commons license.

I gotta tell you, for all my previous fussing I’m really enjoying digging into the issue of all human trafficking including, obvously, sex trafficking (a.k.a. involuntary prostitution) but also all the other ways human beings effectively or actually enslave each other. This stuff, all of it, really matters.

So following up on my trafficking gazetteer there’s an interesting discussion of various human trafficking laws at McNabb Associates, a law firm that “practices international criminal defense including transnational crimes and international extradition.”

There’s tons of case law going back to 1825 and as recent as 2004. There are also some excellent definitions and/or use of terms that don’t ordinarily show up in the classic “pro” and “anti” “pornstitution” debates.

  • Peonage“ is defined as “illegal and involuntary servitude in satisfaction of a debt.” It’s tied directly into the 13th Amendment against slavery. It’s important to the conversation because a heck of a lot of trafficking, regular and sex-trafficking, falls under this rubric. It’s not, strictly speaking, “involuntary” because the people often technically “consent” to be transported and to repay their “loans” on arrival. But the conditions are almost always so stacked against them that escape or rescue is generally their only way out.

  • Involuntary servitude“ is the forced labor of a person, whether it is for pay or not. It is distinguishable from slavery, which involves the total subjugation of the slave to the master. Involuntary servitude can include elements of physical restraint and “complete psychological domination” but not psychological domination alone. (The deciding opinion is, ironically, Turner v. Unification Church. Rev. Moon’s Unification Church is, naturally, anti-“sex-trafficking” but evidently pro “regular-old-trafficking.”)

  • Human Smuggling“ The difference between human smuggling and human trafficking is minor but important. It is predominantly determined by the subjective expectations of the person being transported. If the individual believes she is coming to the United States to work as, say, a janitor or a waitress, but she is actually forced into prostitution, the US will classify that as trafficking. In other words, trickery, deception, and/or coercion are key components to trafficking. If she believes or is aware that she will be coming to the United States to work as a prostitute in exchange for citizenship (even if the citizenship papers will be fraudulent), that will often be characterized as smuggling.

  • Document Servitude“ A great example involved confiscation of documents followed by 160-hour work weeks for workers from the Philippines at [Robert and Angelita] Farrells’ Comfort Inn and Suites hotel in Oacoma, South Dakota. (To keep from raising suspicion the Farrells actually wrote checks for proper wages but then forced their workers to endorse them, after which the Farrells deposited them back into the hotel bank account.

I especially think peonage or the more modern term “debt bondage” and “involuntary servitude” are useful additions to the lexicon. In terms of sex-trafficking I think anti-prostitution types don’t take peonage seriously enough, and I don’t think pro-prostitution people, especially libertarian types, pay sufficient attention to to the element of psychological domination that shows up in involuntary servitude.


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Ceci N'est Pas Une Gazetteer


Translation: “This is not a pipe” — René Magritte. Photo by Flickr user Ceci n’est pas. Used under a Creative Commons license.

So. About trafficking. Who to believe? Anti-prostitution groups claim that 80% of all human trafficking worldwide is sex-trafficking. Speaker of the House Nancy Pelosi says more like 50%. Anti-slavery groups say it’s more like 80% are non-sex laborers. WTF?

Having spent (too) much of yesterday chasing the issue around (and around, and around) it… looks like they could all be right because there’s a great deal of ambiguity between the words or phrases

- trafficking – smuggling – sex-trafficking – aggravated sex-trafficking – labor trafficking – slavery – sex work – sexual slavery

Neither the text of the 2007 Wilberforce/TVPA bill itself, nor its proponents, nor its opponents put much effort to resolving the equivocal nature of the terms.

Because there’s so much ambiguity, from so many sources, I’m pretty sure nobody will agree 100% on anything, but based on a close reading of multiple sources here’s my own (admittedly exasperated but good faith) set of definitions.

  • Smuggling is what happens when person A in location X arranges with person B to be transported to location Y and after person A arrives in location Y person B has no hold over them.

