Discussion in Focus

 

10 Reasons for Not Legalizing Prostitution

 

Janice G. Raymond

Coalition Against Trafficking in Women International (CATW)

March 25, 2003

 

The following arguments apply to all state-sponsored forms of prostitution,
including but not limited to full-scale legalization of brothels and
pimping, decriminalization of the sex industry, regulating prostitution
by laws such as registering or mandating health checks for women in prostitution,
or any system in which prostitution is recognized as sex work or advocated
as an employment choice.

As countries are considering legalizing and decriminalizing the sex industry,
we urge you to consider the ways in which legitimating prostitution as
work does not empower the women in prostitution but does everything to
strengthen the sex industry. 

 

 

 

 

1. Legalization/decriminalization of prostitution is a gift
   to pimps, traffickers and the sex industry.
2. Legalization/decriminalization of prostitution and the sex
   industry promotes sex trafficking.
3. Legalization/decriminalization of prostitution does not control
   the sex industry. It expands it.
4. Legalization/decriminalization of prostitution increases
   clandestine, hidden, illegal and street prostitution.
5. Legalization of prostitution and decriminalization of the
   sex industry increases child prostitution.
6. Legalization/decriminalization of prostitution does not protect
   the women in prostitution.
7. Legalization/decriminalization of prostitution increases
   the demand for prostitution. It boosts the motivation of men to buy
   women for sex in a much wider and more permissible range of socially
   acceptable settings.
8. Legalization/decriminalization of prostitution does not promote
   women's health.
9. Legalization/decriminalization of prostitution does not enhance
   women's choice.
10. Women in systems of prostitution do not want the sex industry
    legalized or decriminalized.

ARGUMENTS:

1. Legalization/decriminalization of prostitution is a gift to pimps,
traffickers and the sex industry.

What does legalization of prostitution or decriminalization of the sex
industry mean? In the Netherlands, legalization amounts to sanctioning
all aspects of the sex industry: the women themselves, the so-called
clients and the pimps who, under the regime of legalization, are transformed
into third party businessmen and legitimate sexual entrepreneurs. 

Legalization/decriminalization of the sex industry also converts brothels,
sex clubs, massage parlors and other sites of prostitution activities
into legitimate venues where commercial sexual acts are allowed to flourish
legally with few restraints.

Ordinary people believe that, in calling for legalization or decriminalization
of prostitution, they are dignifying and professionalizing the women
in prostitution. But dignifying prostitution as work doesn't dignify
the women, it simply dignifies the sex industry. People often don't realize
that decriminalization, for example, means decriminalization of the whole
sex industry not just the women. And they haven't thought through the
consequences of legalizing pimps as legitimate sex entrepreneurs or third
party businessmen, or the fact that men who buy women for sexual activity
are now accepted as legitimate consumers of sex.

CATW favors decriminalization of the women in prostitution. No woman
should be punished for her own exploitation. But States should never
decriminalize pimps, buyers, procurers, brothels or other sex establishments.

 

2. Legalization/decriminalization of prostitution and the sex

industry promotes sex trafficking. 

 

Legalized or decriminalized prostitution industries are one of the root

causes of sex trafficking. One argument for legalizing prostitution in

the Netherlands was that legalization would help end the exploitation

of desperate immigrant women trafficked for prostitution. A report done

for the governmental Budapest Group* stated that 80% of women in the

brothels in the Netherlands are trafficked from other countries (Budapest

Group, 1999: 11). As early as 1994, the International Organization of

Migration (IOM) stated that in the Netherlands alone, nearly 70 per cent

of trafficked women were from CEEC [Central and Eastern European Countries]

(IOM, 1995: 4). 

