(This article that I wrote first appeared in The Minnesota Spokesman-Recorder. I publish it here in response to comments made on this article, Destruction upon discovery: Would you take the risk if you had everything to lose?, by Julia Schrenkler.)
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         "As a prostitute, I've been beaten, tortured, and raped," says Sarah, who has since escaped the life of prostitution. "Whether legalized or not, would that make the impact any different?" she wonders contemplating the legality of prostitution.
           Vednita Carter, founder of Breaking Free, an organization dedicated to helping women and girls escape the life of prostitution, maintains that prostitution, legal or not, hasn't slowed down anything insofar as sexual crimes.
           A glance at the crime rates in Minnesota bears this out. Crimes involving rape and molestation exist right alongside crimes of prostitution. The reported rate of sexual assault in the United States is .3% of the total population. However, even in countries where prostitution is legal, sexual crimes persist. Australia, which decriminalized prostitution, reports continuing sexual assaults at a rate that matches that of the USA.Â
           During a speech Carter delivered at the YWCA on Lake Street in Minneapolis September 19th, she opened with a condemnation. "Prostitution is often called the oldest profession. I say it's the oldest suppression," says Carter. "Prostitution is violence and it should [remain] illegal," Carter states with conviction.
           Lee Roper-Batker, President and CEO of the Women's Foundation of Minnesota (WFM), which sponsored Carter's presentation, concurs. One of the cornerstones of WFM is advancing women's safety and security. "Want women to experience the world as safe. Prostitution is recognized as an act of violence against women," remarks Roper-Batker.Â
           Carol McGee Johnson, vice president of community philanthropy and programs for WFM, echoes her colleague's opinion. "We support Vednita's assessment of the problem and the issue. We totally believe in the way that she describes prostitution as violent and suppressive. The premise is that it comes out of system oppression of women and in particular, women of color.Â
           Rather than making prostitution legal, Roper-Batker would like the focus directed at the recipient. "Right now it's the women who are being arrested and prosecuted and not the men. How are we enforcing prostitution?" Roper-Batker asks.Â
           Beth, also a former prostitute views the legalizing of the sexual trade in a very negative light as well. "It gives men rights to exploit women," she says. "Sexuality is a part of our core, you shouldn't be able to sell it because you're going to hurt yourself. It's sacred," Beth posits.Â
           Carter views prostitution on par with other manners of subjugating human beings. Carter bitterly declares that if prostitution is made legal, "They might as well make slavery legal again, too."
           But that's where they've got it all wrong, implies Charles Samuelson, executive director of the American Civil Liberties Union in Minnesota. He asserts that decriminalizing prostitution would have a desirable impact. "Will there be madams and managers or whatever you want to call them? Yes. Will they be able to beat them (prostitutes) black and blue like pimps can do now? No. They'll be watched.  Right now, because it's illegal, they do it sneakily and they do it in the dark. If you're out in the light, doing it legally...men won't be able to pick up women and kidnap them into prostitution," Samuelson projects.
           When Beth heard Samuelson's remark, she sneered, "Sure, but that's coming from a man. He only stands to profit from prostitution." Currently, it would seem, men's part in this claimed consensual crime is limited. And from Beth's perspective and others who are now in the position that she once was, the last thing men need is to make prostitution easier for them.
           San Franciscan Carol Leigh, aka the Scarlot Harlot, and champion of sex workers' rights responds. "We believe that decriminalization is not necessarily the solution to these problems, but certainly it's the first step that's needed in order to advocate for the rights of [sex workers]. Arresting them is just not the answer," believes Leigh.Â
           "Basically the State has no right to prescribe for what reason we have sex. They have no right to say, 'Well, you can do it for love, you can't do it for money; you can do it when you're married, you can't..' I mean, we consider this a right of privacy," states Leigh.Â
           "Presently," says Samuelson, "it's the rule of the jungle out there. Whoever's biggest and strongest sets the rules." That would change, he says, if the consensual act of sex-for-profit were decriminalized.Â
           That change is what's happened in Australia. Myrna Tonkinson, anthropologist, and former state president and national president of family planning/Planned Parenthood comments on her observations of decriminalized prostitution in her home state.  Â
           "I abhor the idea of prostitution, myself. But I also think it's unrealistic to ban prostitution. Even though I think it's an indictment on society, I think that making it illegal punishes women," says Tonkinson.       Â
           "In western Australia, where I live, in the town of Kalgoorlie, prostitution is almost like a tourist attraction; the brothels are legendary," describes Tonkinson. "In the city, in Perth, there are rules and health checks, but there is also illegal prostitution because there's not to be a brothel that's not licensed as well as no street walking," she explains.
