Mendalla's picture

Mendalla

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What would you do about prostitution?

So, there hasn't been any discussion about the Supreme Court ruling on the protitution laws so I thought I'd toss it out. Let's make it a scenario. Stephen Harper and Peter McKay need to get new prostitution laws drafted and passed by December when the old law dies under last December's Supreme Court ruling. For the sake of argument, Peter McKay has come to you and asked your advice.

 

To be clear, prostitution in its basic form (paying for sex) is legal. What has been illegal are things like communicating for the purpose of prostitution, keeping a bawdy house (i.e. working from a residence or brothel), and living off the avails of prostitution (i.e. taking money from a prostitute). All will now be legal under the Supreme Court decision.

 

Some options that I have heard tossed around in discussion of the issue:

 

  • Go hard and criminalize the whole business

 

  • Follow the "Swedish model" of criminalizing buying sex (ie. target johns and pimps) while focussing on providing health, social, and rehabilitation services to the prostitutes

 

  • Try to find a way to get around the ruling so the current law can stay in force

 

  • Legalize but regulate the sex trade a la the Netherlands and Germany. Allow prostitutes to ply their trade, customer to buy their wares, but allow provinces and municipalities to apply business licensing, labour, zoning, etc. laws to the trade.

 

  • Let the law die and see what happens, which is basically the same as the legalization option in the end.

 

The suggestion I've heard from the pro-sex trade side is that the first three options would just drag us into another court fight and do nothing to help those in the trade (and lots to harm them).

 

The suggestion that I have heard from the anti-sex trade side is that legalization and regulation is ineffective in helping women in the trade and will just make it more commonplace and harder to control. The religious right (not just Christian), of course, also sees it as immoral in the eyes of God but it is easier to claim you are helping the women than play the God card in our secularized society.

 

So, WC, what would you tell the government to do with prostitution?

 

Mendalla

 

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Kimmio's picture

Kimmio

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Azdgari wrote:

To keep the marketplace out of it, the government must be put into it.  And kept there.

  But that's never caused any problems, right?  Majority rule!


Oh well. I think we have bigger things to worry about. Showing up to an orgy, could be especially dangerous, for the prostitute. How does legalizing for everyone it make it safer?

Azdgari's picture

Azdgari

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Kimmio wrote:
Those are the options I see before us. So what would you do?

Outlaw all of the abuse and exploitation. Because those are the parts that are actually harmful *and* not of one's free choice.

Kimmio wrote:
Oh well. I think we have bigger things to worry about. Showing up to an orgy, could be especially dangerous, for the prostitute. How does legalizing for everyone it make it safer?

That part doesn't become safer or more dangerous with legalization. A prostitute showing up for an orgy would be just as at-risk as someone who shows up for an orgy without expecting pay. Unless you are also proposing that the government outlaw orgies, you should concede this as a problem related not to prostitution, but to sex you disagree with.

Kimmio wrote:
I am open to services for people with severe disabilities because they really have no other options for basic 'relief'. In their case, noone's being harmed or coerced or exploited.

The last sentence does not follow, at all. What difference does it make to coersion or exploitation, if the person really really needs the sex, instead of just wanting it? Earlier you painted all sex work as exploitation. Now you disagree with yourself.

Kimmio's picture

Kimmio

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Azdgari wrote:

Kimmio wrote:
Those are the options I see before us. So what would you do?

Outlaw all of the abuse and exploitation. Because those are the parts that are actually harmful *and* not of one's free choice.

Kimmio wrote:
Oh well. I think we have bigger things to worry about. Showing up to an orgy, could be especially dangerous, for the prostitute. How does legalizing for everyone it make it safer?

That part doesn't become safer or more dangerous with legalization. A prostitute showing up for an orgy would be just as at-risk as someone who shows up for an orgy without expecting pay. Unless you are also proposing that the government outlaw orgies, you should concede this as a problem related not to prostitution, but to sex you disagree with.