 

The government of the Netherlands promotes itself as the champion of

anti-trafficking policies and programs, yet cynically has removed every

legal impediment to pimping, procurement and brothels. In the year 2000,

the Dutch Ministry of Justice argued for a legal quota of foreign sex

workers, because the Dutch prostitution market demands a variety of bodies

(Dutting, 2001: 16). Also in the year 2000, the Dutch government sought

and received a judgment from the European Court recognizing prostitution

as an economic activity, thus enabling women from the EU and former Soviet

bloc countries to obtain working permits as sex workers in the Dutch

sex industry if they can prove that they are self employed. NGOs in the

Netherlands have stated that traffickers are taking advantage of this

ruling to bring foreign women into the Dutch prostitution industry by

masking the fact that women have been trafficked, and by coaching the

women how to prove that they are self-employed migrant sex workers.

 

In the one year since lifting the ban on brothels in the Netherlands,

NGOs report that there has been an increase of victims of trafficking

or, at best, that the number of victims from other countries has remained

the same (Bureau NRM, 2002: 75). Forty-three municipalities in the Netherlands

want to follow a no-brothel policy, but the Minister of Justice has indicated

that the complete banning of prostitution within any municipality could

conflict with the right to free choice of work (Bureau NRM: 2002) as

guaranteed in the federal Grondwet or Constitution. 

 

In January, 2002, prostitution in Germany was fully established as a

legitimate job after years of being legalized in so-called eros or tolerance

zones. Promotion of prostitution, pimping and brothels are now legal

in Germany. As early as 1993, after the first steps towards legalization

had been taken, it was recognized (even by pro-prostitution advocates)

that 75 per cent of the women in Germany's prostitution industry were

foreigners from Uruguay, Argentina, Paraguay and other countries in South

America (Altink, 1993: 33). After the fall of the Berlin wall, brothel

owners reported that 9 out of every 10 women in the German sex industry

were from eastern Europe (Altink, 1993: 43) and other former Soviet countries.

The sheer volume of foreign women who are in the prostitution industry

in Germany, by some NGO estimates now up to 85 per cent, casts further

doubt on the fact that these numbers of women could have entered Germany

without facilitation. As in the Netherlands, NGOs report that most

of the foreign women have been trafficked into the country since it

is almost impossible for poor women to facilitate their own migration,

underwrite the costs of travel and travel documents, and set themselves

up in business without outside help. 

The link between legalization of prostitution and trafficking in Australia

was recognized in the U.S. State Department's 1999 Country Report on

Human Rights Practices, released by the Bureau of Democracy, Human Rights

and Labor. In the country report on Australia, it was noted that in the

State of Victoria which legalized prostitution in the 1980s, trafficking

in East Asian women for the sex trade is a growing problem in Australia.

Lax laws, including legalized prostitution in parts of the country, make

[anti-trafficking] enforcement difficult at the working level.

 

3. Legalization/decriminalization of prostitution does not control

the sex industry. It expands it.

 

Contrary to claims that legalization and decriminalization would regulate

the expansion of the sex industry and bring it under control, the sex

industry now accounts for 5 percent of the Netherlands economy (Daley,

2001: 4). Over the last decade, as pimping became legalized and then

brothels decriminalized in the Netherlands in 2000, the sex industry

expanded 25 percent (Daley, 2001: 4). At any hour of the day, women of

all ages and races, dressed in hardly anything, are put on display in

the notorious windows of Dutch brothels and sex clubs and offered for

sale -- for male consumption. Most of them are women from other countries

(Daley, 2001: 4) who have in all likelihood been trafficked into the

Netherlands.

 

There are now officially recognized associations of sex businesses and

prostitution customers in the Netherlands that consult and collaborate

with the government to further their interests and promote prostitution.

These include the Association of Operators of Relaxation Businesses,

the Cooperating Consultation of Operators of Window Prostitution, and

the Man/Woman and Prostitution Foundation, a group of men who regularly

use women in prostitution, and whose specific aims include to make prostitution

and the use of services of prostitutes more accepted and openly discussible,

and to protect the interests of clients (NRM Bureau, 2002:115-16).

