We have already established that outlawing prostitution usually leads to repressive and
discriminatory policies against sex workers. In addition, nations "with
the most strict prostitution laws, like the United States, also have the
highest rates of pimping, juvenile prostitution, and violence against sex
workers" (Augustson and George 258). However, decriminalizing
prostitution does not necessarily "fix" the problems surrounding sex
work, especially since decriminalization methods often have unintended
consequences. For this final post, I will examine four
relatively recent models for the decriminalization and regulation of
prostitution: Rhode Island, Nevada, Australia, and
Sweden.
Some questions we can consider together: What has and hasn't worked to make prostitution safe and healthy for sex workers? How can we ensure that no one is forced into prostitution or forced to stay in prostitution against their will? Can a "feminist" form of sex work ever exist?
Rhode Island
In 1980, a group of Rhode Island sex workers demanded that the state's prostitution statutes were unconstitutional, because, unsurprisingly, "the Providence police enforced the law primarily, and disproportionately, against women." As a result, an amendment passed that decriminalized prostitution "indoors" (Augustson and George 246). Brothels, pandering, loitering for prostitution, and "soliciting from motor vehicles for indecent purposes" were all still illegal, but there was no law specifically against exchanging sex for compensation in private between two consenting adults (Augustson and George 245-246).
Some questions we can consider together: What has and hasn't worked to make prostitution safe and healthy for sex workers? How can we ensure that no one is forced into prostitution or forced to stay in prostitution against their will? Can a "feminist" form of sex work ever exist?
Rhode Island
In 1980, a group of Rhode Island sex workers demanded that the state's prostitution statutes were unconstitutional, because, unsurprisingly, "the Providence police enforced the law primarily, and disproportionately, against women." As a result, an amendment passed that decriminalized prostitution "indoors" (Augustson and George 246). Brothels, pandering, loitering for prostitution, and "soliciting from motor vehicles for indecent purposes" were all still illegal, but there was no law specifically against exchanging sex for compensation in private between two consenting adults (Augustson and George 245-246).
Melissa
Farley, who you may remember as the researcher who interviewed San Fransisco
sex workers in my last post,
maintains that violence still happens to sex workers in indoor prostitution. In
a U.K. study "81% of women prostituting on the street
experienced violence at the hands of johns, yet so did 48% of women
prostituting indoors," she wrote in her critique of Rhode Island's prostitution
laws in June 2009. Sadly, "[t]he
women indoors were subject to more frequent attempted rape." She added
that Rhode Island's massage parlors were still full of trafficking victims (Farley,
1).
In November
2009, just months after Farley's words were published, Rhode Island outlawed
prostitution altogether (Augustson and George 233). Perhaps Rhode Island sex
workers benefitted from not having to deal with abuse from law enforcement
officials; although sex workers often were still charged for pandering or
practicing massage without a license (Augustson and George 246). Long story
short, Rhode Island's 29-year decriminalization of prostitution was not a good feminist
model of sex work policy.
Nevada
In contrast to Rhode Island, Nevada has not only legalized prostitution in certain counties but is also attempting to regulate it. Prostitution was decriminalized in 1971, but it is only legal through licensed brothels in counties with less than 700,000 people (Augustson and George 243-244).
As part of Nevada's regulation of prostitution, Nevada has attempted to curb pimping by outlawing the supporting of oneself off of another sex worker's salary. Additionally, some counties only allow women to manage the brothels. Sex workers' health is also highly regulated through mandatory condom use and regular STI and HIV testing, which is generally effective (Augustson and George 244).
Even though Nevada has attempted to regulate prostitution, unlicensed prostitution is still common (Augustson and George 244). In 2009, 4484 individuals from Clark County alone, the county where Las Vegas is located, were arrested (Heineman, MacFarlane, and Brents 11). Nevada's regulation laws also utterly fail to help sex trafficking victims, who are especially common in the hypersexualized Las Vegas culture (Heineman, MacFarlane, and Brents 12).
Nevada
In contrast to Rhode Island, Nevada has not only legalized prostitution in certain counties but is also attempting to regulate it. Prostitution was decriminalized in 1971, but it is only legal through licensed brothels in counties with less than 700,000 people (Augustson and George 243-244).
As part of Nevada's regulation of prostitution, Nevada has attempted to curb pimping by outlawing the supporting of oneself off of another sex worker's salary. Additionally, some counties only allow women to manage the brothels. Sex workers' health is also highly regulated through mandatory condom use and regular STI and HIV testing, which is generally effective (Augustson and George 244).
Even though Nevada has attempted to regulate prostitution, unlicensed prostitution is still common (Augustson and George 244). In 2009, 4484 individuals from Clark County alone, the county where Las Vegas is located, were arrested (Heineman, MacFarlane, and Brents 11). Nevada's regulation laws also utterly fail to help sex trafficking victims, who are especially common in the hypersexualized Las Vegas culture (Heineman, MacFarlane, and Brents 12).
Australia
During the late 1970s, Australia began to change its laws surrounding prostitution. By the 1990s, brothels were decriminalized. The laws vary by territory, but most of Australian territories allow for licensed brothels like Nevada's or legalized escort services or both. New South Wales is the only Australian territory in which some public soliciting is legal (Sullivan 86). Radical feminists like Mary Sullivan still believe that this type of prostitution is still inherently exploitative of women, even though Australian sex workers did help to form the regulatory laws that have led to an increase of the workers' safety (Sullivan 94).