Kimmio wrote:
I am open to services for people with severe disabilities because they really have no other options for basic 'relief'. In their case, noone's being harmed or coerced or exploited.

The last sentence does not follow, at all. What difference does it make to coersion or exploitation, if the person really really needs the sex, instead of just wanting it? Earlier you painted all sex work as exploitation. Now you disagree with yourself.

First point- prostitute for hire is not an equal participant doing it for his or her sexual enjoyment (my moral stance on the style of sex is irrelevant). s/he he is an object that was bought- it's dehumanizing.

Second point: I think that type of sex work deserves a seperate classification. It's more like personal therapy/ physical therapy.


Lastly, this whole debate is being had, about the different models, under the pretense of safety. Those who are for legalization claim it's safer. I do not believe it is.


Azdgari's picture

Azdgari

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These 'points' of yours are not in order. Hard to tell what's supposed to address what.

Kimmio wrote:
First point- prostitute for hire is not an equal participant doing it for his or her sexual enjoyment (my moral stance on the style of sex is irrelevant). s/he he is an object that was bought- it's dehumanizing.

What is dehumanizing is your attitude toward those who do it - on both ends of the transaction. The service is bought, not the person. Just like in any other field of work. This is a point you've dodged around since page one - sex work is work, not indentured servitude. If a woman pays me to give her oral sex, for example, that's a task I would be performing for money - work. I would not be selling my humanity to her. Can you give any reason to the contrary, any at all?

Kimmio wrote:
Second point: I think that type of sex work deserves a seperate classification. It's more like personal therapy/ physical therapy.
You've given no reason why this should be so. It's selling sex. The same issues apply. You seem to just happen to find this sex more palatable.
Kimmio wrote:
Lastly, this whole debate is being had, about the different models, under the pretense of safety. Those who are for legalization claim it's safer. I do not believe it is.
Not on its own, no. What does that have to do with what I said? Did you even read what I said?

Kimmio's picture

Kimmio

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Azdgari wrote:

These 'points' of yours are not in order. Hard to tell what's supposed to address what.

Kimmio wrote:
First point- prostitute for hire is not an equal participant doing it for his or her sexual enjoyment (my moral stance on the style of sex is irrelevant). s/he he is an object that was bought- it's dehumanizing.

What is dehumanizing is your attitude toward those who do it - on both ends of the transaction. The service is bought, not the person. Just like in any other field of work. This is a point you've dodged around since page one - sex work is work, not indentured servitude. If a woman pays me to give her oral sex, for example, that's a task I would be performing for money - work. I would not be selling my humanity to her. Can you give any reason to the contrary, any at all?

Kimmio wrote:
Second point: I think that type of sex work deserves a seperate classification. It's more like personal therapy/ physical therapy.
You've given no reason why this should be so. It's selling sex. The same issues apply. You seem to just happen to find this sex more palatable.
Kimmio wrote:
Lastly, this whole debate is being had, about the different models, under the pretense of safety. Those who are for legalization claim it's safer. I do not believe it is.
Not on its own, no. What does that have to do with what I said? Did you even read what I said?

Oh, grow up - adults complaining about not having enough varieties of sex to buy from enough varieties of sex workers, legally. reminds me of spoiled kids who complain about not having every toy they desire. Just gotta have it, the object of that desire, no matter if it's exploitative or harmful to women and society or not. Don't make that about human rights and women's equality, or genuine 'work'. It's exploitation. The world's falling apart and spoiled adults are complaining about their supposed 'need' for whatever they 'want'. It's not a 'need', it's recreation- absolutely selfish recreation- the sex worker's like a living adult toy to play with to the customers. Not a person in her own right, as a sexual being with her own desires. And, so, when another human being is used for a sexual activity to feed a fantasy that s/he is only doing for money to earn a living, not personal enjoyment, it's exploitation in most cases unless they do enjoy it- which is usually not the case. More often than not, she loathes it and has to get drugged up to engage in it. It's not about freedom it's about selfishness (of the buyer) and how money can be used as a means manipulate people as a means to their own selfish ends- in the most personal way. Sex workers are objectified- they are seen as objects of fantasy. If it was just about getting off- she wouldn't be necessary to them. It's not about that.