 

Faced with a dearth of women who want to work in the legal sex sector,

the Dutch National Rapporteur on Trafficking states that in the future,

a proposed solution may be to offer [to the market] prostitutes from

non EU/EEA countries, who voluntarily choose to work in prostitution.

They could be given legal and controlled access to the Dutch market (NRM

Bureau, 2002: 140). As prostitution has been transformed into sex work,

and pimps into entrepreneurs, so too this potential solution transforms

trafficking into voluntary migration for sex work.The Netherlands is

looking to the future, targeting poor women of color for the international

sex trade to remedy the inadequacies of the free market of sexual services.

In the process, it goes further in legitimizing prostitution as an option

for the poor.

 

Legalization of prostitution in the State of Victoria, Australia, has

led to massive expansion of the sex industry. Whereas there were 40 legal

brothels in Victoria in 1989, in 1999 there were 94, along with 84 escort

services. Other forms of sexual exploitation, such as tabletop dancing,

bondage and discipline centers, peep shows, phone sex, and pornography

have all developed in much more profitable ways than before (Sullivan

and Jeffreys: 2001).

 

Prostitution has become an accepted sideline of the tourism and casino

boom in Victoria with government-sponsored casinos authorizing the redeeming

of casino chips and wheel of fortune bonuses at local brothels (Sullivan

and Jeffreys: 2001). The commodification of women has vastly intensified

and is much more visible.

 

Brothels in Switzerland have doubled several years after partial legalization

of prostitution. Most of these brothels go untaxed, and many are illegal.

In 1999, the Zurich newspaper, Blick, claimed that Switzerland had the

highest brothel density of any country in Europe, with residents feeling

overrun with prostitution venues, as well as experiencing constant encroachment

into areas not zoned for prostitution activities (South China Morning

Post: 1999).

 

4. Legalization/decriminalzaton of prostitution increases clandestine,

hidden, illegal and street prostitution.

 

Legalization was supposed to get prostituted women off the street. Many

women don't want to register and undergo health checks, as required by

law in certain countries legalizing prostitution, so legalization often

drives them into street prostitution. And many women choose street prostitution

because they want to avoid being controlled and exploited by the new

sex businessmen.

 

In the Netherlands, women in prostitution point out that legalization

or decriminalization of the sex industry cannot erase the stigma of prostitution

but, instead, makes women more vulnerable to abuse because they must

register and lose anonymity. Thus, the majority of women in prostitution

still choose to operate illegally and underground. Members of Parliament

who originally supported the legalization of brothels on the grounds

that this would liberate women are now seeing that legalization actually

reinforces the oppression of women (Daley, 2001: A1).

 

The argument that legalization was supposed to take the criminal elements

out of sex businesses by strict regulation of the industry has failed.

The real growth in prostitution in Australia since legalization took

effect has been in the illegal sector. Since the onset of legalization

in Victoria, brothels have tripled in number and expanded in size; the

vast majority having no licenses but advertising and operating with impunity

(Sullivan and Jeffreys: 2001). In New South Wales, brothels were decriminalized

in 1995. In 1999, the numbers of brothels in Sydney had increased exponentially

to 400-500. The vast majority have no license to operate. To end endemic

police corruption, control of illegal prostitution was taken out of the

hands of the police and placed in the hands of local councils and planning

regulators. The council has neither the money nor the personnel to put

investigators into brothels to flush out and prosecute illegal operators.

 

5. Legalization of prostitution and decriminalization of the

sex industry increases child prostitution. 

 

Another argument for legalizing prostitution in the Netherlands was that

it would help end child prostitution. In reality, however, child prostitution

in the Netherlands has increased dramatically during the 1990s. The Amsterdam-based

ChildRight organization estimates that the number has gone from 4,000

children in 1996 to 15,000 in 2001. The group estimates that at least

5,000 of the children in prostitution are from other countries, with

a large segment being Nigerian girls (Tiggeloven: 2001).