  • Trafficking is what happens when person A in location X is taken in by person B by means of guile, threats, or violence and transported to location Y and after transportation then either 1) person B retains a hold over person B or else 2) person B sells or assigns person A to be held by someone else. Peculiarly, whereas many, many trafficked persons are (in the words of a Darfuri slave named Aluat** quoted in E. Benjamin Skinner’s A Crime So Monstrous: Face-to-Face with Modern-Day Slavery) used in a “sex way” they don’t count as “sex-trafficked” under the existing or proposed law unless they’re being “prostituted” to third parties. (Go figure.) Because…

  • Sex-trafficking as the law stands now is ordinary trafficking where the labor the victim will be forced to perform involves commercial sex. Currently sex-trafficking is treated as a civil-rights crime under the 13th Amendment to the U.S. Constitution. Under the proposed amendment “sex-trafficking” will be any and all prostitution. If the amendment remains when the bill comes out of conference sex-trafficking, a.k.a. prostitution, will be deleted from 13th Amendment protection (where all other forms of human trafficking and coerced labor reside) and plugged under the jurisdiction of the Mann Act, which deals exclusively with commercial sex. Peculiarly, once removed from 13th Amendment coverage the specific crime of sex-trafficking, unlike other human trafficking, will no longer legally be considered a human rights violation. (But no worries because…)

  • The new crime of “Aggravated Sex-Trafficking“ will replace the old crime of “sex-trafficking” under the amended TVPA.

  • Labor Trafficking is any kind of trafficking that’s not sex trafficking. Should the TVPA amendments pass labor trafficking will be even less like sex-trafficking in the sense that it will still only be labor trafficking if an international boundary is crossed, whereas prostitution will be defined as sex trafficking even if the prostitute works from home.

  • Slavery. Most slaves aren’t technically trafficked. They’re generally agricultural, industrial, and domestic slaves, and very, very often children. Slaves can (and are) be found (and occasionally rescued) today in India, China, Africa including especially Ethiopia, Tanzania, and Somalia, in Southeast Asia (where they’re generally sex slaves, about which more in a moment), in Haiti they’re often children and almost always household slaves, in South America they’re most often enslaved for use in agriculture.

  • A sex slave is a slave who’s held captive for the sexual gratification of her or his owners and/or their friends, family, business partners, and/or employees. Sex slavery is tricky under the amended TVPA. Huge, huge numbers of trafficked, smuggled, and/or mere slaves are sexually assaulted and exploited for the gratification of their employers. However unless they’re exploited for commercial sex by 3rd parties (i.e. really prostituted) and not just assaulted by their owners and friends and associates of their owners they’re just considered particularly unfortunate but neither trafficked unless they’re actually trafficked across borders, and not sex-trafficked unless cash changes hands.

  • Sex work is commercial work of a sexual nature that technically covers everyone from prostitutes to dommes/dominatrixes to strippers to porn performers to phone-sex operators. Sex work may be willingly undertaken, reluctantly but willingly undertaken under contingencies, and unwillingly extracted through guile, threats, or violence.

  • Prostitution is a specific form of sex work that involves physical, generally genital contact with customers. Unlike all other forms of sex work prostitution is currently counted as “sex-trafficking” when it’s coerced and, under the amended TVPA, unlike all other forms of sex work, prostitution will be counted as “sex-trafficking” even when it’s not coerced.

Yes, my editorial point of view shows up in some of those definitions but I repeat that very few hands are clean when it comes to agreement. And, as logicians, rhetoriticians, and mediators have been saying since, oh, say, Plato, without agreement on terms there can be plenty of fighting, name calling, and exercise of raw power but neither real dialogue nor debate nor resolution.


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Show of Hands, Please

Quick follow-up on a previous post about pimps. Anyone know of anyone in the “pro-sex” community, customers or providers, who thinks pimps are poor, misunderstood, sensitive souls? Anyone out there think their pimp was the bee’s knees? Anyone out there saying “oh gosh, I’d rather connect with sex-workers through their pimp any day?”

And of course when I say “pimp” I mean it in the larger sense of working with a custodial/coercive/ managerial supervisor as an intermediary between customer and sex provider.**

But seriously, can you or anyone you know, or anyone you’ve ever heard of, make an affirmative case for pimps such that legal and public policy would permit their continued activities were prostitution legalized in any credible sort of way at all?

I mention this because a lot of venues where prostitution is “legalized,” as in Nevada and, evidently, Australia, there aren’t actually any legal prostitutes, only legal brothels. The sex workers themselves in, say, Nevada, have virtually no rights at all. Which means, in effect, the state chose to legalize and license not sex-workers but pimps and pimp equivalents! Which, by the way, seems like exactly the worst of both worlds.

Which is just part of what I mean when I say “legalized in any credible sort of way.” And when I say things like “or else why bother legalizing it at all?”