People with disabilities unable (not because they need something kinkier or more exciting, but because they physically can't relieve themselves) is not the same.

I bring up the safety issue because that's main concern being presented with the different models. But the real issue is selfishness and how selfish is too selfish to the point of undue harm to others, by legitimizing it as 'work', especially women, and equality.

Time for me to back out again for a bit.

Azdgari's picture

Azdgari

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Do you have a response to my post as well? You seem to have inadvertently quoted it prior to your dehumanizing diatribe.

EDIT: If you can't post without your anger getting in the way, then perhaps you should do some soul-searching regarding what opinions of yours that rage might be affecting in a negative way.

Kimmio's picture

Kimmio

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It's not dehumanizing- some might find it insulting. I used to not hold such an opinion, about sex or prostitution btw. 15-20 years ago. I might have agreed with you then. I was young and 'free'. You might even say I was more 'progressive' on the issue- if being 'sex positive about it is progressive. But the ideas I held then were simply not true. I thought it was all a matter of choice and my friends/ acquaintances 'chose' it. That people do it by choice, and that it being for sale is no big deal because it always has been...people I knew were involved in the sex trade directly or indirectly. I tried to be 'open minded' until I saw how it changed people. Until I saw the harm in it, and surrounding it. I've learned. At the time you're not necessarily aware of the lastibg harm to people's self concept until looking back. However, the weightier issue is what's really at stake- women's safety, women's equality. You seem to see prostitution as some kind of equalizer for women's choices. I do not. What's dehumanizing is expecting sex workers to be available forever to serve the most personal sexual 'needs' of those who hold power through money- turning it into a tax generating, legitimate, sector. Instead of trying to free up women's choices, overall, by aiming to end it someday. It's selfish from almost every angle, exploitative from most angles- an affront to equality overall. I'm not angry now actually. Not like the other day.

Dcn. Jae's picture

Dcn. Jae

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Azdgari wrote:

Isn't it a bit schizoid, Jae, to criminalize all of a business's clientelle while at the same time legitimizing the business itself?  Seems to me it should be one or the other.

 

Basically Azdgari I'd like to see the business shut down, while being as compassionate as possible to those involved as sellers in it. I see making the act of buying services the best way to do this, as it will discourage potential clientelle, while not necessarily shaming the sellers.

Kimmio's picture

Kimmio

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Azdgari wrote:

Kimmio wrote:
Those are the options I see before us. So what would you do?

Outlaw all of the abuse and exploitation. Because those are the parts that are actually harmful *and* not of one's free choice.

Kimmio wrote:
Oh well. I think we have bigger things to worry about. Showing up to an orgy, could be especially dangerous, for the prostitute. How does legalizing for everyone it make it safer?

That part doesn't become safer or more dangerous with legalization. A prostitute showing up for an orgy would be just as at-risk as someone who shows up for an orgy without expecting pay. Unless you are also proposing that the government outlaw orgies, you should concede this as a problem related not to prostitution, but to sex you disagree with.

Kimmio wrote:
I am open to services for people with severe disabilities because they really have no other options for basic 'relief'. In their case, noone's being harmed or coerced or exploited.

The last sentence does not follow, at all. What difference does it make to coersion or exploitation, if the person really really needs the sex, instead of just wanting it? Earlier you painted all sex work as exploitation. Now you disagree with yourself.

Actually, having been objectified and paid for, rather than an equal participant on the same page, places them more at risk- throughout the whole trade- but especially showing up somewhere outnumbered. Can't you see that? You cannot see the much higher risk and serious power imbalance for a prostitute to do such a 'job'?