 

Child prostitution has dramatically risen in Victoria compared to other

Australian states where prostitution has not been legalized. Of all the

states and territories in Australia, the highest number of reported incidences

of child prostitution came from Victoria. In a 1998 study undertaken

by ECPAT (End Child Prostitution and Trafficking) who conducted research

for the Australian National Inquiry on Child Prostitution, there was

increased evidence of organized commercial exploitation of children.

 

6. Legalization/decriminalization of prostitution does not protect

the women in prostitution.

 

The Coalition Against Trafficking in Women International (CATW) has conducted

2 major studies on sex trafficking and prostitution, interviewing almost

200 victims of commercial sexual exploitation. In these studies, women

in prostitution indicated that prostitution establishments did little

to protect them, regardless of whether they were in legal or illegal

establishments. The only time they protect anyone is to protect the customers.

 

In a CATW 5-country study that interviewed 146 victims of international

trafficking and local prostitution, 80% of all women interviewed suffered

physical violence from pimps and buyers) and endured similar and multiple

health effects from the violence and sexual exploitation (Raymond et

al: 2002). 

 

The violence that women were subjected to was an intrinsic part of the

prostitution and sexual exploitation. Pimps used violence for many different

reasons and purposes. Violence was used to initiate some women into prostitution

and to break them down so that they would do the sexual acts. After initiation,

at every step of the way, violence was used for sexual gratification

of the pimps, as a form of punishment, to threaten and intimidate women,

to exert the pimp's dominance, to exact compliance, to punish women for

alleged violations, to humiliate women, and to isolate and confine women. 

 

Of the women who did report that sex establishments gave some protection,

they qualified it by pointing out that no protector was ever in the room

with them, where anything could occur. One woman who was in out-call

prostitution stated: The driver functioned as a bodyguard. You're supposed

to call when you get in, to ascertain that everything was OK. But they

are not standing outside the door while you're in there, so anything

could happen.

 

CATW's studies found that even surveillance cameras in prostitution establishments

are used to protect the establishment. Protection of the women from abuse

is of secondary or no importance.

 

7. Legalization/decriminalization of prostitution increases the

demand for prostitution. It boosts the motivation of men to buy women

for sex in a much wider and more permissible range of socially acceptable

settings.

 

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 of prostitution sends the message to new generations of

men and boys that women are sexual commodities and that prostitution

is harmless fun.

 

As men have an excess of sexual services that are offered to them, women

must compete to provide services by engaging in anal sex, sex without

condoms, bondage and domination and other proclivities demanded by the

clients. Once prostitution is legalized, all holds are barred. Women's

reproductive capacities are sellable products, for example. A whole new

group of clients find pregnancy a sexual turn-on and demand breast milk

in their sexual encounters with pregnant women. Specialty brothels are

provided for disabled men, and State-employed caretakers who are mostly

women must take these men to the brothels if they wish to go (Sullivan

and Jeffreys: 2001). 

 

Advertisements line the highways of Victoria offering women as objects

for sexual use and teaching new generations of men and boys to treat

women as subordinates. Businessmen are encouraged to hold their corporate

meetings in these clubs where owners supply naked women on the table

at tea breaks and lunchtime. 

 

A Melbourne brothel owner stated that the client base was well educated

professional men, who visit during the day and then go home to their

families. Women who desire more egalitarian relationships with men find

that often the men in their lives are visiting the brothels and sex clubs.

They have the choice to accept that their male partners are buying women

in commercial sexual transactions, avoid recognizing what their partners

are doing, or leave the relationship (Sullivan and Jeffreys: 2001).

 

Sweden's Violence Against Women, Government Bill 1997/98:55 prohibits

and penalizes the purchase of sexual services. It is an innovative approach

that targets the demand for prostitution. Sweden believes that by prohibiting

the purchase of sexual services, prostitution and its damaging effects

can be counteracted more effectively than hitherto. Importantly, this

law clearly states that: Prostitution is not a desirable social phenomenon

and is an obstacle to the ongoing development towards equality between

women and men.**

 

8. Legalization/decriminalization of prostitution does not promote

women's health.