[** Actually the only people on earth besides pimps and traffickers themselves who might depend on them would be the anti-prostitution our-fairest-flower-clutchers who need pimps the same way, and for the same reasons, George Bush and his neocons needed terrorists… and consequently as with George Bush and the neocons the chances of them proposing realistic solutions that might actually make the world safer from terrorists, or from pimps and traffickers, approaches zero. —fl]


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Minus Pimps


Photo “no pressure” by Flickr user rhlinuxguy. Used under a Creative Commons license.

Following up on the question of what would happen to pimps if prostitution was meaningfully legalized.

One of the key things is that if pimps no conceivable privilege to extort a sex-worker’s income via violence committed outside the law (as they have now) and if they can offer no conceivable “protection” benefit from customers, other pimps, and corrupt law enforcement officials that couldn’t better be provided by legal access to police response cooperation, and by associational access to what I termed “911 on camera-phone speed dial,” (not to mention the plain benefit of getting to operate sanctioned rather than marginal venues), then pimps have no obvious source of income.

And with no source of sex-trafficking-related income they’re not likely to have much incentive to recruit and/or enslave new sex workers. Which means… what?

I dunno, I could be wrong, but it seems like the supply of coerced/trafficked sex workers would tend to go down, leaving only sex workers who actually really chose the work actually doing the work, which would probably be a very large drop in the supply of sex-workers, with the result that the price per contact would tend to go up, perhaps considerably, which in turn might be expected to have the following consequences:

- in a legal, seller’s market sex workers wouldn’t be obliged to take the risks they’re sometimes obliged to take to meet their (often pimp-imposed) “quotas.”

- in a legal, seller’s market customers might even find themselves obliged to register, license, and bill-of-health certify themselves a la Genderberg’s idea.

- in a legal, seller’s market customers would have to be a damn sight more professionally courteous and responsible lest they get blacklisted by sex-worker’s “customer rating” sites!

- in a legal, seller’s market where sex workers were just nowhere near as economical an alternative the average customer might, um, reassess all his stupid madonna/whore-centric assumptions about his ordinary partner’s or potential partner’s disinterest and/or desirability.

Yes there’s the “risk” that with the prospect of much higher pay and much better working conditions more people might choose to become sex workers who otherwise wouldn’t. But without the downward pressure of pimp-forced recruitment, pimp-violence-enforced working conditions, and artificially pimp-lowered prices any equilibrium that emerged would be more acceptable to potential commercial sex providers.

Remember also that if the anti-prostitution fan-waiver is right that all women are virtuous, decent, and inclined to engage in “the most awful, filthy thing on earth only with someone they love” then without pimps there’d be no, zero, none prostitutes at all period. And so by that logic legalizing prostitution in a manner that cut recruiter/trafficker pimps out of the picture would actually eliminate prostitution! Ok, so even though they’re wrong about that it’s certainly true that without pimps and with legal, self-interested sex-providers able to intervene in the face of being undercut by involuntary competition** the number of involuntarily prostituted sex workers would tend to go way down.

[** Seriously! If you were a legal prostitute and you saw a pimp-mobile drop off the stereotypical trafficked 13-year-old in heels and hotpants on the opposite corner, or anywhere else in the world what possible incentive would you have to just let that happen instead of snapping a camera-phone photo and speed-dialing 911? What possible motivation would you have to let the Ukranian or Cambodian girl a block down just stand there shivering instead of checking in and saying “I’m on the line with our volunteer anti-trafficking alliance representative, you can be on your way to a safe-house shelter in five minutes… and otherwise I’m going to need to call the police.” You wouldn’t even need a heart (of gold or otherwise) to do that, just a self-interested brain. —fl]


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But What About the Menz (Pimps Edition)?

So. Pimps. If prostitution’s legal, or more specifically, if it’s legalized in a non-punitive, non-prejudicial, worker-centric manner** then what role would there be for pimps? Because right now with prostitution pimps totally have it made. They get to pull that “who else is goin’ to protect’cha, bayubee” crap because since prostitution’s illegal they’s really nobody else. And social and criminological studies show that pimped prostitutes are actually marginally at lower risk from everyone else including many customers, police shakedowns, and other pimps… but not so much the actual pimp himself. They have it made, too, in the sense that they can dictate terms to their victims, er, prostitutes that the prostitutes have very little recourse to alter because, again, if a prostitute goes to the police they’re just as likely to arrest the prostitute, or (worse!) shake her down for a “courtesy” trick, as listen to her. And the pimp’s got it made in the sense that if he does anything including murder one of his victims there’s not much anyone can do about it because there’s no legal space within which prostitutes can associate, assemble, or lobby.