During the late 1970s, Australia began to change its laws surrounding prostitution. By the 1990s, brothels were decriminalized. The laws vary by territory, but most of Australian territories allow for licensed brothels like Nevada's or legalized escort services or both. New South Wales is the only Australian territory in which some public soliciting is legal (Sullivan 86). Radical feminists like Mary Sullivan still believe that this type of prostitution is still inherently exploitative of women, even though Australian sex workers did help to form the regulatory laws that have led to an increase of the workers' safety (Sullivan 94).
Of
course, the system is still flawed in several ways. In Queensland and Victoria,
sex workers are often denied basic employment rights such as sick leave because
they are paid as "sub-contractors" instead of "employees." Some
Australian sex workers continue to work in unlicensed brothels, as jobs in
licensed brothels are limited. Licensed brothels tend
not to hire "older women, transgender, male, and
drug-dependent workers," meaning that those
individuals are much more likely to work illegally. Sex workers in unlicensed
brothels and other illegal forms of prostitution face harsher criminal
punishments today than they did before licensed brothels were legalized (Sullivan
94). As a result, sex workers who work illegally tend to be "more
reluctant to contact health and community support services for fear of
identification" (qtd. in Williams 291).
Perhaps even more troubling is Australia's relationship between its prostitution laws and human trafficking. After the policy change, both the number of prostitutes and the number of trafficked individuals entering the country increased (Williams 290). The increase of illegal brothels that has accompanied the opening of legal brothels has triggered an increase in human rights violations against minors and trafficking victims (Williams 291).
Sweden
Unlike most other countries, Sweden has created a system that criminalizes the purchase of sexual acts instead of the sale of them. In 1999, Sweden passed a law which mandated "a person who obtains casual sexual relations in exchange for payment can be sentenced to a fine or imprisonment for a maximum period of six months" as well as criminalizes pimps and traffickers (Williams 289). The policies are based on the idea that sex workers and trafficking victims are the "weaker party" in a transaction of sexual acts, and thus they do not face legal ramifications (Williams 290). Swedish sex workers are also "eligible for state-subsidised [sic] housing, legal and medical assistance, counselling, education, and job training" to make leaving prostitution a viable option (Norma).
Perhaps even more troubling is Australia's relationship between its prostitution laws and human trafficking. After the policy change, both the number of prostitutes and the number of trafficked individuals entering the country increased (Williams 290). The increase of illegal brothels that has accompanied the opening of legal brothels has triggered an increase in human rights violations against minors and trafficking victims (Williams 291).
Sweden
Unlike most other countries, Sweden has created a system that criminalizes the purchase of sexual acts instead of the sale of them. In 1999, Sweden passed a law which mandated "a person who obtains casual sexual relations in exchange for payment can be sentenced to a fine or imprisonment for a maximum period of six months" as well as criminalizes pimps and traffickers (Williams 289). The policies are based on the idea that sex workers and trafficking victims are the "weaker party" in a transaction of sexual acts, and thus they do not face legal ramifications (Williams 290). Swedish sex workers are also "eligible for state-subsidised [sic] housing, legal and medical assistance, counselling, education, and job training" to make leaving prostitution a viable option (Norma).
In
contrast to Australia, the change in laws regulating prostitution has decreased
the number of women involved in prostitution. The number of women in street
prostitution has dropped and so has the number of women recruited into sex work
(Williams 290). The number of Swedish men who buy services from prostitutes has
decreased 12.7% to 7.6% (Norma). Sex trafficking has also decreased because
traffickers do not want to risk the legal penalties in Sweden (Williams 290). According
to a Swedish detective inspector, traffickers also cannot "earn as much
money as they want to" anymore (qtd. in Norma). This probably just means
that international sex traffickers will take their victims to a different
country, but it's certainly a start.
Of all of the
different sex work policies I have discussed, Sweden seems to be the most
aligned with contemporary feminist thought (and of course, my own personal
feminism). Some feminists could argue that Sweden's policies take away women's
autonomy or that criminalizing the johns isn't feminist because it still expands
Sweden's prison system. Others could say that prostitution cannot be addressed
until we radically reconstruct our gendered society. However, Sweden's method
takes into account the reality of sex workers' lives and allows them to leave
sex work if they wish. It acknowledges historical patterns that have
consistently harmed women sex workers and actively tries to combat them. If the
United States were to change its prostitution laws to try to improve the lives
of its sex workers, Sweden would be a great example from which we could learn.
Works Cited
Augustson, Danielle, and Alyssa George, eds.
"Prostitution and Sex Work." The
Georgetown Journal of Gender and Law 16.1
(2015): n. pag. Gender Studies
Database [EBSCO]. Web. 10 Mar. 2016.
Farley, Melissa. Indoor Versus Outdoor Prostitution in Rhode
Island. Prostitution Research and Education, 22 June 2009. PDF.
Heineman, Jenny,
Rachel MacFarlane, and Barbara G. Brents. 2012. “Sex Industry and Sex Workers
in Nevada.” In The Social Health of Nevada: Leading Indicators and Quality of
Life in the Silver State, edited by Dmitri N. Shalin. Las Vegas, NV: UNLV
Center for Democratic Culture, http://cdclv.unlv.edu/mission/index.html
Norma, Caroline. "It's Time to Get Serious about
Sex Trafficking in Australia." The Sydney Morning Herald. Fairfax Media,
13 Oct. 2011. Web. 24 Apr. 2016.
Sullivan, Barbara. "When (Some) Prostitution Is Legal:
The Impact of Law Reform on Sex Work in Australia." Journal of Law and
Society 37.1 (2010): 85-104. JSTOR. Web. 26 Apr. 2016.
Williams, Laura M. "Social Politics: A Theory." International
Journal of Sociology and Social Policy 28.7 (2008): 285-92. Web. 26 Apr.
2016.