 

A legalized system of prostitution that mandates health checks and certification

only for women and not for clients is blatantly discriminatory to women.

Women only health checks make no public health sense because monitoring

prostituted women does not protect them from HIV/AIDS or STDs, since

male clients can and do originally transmit disease to the women. 

 

It is argued that legalized brothels or other controlled prostitution

establishments protect women through enforceable condom policies. In

one of CATW's studies, U.S. women in prostitution interviewed reported

the following: 47% stated that men expected sex without a condom; 73%

reported that men offered to pay more for sex without a condom; 45% of

women said they were abused if they insisted that men use condoms. Some

women said that certain establishments may have rules that men wear condoms

but, in reality, men still try to have sex without them. One woman stated:It's

regulation to wear a condom at the sauna, but negotiable between parties

on the side. Most guys expected blow jobs without a condom (Raymond and

Hughes: 2001). 

 

In reality, the enforcement of condom policy was left to the individual

women in prostitution, and the offer of extra money was an insistent

pressure. One woman stated: ;I'd be one of those liars if I said "Oh

I always used a condom." If there was extra money coming in, then

the condom would be out the window. I was looking for the extra money.

Many factors militate against condom use: the need of women to make money;

older women's decline in attractiveness to men; competition from places

that do not require condoms; pimp pressure on women to have sex with

no condom for more money; money needed for a drug habit or to pay off

the pimp; and the general lack of control that prostituted women have

over their bodies in prostitution venues.

 

So called "safety policies" in brothels did not protect women

from harm. Even where brothels supposedly monitored the "customers" and

utilized "bouncers," women stated that they were injured by

buyers and, at times, by brothel owners and their friends. Even when

someone intervened to control buyers' abuse, women lived in a climate

of fear. Although 60 percent of women reported that buyers had sometimes

been prevented from abusing them, half of those women answered that,

nonetheless, they thought that they might be killed by one of their "customers

(Raymond et al: 2002).

 

9. Legalization/decriminalization of prostitution does not enhance

women's choice. 

 

Most women in prostitution did not make a rational choice to enter prostitution.

They did not sit down one day and decide that they wanted to be prostitutes.

Rather, such choicesare better termed survival strategies. Rather than

consent, a prostituted woman more accurately complies to the only options

available to her. Her compliance is required by the very fact of having

to adapt to conditions of inequality that are set by the customer who

pays her to do what he wants her to do.

 

Most of the women interviewed in CATW studies reported that choice in

entering the sex industry could only be discussed in the context of the

lack of other options. Most emphasized that women in prostitution had

few other options. Many spoke about prostitution as the last option,

or as an involuntary way of making ends meet. In one study, 67% of the

law enforcement officials that CATW interviewed expressed the opinion

that women did not enter prostitution voluntarily. 72% of the social

service providers that CATW interviewed did not believe that women voluntarily

choose to enter the sex industry (Raymond and Hughes: 2001). 

 

The distinction between forced and voluntary prostitution is precisely

what the sex industry is promoting because it will give the industry

more security and legal stability if these distinctions can be utilized

to legalize prostitution, pimping and brothels. Women who bring charges

against pimps and perpetrators will bear the burden of proving that they

were forced. How will marginalized women ever be able to prove coercion?

If prostituted women must prove that force was used in recruitment or

in their working conditions, very few women in prostitution will have

legal recourse and very few offenders will be prosecuted.

 

Women in prostitution must continually lie about their lives, their bodies,

and their sexual responses. Lying is part of the job definition when

the customer asks,did you enjoy it? The very edifice of prostitution

is built on the lie that women like it. Some prostitution survivors have

stated that it took them years after leaving prostitution to acknowledge

that prostitution wasn't a free choice because to deny their own capacity

to choose was to deny themselves.