Azdgari's picture

Azdgari

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Someone offering their work for what they deem it to be worth is an equal participant on the same page, your own personal disgust notwithstanding.

Kimmio's picture

Kimmio

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It's not about my moral stance on orgies. A prostitute showing up to an orgy is at higher risk than the people who agreed to it amongst themselves for their enjoyment. A person who is less a participant than she is an object of fantasy and a servant at the whim of several others who are hormonally charged and want what they want, is in more danger. She is more vulnerable. You either don't get it or are for some reason choosing to be willfully blind.

Azdgari's picture

Azdgari

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Kimmio wrote:
It's not about my moral stance on orgies. A prostitute showing up to an orgy is at higher risk than the people who agreed to it amongst themselves for their enjoyment.

The only support you gave for this claim *was* your own anti-sex hangup.
Kimmio wrote:
A person who is less a participant than she is an object of fantasy and a servant at the whim of several others who are hormonally charged and want what they want, is in more danger.

This describes many different consensual sexual situations. Presumably, if you're serious, you want them all to be outlawed whether money is involved or not. But you're not serious, you're just lashing out.
Kimmio wrote:
She is more vulnerable. You either don't get it or are for some reason choosing to be willfully blind.

It can't be that Kimmio, the righteous and emotionally charged one, is blind to something. Nah. Your righteous indignation makes you 100% right. Otherwise, why the hell would you be so pissed off...right?
.
Have you ever once considered that your own bias, from your own life experience, might be getting in the way of your ability to see clearly on this topic? I ask this in all seriousness - has the possibility even occurred to you?

Kimmio's picture

Kimmio

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Uh-huh. Have you considered that your lack of experience from a more vulnerable perspective has perhaps left you unable to empathize and see that there's far more to it, and more danger inherent in it, and it's not a just and honest exchange.

Kimmio's picture

Kimmio

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Life experience is what life's about. You'd like to think that money is an equalizer in prostitution- that money can right the imbalance of power, somehow even the score. I firmly believe it is an excuse to abuse power (exploit). You are being self righteous yourself, Azdagari. About your right to rent the services of a prostitute, if and whenever you feel like it , aren't you? It's more about you, than it is about them overall, their safety, their equality, isn't it?

Kimmio's picture

Kimmio

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I don't have an anti sex hang up. I happen to like it. I have an anti-exploitation hang up.

Pinga's picture

Pinga

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Actually, it is the right of the sex worker to sell her skills, by hand , or orifice. You deny all people the right to do it openly with adequate protection by forcing into the underground

You force them into a high risk position of cars and back alleys where cameras are absent

You and people like you share the weight of their murders

Azdgari's picture

Azdgari

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Kimmio, this isn't the first time you've suggested that I would like the "right to rent the services of a prostitute".  I couldn't care less about my own access to prostitutes.  I've never bought one's services, and I don't expect I'll want to at any point in the future.

 

Good job with the "you don't have the experience (ie. not being a woman") to have the right to comment" line again, though.

 

I know you firmly believe you're right, Kimmio.  So firmly that nothing anyone says can change your mind.  It is closed to the idea that you might be mistaken.

Kimmio's picture

Kimmio

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Pinga wrote:
Actually, it is the right of the sex worker to sell her skills, by hand , or orifice. You deny all people the right to do it openly with adequate protection by forcing into the underground

You force them into a high risk position of cars and back alleys where cameras are absent

You and people like you share the weight of their murders


Excuse me? That's a hell of a statement. Okay, that one wins the whole thread debate. You win.

I would like them to be safe. Why would criminalizing johns but decriminalizing prostitutes put them in danger more than opening it up to johns to buy free of any suspiscion (I.e. cops have no reason to stop anyone on the street or cruising in their cars if they're not doing anything illegal). Legalizing it opens up sex tourism and competing underground markets, where, as before, the underaged and trafficked will still be coerced.