On the other hand I don’t see anything a pimp can do if prostitution’s legal that a) 911 on a camera-phone speed-dial and b) a competent phone service bureau, booking agency, or (since I think prostitution is outdated anyway) a Society For Creative Anachronism festival scheduler couldn’t do for a fraction of the expense and none of the physical or psychological risk.

And yeah, pimps could still go recruiting and/or attempting to traffick and prostitute but… getting back to the 911 on camera-phone speed-dial what possible motivation would any legal, non-pimped, independently licensed prostitute to tolerate the competition from a pimped and/or trafficked sex slave? Or, more to the point (the part I really really like) why would a legal, non-pimped, independently licensed prostitute with speed-dial 911 on a camera-phone tolerate a potential customer doing business with a prostituted or trafficked competitor?

Because, remember, whereas if prostitute A is already forced to work out of the eye of the law then there’s not much payoff and quite a lot of risk involved in turning in an coerced sex worker. If, on the other hand, she’s legal, licensed, and a member of a business association (with all the organizational and institutional perquisites that go with that) then even if he or she has zero compassion for another human being she still has an economic incentive to make that call.

[** Because why else would you bother? —fl]


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Word On the Street: Someone Who Actually Works To Help Prostitutes

After blogging seemingly non-stop about prostitution last week I said I was going to take a break from it here. And I was going to stick to my resolution against severe temptation. But I just gott a say that Holly over at Feministe has the most intelligent, wide-ranging interview I think I could imagine with Sienna Baskin, of The Sex Worker’s Project an organization that provides legal services to criminalized sex workers and victims of trafficking.

Go here.

Read it yourself.

What’s so great about the interview is, first of all that it’s an interview — not unheard of but still pretty unusual for the blogging format. Secondly it’s a brilliant interview! Holly asks hard question. Baskin provides hard answers. Holly provides hard follow-up questions. Baskin provides more hard information. I haven’t been in journalism since my first quarter of college (I took lots of classes in high-school) but if I was writing a textbook I’m pretty sure I’d want to use hers as an example of the amazing benefits of doing your homework first, preparing questions everyone wants to know about, digging right into the heart of controversies instead of skirting or fluffing around them, following up when you’re not sure you got the expected answer but also following your interviewee’s ambulations instead of trying to stay on (your, personal) script.

That’s all just cool! What else is cool, though, is how clearly the two dissect the complexities of different legalization strategies, of the problems with trafficking, (You bet there’s trafficking and yes it’s it’s a huge, dehumanizing, and tragic problem — but it’s not, evidently, a simple problem since, for example, once rescued from pimps and traffickers trafficked women often return to sex work on their own terms! ) It’s cool how they dissect the benefits and costs of different approaches to coping with prostitution locally, globally, philosophically, and pragmatically. Baskin even provides a persuasive definition of what does or would constitute an ethical john, although she also slips on the unfortunate “maybe some people just can’t get laid” meme.

And oh please don’t get me started quoting either questions or answers or I could be here all day. Instead?

Go here.

Read it yourself.


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Shoe, Meet Other Foot


Photo by Flickr user Reset Reboot. Used under a Creative Commons license.

I really had planned to drop the Spitzer/prostitution business with the last post but Twisty Faster of I Blame The Patriarchy has come out of her semi-hiatus to weigh in with the usual predictably unpredictable twists. The latest?

If you’re thinking you’re gonna take me to school … about how “sex work” is noble and should be a legal, legitimate profession, la la la, read this first: at issue is not the objective act of boinking. Until you factor in patriarchy and its wacko concepts of property and gender, sex is just a thing, like eating a couple of Cheez-Its, or going to the movies. But in a patriarchy, all women belong to the sex class, and are defined in terms of men. Men, on the other hand, belong to the default human class, and get to define themselves (and everything else).

Read the quote in context here.

Most of the time you get the impression that heterosexual sex just squicks her but her point that thanks to the terms set by the dominant paradigm, outside of patriarchy sex would just be sex but getting outside of it is incredibly difficult. Ok, ok, she says it would be impossible and, thus, the impression that heterosexuality squicks her. (I would note, though that she sometimes implies patriarchy would exist if there were no men on earth so maybe “patriarchy” isn’t the best term.)

At any rate, having just spent waaayyy too long looking at the relatively small handful of straight male escort ads available on Google and having been frequently surprised by the sensible and level-headed support information on those sites, I’ve concluded that at least small-p patriarchal values have way more to do with why women aren’t at least as likely to hire male prostitutes as men are to hire women. Seriously.