 

There is no doubt that a small number of women say they choose to be

in prostitution, especially in public contexts orchestrated by the sex

industry. In the same way, some people choose to take dangerous drugs

such as heroin. However, even when some people choose to take dangerous

drugs, we still recognize that this kind of drug use is harmful to them,

and most people do not seek to legalize heroin. In this situation, it

is harm to the person, not the consent of the person that is the governing

standard.

 

Even a 1998 ILO (UN International Labor Organization) report suggesting

that the sex industry be treated as a legitimate economic sector, found

that prostitution is one of the most alienated forms of labour; the surveys

[in 4 countries] show that women worked "with a heavy heart,""felt

forced,"or were ";conscience-stricken" and had negative

self-identities. A significant proportion claimed they wanted to leave

sex work [sic] if they could (Lim, 1998: 213)."

 

When a woman remains in an abusive relationship with a partner who batters

her, or even when she defends his actions, concerned people don't say

she is there voluntarily. They recognize the complexity of her compliance.

Like battered women, women in prostitution often deny their abuse if

provided with no meaningful alternatives.

 

10. Women in systems of prostitution do not want the sex industry

legalized or decriminalized.

 

In a 5-country study on sex trafficking done by the Coalition Against

Trafficking in Women and funded by the Ford Foundation, most of the 146

women interviewed strongly stated that prostitution should not be legalized

and considered legitimate work, warning that legalization would create

more risks and harm for women from already violent customer and pimps

(Raymond et al, 2002). "No way. It's not a profession. It is humiliating

and violence from the men's side. Not one woman interviewed wanted her

children, family or friends to have to earn money by entering the sex

industry. One stated: Prostitution stripped me of my life, my health,

everything.

 

CONCLUSION

 

Legislators leap onto the legalization bandwagon because they think nothing

else is successful. However, as Scotland Yard's Commissioner has stated:

'You've got to be careful about legalizing things just because you don't

think what you are doing is successful.

 

We hear very little about the role of the sex industry in creating a

global sex market in the bodies of women and children. Instead, we hear

much about making prostitution into a better job for women through regulation

and/or legalization, through unions of so-called sex workers,and through

campaigns which provide condoms to women in prostitution but cannot provide

them with alternatives to prostitution. We hear much about how to keep

women in prostitution but very little about how to help women get out. 

 

Governments that legalize prostitution as sex work will have a huge economic

stake in the sex industry. Consequently, this will foster their increased

dependence on the sex sector. If women in prostitution are counted as

workers, pimps as businessmen, and buyers as consumers of sexual services,

thus legitimating the entire sex industry as an economic sector, then

governments can abdicate responsibility for making decent and sustainable

employment available to women.

 

Rather than the State sanctioning prostitution, the State could address

the demand by penalizing the men who buy women for the sex of prostitution,

and support the development of alternatives for women in prostitution

industries. Instead of governments cashing in on the economic benefits

of the sex industry by taxing it, governments could invest in the futures

of prostituted women by providing economic resources, from the seizure

of sex industry assets, to provide real alternatives for women in prostitution.

 

NOTES:

 

*Budapest Group. (1999, June). The Relationship Between Organized Crime

and Trafficking in Aliens. Austria: International Centre for Migration

Policy Development. The Budapest process was initiated in 1991. Nearly

40 governments and 10 organizations participate in the process, and about

50 intergovernmental meetings at various levels have been held, including

the Prague Ministerial Conference.

**The National Rapporteur on Trafficking at the National Swedish Police

has stated that in the 6 months following the implementation of the Swedish

law in January 1999, the number of trafficked women to Sweden has declined.

She also stated that according to police colleagues in the European Union

that traffickers are choosing other destination countries where they

are not constrained by similar laws. Thus the law serves as a deterrent

to traffickers. Quoted in Karl Vicktor Olsson, Sexkopslagen minskar handeln

med kvinnor, Metro, January 27, 2001: 2.

 

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(London: Scarlet Press).

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but No Gain. New York Times, pp. A1 and 4.

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