           "It's an area that most of the public agrees should be legalized as it encourages better health safeguards. Australia has been able to contain and restrain AIDS and HIV spread," Tonkinson is pleased to report.
           Janice G. Raymond with the Coalition Against Trafficking in Women International wrote "10 Reasons for Not Legalizing Prostitution". Reason #7 states a compelling argument.Â
           With the advent of legalization in countries that have decriminalized the sex industry, many men who would not risk buying women for sex now see prostitution as acceptable. When the legal barriers disappear, so too do the social and ethical barriers to treating women as sexual commodities. Legalization sends the message to new generations of men and boys that women are sexual commodities and that prostitution is harmless fun.
           Leigh replies that as women are sexual commodities it is a problem within our society regardless of prostitution. "Women are forced into female roles in general that are paid less and acknowledged less and yet this [particular] female role is criminalized," says Leigh.Â




Comments: 15
One argument for legalization is that we've tried the other approach to solving the problems that accompany prostitution and it hasn't worked.
Leigh makes a good point that it shouldn't be up to the state to say why or when a woman can engage in sex, and the MN ACLU guy has a valid argument, too, but in matters such as these it always comes back to me that just because something is expedient doesn't make it the right thing to do.
I have real trouble with the "exploitation" argument. Certainly there are women in sexual bondage either thru slavery or drugs. That is a crime against all humanity and should be dealt with vigoursly. But when a consenting adult engages with another consenting adult and money passes between them the rights or wrongs are in the realm of morality. As pointed out, it is questionable if legalization deters sex crime. Is going to a bar, tossing down a few, buying a friendly member of the opposite sex dinner and ending in the hay "prostitution?" Consenting adults agreed, money, in the form of food and booze, was exchanged.
Back in dim past I went to a few "Gentlemens Clubs" where lovely ladies danced about in nothing or near nothing and then for a fee would bounce up and down on your lap, a "lap dance." Wasn't all that erotic but entertaining otherwise. I came to understand watching the girls work the floor THEY were not ones being "exploited." It was the fools who had a dollar or two in the audience. Most of the girls were single parents, sharp businesswomen and could not in any job make the dollars they could in the dance hall legaling fleecing wide eyed idiots.
I read an op-ed in the NY Times by Tracy Quan, a "retired call girl" and now author of several books. She commented upon the stupidity of Spitzer in the way he went about his dalliance. I read further on her other writings and she makes some thoughtful commentary on sex workers, marriage and the men who seek the service.
I remember Sarah, from my article, looking me in the eye and saying, "Can you imagine having intercourse with twenty guys each night? Our bodies are like anyone else's and that sort of [bleep] hurts."
Look over at Joel Carillet's article: Red Lights and a Rose (Bangkok, Thailand).
Sure there are jobs in America that are hard on the participant's body. But all those pro atheletes are not only glorified, they're paid dazzling amounts of money.
I'm a very ardent supporter of self-autonomy, which is why making prostitution a criminal activity seems wrong to me. OTOH, there's so much about prostitution that is NOT consenting that it's hard for me to condone it by legalizing it.
As long as prostitution remains illegal, it will exist in a clandestine state of anarchy. The women involved will have no legal protection from abusive employers or clients. Thus they are abused by both employers, clients and the legal system. Perhaps some people are "ok" with this, but it has never set right with me.
Why does sex between consenting adults become an act of violence because of the exchange of money? Setting aside the fact that we do not seem to apply this to porn, this seems to be some sort of Marxist theory.
Yes, economic transactions can be exploitative, but that is why we have a series of regulations governing contracts, taxes, organized labor, etc. Why cannot we apply that to prostitution? I would also argue, that few nations actually do this, despite claims of legalization or decriminalization.
I find it interesting how prostitution is almost always talked about in a very gender-specific way (i.e. female provider and a male client). I also find the retort, "Oh, well you are just a male" to be rather counterproductive, if not incredibly sexist.
Yes, I am a man. However, I have no intention of ever paying a woman to have sex with me. Yet, I cannot seem to understand why prostitutes or their clients should be treated as criminals.
Such a system seems to only hurt the prostitutes, many of whom are already poor and indigent.
And why do we apply the law to sex in person and not in photographs? Interesting observation, Edward!
What a thought provoking article Susan!
Did we or did we not just outlaw smoking in bars and resturants throughout the state because of the minimal risk caused by second-hand smoke to wait-staff?
My God!! How can we then turn around and suggest that creatomg an occupation where exposure to AIDS, STD's, rape and violence is the norn?
Great article Susan.