And yet they/you don’t. Neither do men seem to often offer their services nor do women often seem to seek it. And yet by every common measure used to justify male prostitution — from “getting exactly what you want” to “paying them to go away” to “ensuring no entanglements” — it ought to be the other way around. I went virtual “globetrotting” last night on the hookup site for married people I mentioned the other day and I was struck how over and over married women in their 20s, 40’s, 60’s, and in between who seemed perfectly presentable were repeating variations on “I want more than a lifetime of sex in the missionary position,” and other lamentations of predictability, boredom, and interest not in escape but in safe, dependable, but erotic distraction. (And if there are married women should feel that way there are no doubt also single women who do as well.)

While every sentence that has ever been written about how men should communicate their wants and needs to their partners instead of visiting prostitutes is equally true of women and theirs, the fact remains that gazillions of people aren’t having those communications.** And yet something permits men to hire escorts in a way that women aren’t.

So, sorry, if it’s not about lack of means, method, or opportunity then there’s something else getting in the way. And I think Twisty, and Amanda Marcotte, and others have a point that the biggest thing getting in the way… what explains the male->female vs female->male imbalance… starts with “p” and ends with an “atriarchy.”

Anyway, you may not believe in it, nor do you have to, but if you believe in the legitimacy of sex work as a profession and, especially, as any kind of social good at all? You want to find a way to normalize sex-worker rights? And whether you believe in it or not I swear we as a society also need to start understanding, and dealing with, not the relative excess of male customers and female providers but the relative dearth of female customers and male providers.

I’d be delighted to have further conversations about this (although I’m a little burnt out on the topic just this moment.) But I’m pretty sure I could defend this position all day. If I had to. Which I don’t think I would because, the more you think about it the more interesting implications sift out. (Give yourself a week to get over some of your social conditioning about constructed gender stereotypes and when you come back it might start to look I’m making the case too timidly.)

[** Note: In her book Mating in Captivity: Unlocking Erotic IntelligenceRelationship therapist Esther Perel makes an excellent case for why we don’t communicate our sexual needs more easily in our long-term partnerships: for better or worse the exclusivity of our relationships leave us so invested — socially, emotionally, psychologically, reproductively, economically, domestically, and physically — that the boat-rocking risks of authentic vulnerability of authentic sexual need can become unaffordable. Pretty brilliant insight. Even better, Perel offers strategies for stabilizing relationships without compromising anyone’s integrity. —fl]


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Would Sex Work Be More Profitable If It Wasn't So Stigmatized or Criminalized.

So! If I’d found the ongoing Sex In the Public Square symposium on sex-work, trafficking, and human rights before (coincidentally) making, um, characterizations about sex-worker customers. I expect if I’d found the forum sooner then I might have taken a slightly different approach. Oh well.

One of the questions in the symposium, “Would sex work be so profitable if it weren’t stigmatized or criminalized,” posted by Amber Rhea, happens to be one I’ve debated with prostitution opponents in a pre-blog venue. I’ve posted my answer over there and only reposting it here so I can find it again if I ever need it. In keeping with a tradition I think Amber inagurated, I’m disabling comments here so the discussion can remain inside the Sex In the Public Square symposium. Update: I’m actually going to open comments after all in case I irk anyone. If you have something substantive about the subject, thought please go post about it at Elizabeth and Chris’s site.

Here goes:

I think there are probably three big changes legalization would bring that would affect profitability. I mention a couple of ways I think legalization would mitigate stigmatization but, based especially on my examples of licensed massage practitioners and the gambling industry, destigmatization shouldn’t reduce profits for individual practitioners.

I. I think the biggest difference legalization would make would be a simple lowering of the total cost of doing business, especially at the marginal/street/subsistence end where prostitutes face significant career costs in terms of “protection” that must be provided to pimps and predatory cops, and assault, robbery, rape and murder at the hands of those individuals (non-customers and customers) who view them as easy targets (“what’s she gonna do, call the cops?”) or “fair game.” (Serial killer Gary Ridgeway repeatedly alluded to his victim’s status as prostitutes as reason enough to prey on them.)