The dangers will still exist within the trade, Pinga. But the buyers won't have to take responsibility for perpetuating a business that exploits.

Kimmio's picture

Kimmio

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Azdgari wrote:

Kimmio, this isn't the first time you've suggested that I would like the "right to rent the services of a prostitute".  I couldn't care less about my own access to prostitutes.  I've never bought one's services, and I don't expect I'll want to at any point in the future.

 

Good job with the "you don't have the experience (ie. not being a woman") to have the right to comment" line again, though.

 

I know you firmly believe you're right, Kimmio.  So firmly that nothing anyone says can change your mind.  It is closed to the idea that you might be mistaken.

You asked what would be wrong with a couple getting a prostitute for a 'sexcapade'. It ups the stakes for her- even if you might be respectful- others who figure they've bought their plaything for the evening might not be. What happens if she's in the middle of a performing a 'service' and has to stop (and I dunno, gag, throw up or something) and it got in the way of the fantasy? Would you expect the money back? Do you see how that's dehumanizing for her? I think that a prostitute showing up at a private orgy would put her in more danger than if she were a 'free' participant. My friend the former stripper always insisted on going in pairs to stag parties. They weren't paid to have sex, but no one was watching (and it was legal, for strippers to go to private parties, too). She was a little scared of what could happen. The only thing between them and something bad happening was perhaps a phone call- but lots could happen in the meantime. Alcohol and testosterone, and whatever else they might be doing, was a dangerous combo.

Kimmio's picture

Kimmio

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.

Kimmio's picture

Kimmio

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The experience comment, Adz, was not specifically about being a woman, necessarily. Partly that, partly as a woman with a disability- looking at patriarchy and misogyny from the bottom up, perspective- as a person who's experienced it's effects first hand, and has felt the hurt of it, not looked at in in theory only. You claim yours is a more valid perspective? More rational because it's not convoluted by emotion? Maybe more rational from where you're standing, but it's not realistic.


I've seen how shitty that business can be. I know how scared my friend was at times. I know how the "Hey baby, come here and show me your __" from strange men, felt to her night after night affected her, and met the men who talked like that as second nature. I stayed with her in her apartment the day after her "boyfriend" tried to coerce her into making a porn video in the back of a club, with a visiting porn star (it was the porn star who intervened, who saw my friend was scared and uncomfortable, and said no. I respect her for that.) The room was spinning for her, she was having panic attacks. Because of what happened, and because a guy she wanted to trust did that to her. I saw a beautiful person go from being vibrant and creative and unashamed of her body, to wearing baggy clothes and no make up everytime she was not at work because she wanted no male attention. And, I was around this stuff- and it affected me too. I was even worth less as a human being because I wasn't a hot stripper, or so I felt.


That's what the business looks like. She survived it, not unharmed. She's okay now, thank god, a strong woman. The high end call girl who goes on dates with gentleman is a rarity. Those are not acceptable "work hazards".

ninjafaery's picture

ninjafaery

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Oh Lord! There's no way I could begin to follow much here, but I just wanted to point out that alot of sex work is "hands off". Some workers never touch a client with any body part. 

It's theatre much of the time.

Kimmio's picture

Kimmio

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Strippers. But they get touched... And dominatrix'- they're not the norm in the business either. They're the savvy niche...and I believe one of the women who was high profile in the recent court case was a dominatrix? That's out of touch with what the majority endure.

Jim Kenney's picture

Jim Kenney

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Complex issue:  If we don't want people harmed, trafficed or murdered in the sex trade, we need to do things differently.  I am not sure what that difference needs to be, but I am sure it needs to honour diverse human nature with thoughtful attention to what might work and potential outcomes of each alternative that can possibly be prevented by fine-tuning.  It may be that the most effective use of society's resources may be some form of registration with intense efforts to put a high enough price on trafficking and other forms of abuse to make it economically unattractive (like maybe 10 years in jail plus 1 year for each additional person trafficked).

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