Legalization would unquestionably put a lot more power in street/subsistence prostitute’s hands, allowing them to rely on more robust peer-network security, to call and work proactively with police without fear of arrest or demands for “favors,” and even provide obvious stuff like being able to work in well-lit, well-patrolled venues instead of the marginal, unpatrolled areas they’re forced to use now. So. Even if nothing else changed, and even if legalization increased competition by lowering the currently substantial barriers to entry, the reduced costs of doing business would at least offset, and for some might increase profitability.

(Note: Studies repeatedly show that subsistence prostitutes are only 15-20% of the total pool of prostitutes but they also bear the brunt of crimes, control, and abuse committed against sex workers. So whether legalization reduced stigma or increased profitability isn’t as relevant in a way as the just-plain-bulk quality of work improvements it would provide.)

II. I think the second biggest change legalization would bring is expanding the pool of both potential sex workers and of potential sex-worker customers. Two non-sex-work models for this would be the gambling/casino industry where legalization lowered the barriers to entry, increased the number of competitors by at least an order of magnitude, but then also increased the number of participants by at least the same magnitude and perhaps more. (Note: Depending on how prostitution was legalized in the U.S. the casino/hospitality industry might become a similarly dominant player in terms of promoting and providing prostitution services, for similar reasons.)

The other non-sex-work model, one that might be more familiar to small-business/single-operator sex workers, would be licensed massage therapy. If you live on the coasts or in certain large metropolitan areas licensed massage therapists are probably familiar, non-controversial, and well attended. (In many states, California and Washington being two, health insurers have been obliged by regulators to cover massage.) In other parts of the country, however, massage therapy is very controversial due, in part, to the emergence in the 1970s of “executive massage ‘parlours’” that were fronts for prostitution — a confusion that exists in a lot of lay person’s minds to this day. In those areas actual massage therapist body-workers face tremendous barriers to acceptance both by regulating authorities and by potential customers who, even if they personally recognize the benefits still face enormous pressure from family and peers. Nevertheless, over time as acceptance grows the number of service seekers generally outstrips the number of service providers, such that legalization (yes in some areas non-physical therapy massage was as illegal as prostitution) does not lower profitability. (I couldn’t find a link just now but years ago I ran across a master’s thesis on the subject of attitudes towards massage therapists. It was by a Midwest LMT who got a masters in social work using local attitudes towards massage therapy as his thesis project.)

So at least based on those two non-sexwork legalization/destigmatization models you’d probably profits have tended to go up.

III. The third biggest change I think legalization would bring is normalization of sex-work. The gambling industry or, earlier, the alcoholic beverage industry, serve as good models for this kind of normalization. When gambling was illegal, and when alcohol was illegal, both participants and providers tended to be those most driven to participate that they were willing to risk not only law enforcement activities but high levels of hazard, lower standards of quality, a tendency to engage in collateral forms of lawbreaking, and a much, much lower degree of transparency in order to get what they wanted. When those industries were legalized or re-legalized (ok, where they were legalized since they’re not legal everywhere) the more, um, adrenal styles of participation and management have been replaced with somewhat more staid but procedural styles with the result that, say, the Bally corporation with its SEIU-represented employees and credit-card-balance-limited gambling debts is far, far, far more profitable both location-by-location and overall than comparable underground enterprises previously operated by organized crime and attended by those willing to risk the wrath of loan sharks and debt enforcers.

In other words, whereas older “wildcat” gamblers might lament the “good old days,” by almost every measure gamblers and drinkers, and their law abiding suppliers, are better off. Legalization of prostitution would almost certainly produce the same benefits, from the development more efficient, less euphemistic, and far less costly-to-provider booking services, to the ability to form business associations, to the ability to establish, publish, enforce, to lobby for civic adoption of business standards, and by access to all the other ways legitimate small and large businesses are able to operate. The barriers to profit wouldn’t just drop and the ability to do business wouldn’t just become less risky. Instead I’m pretty sure one would see net profit grow in terms of absolute business efficiency, reduction of stigma, and an increase in “respectability.”

That last part is pretty important to me as I have previously, um, announced severe problems with the level of respect provided to sex workers when they and their services are regarded as not only illegal but illegitimate, subordinate, inhuman, and therefore “fair game.” Just as legalization has led to increased “respectability” for the quantitatively and qualitatively different style of gambling and alcohol service provider, so has legalization led to increased respect and responsibility on the part of service consumers.

Conclusion: So. Based on an outright lower cost of doing business legalization would provide, plus increases in social acceptance and business efficiency I’m pretty sure that even if legalization increased the potential pool of competing providers, overall (net) profitability probably wouldn’t suffer and, in the aggregate anyway, might see marginal increases.


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