Condoms – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-65/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-65/#respond Mon, 23 Jan 2017 14:30:43 +0000 https://lawstreetmedia.com/?p=58304

Check out the best of the week!

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It’s Monday and Donald Trump is officially our president! In other words, this past week was pretty hectic to say the least. So ICYMI, check out some of our top trending stories from last week below!

Rinat Dray: NYC Bar Association Supports Woman Who Sued Hospital for Forced C-Section

In 2011, Rinat Dray went to Staten Island Hospital, already in labor. She had already had two babies through C-sections and had her mind set on giving birth naturally. But she said the doctor immediately started persuading her to have a C-section. In 2014 she sued the hospital for malpractice, among other claims, saying that the doctors did not care about her judgment as a mother, but pressured and threatened her.

Girl Scouts Face Backlash for Decision to March in Trump’s Inaugural Parade

The Girl Scouts of the USA have a controversial weekend ahead of them–it has been announced that the organization will be attending and marching in President-elect Donald Trump’s inaugural parade. And given Trump’s pretty abysmal record on women’s rights, a lot of people are really mad at the organization for making that call.

Man Found Guilty of Rape After Removing Condom During Sex

Consent is essential before engaging in any kind of sexual activity. But as one case in Switzerland makes very clear, consent goes well beyond simply saying yes or no before having sex. In a landmark decision Monday, the Criminal Court in Lausanne, Switzerland convicted an unnamed man of rape after he secretly removed a condom during sex with his partner, without her knowledge or consent.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Russia Faces AIDS Epidemic, Government Blames Moral Lapses https://legacy.lawstreetmedia.com/blogs/world-blogs/russia-faces-aids-epidemic-government-blames-moral-lapses/ https://legacy.lawstreetmedia.com/blogs/world-blogs/russia-faces-aids-epidemic-government-blames-moral-lapses/#respond Wed, 07 Sep 2016 17:50:55 +0000 http://lawstreetmedia.com/?p=55334

This is a big problem for Russia.

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"Moscow, Russia (Film Scan)" courtesy of [Thomas Depenbusch via Flickr]

With 1 million confirmed cases, Russia is experiencing an HIV/AIDS epidemic, and it seems like no one knows how to handle it. The response from the Russian government is conservative and prejudiced, and puts blame on the affected people for lacking morals.

Rising Epidemic

According to a UNAIDS report from July 2016, Eastern Europe and central Asia make up the only region in the world where AIDS continues to rise rapidly. More than 80 percent of new cases in that region were in Russia. Even though the majority of cases affect key populations, such as drug users and gay men, it also spreads quickly through the rest of the population, especially heterosexual women, because condoms are somewhat difficult to come by.

“Condoms have practically been banned because they lead to people having sex, and sex is risky,” said Dr. Orlova-Morozova, head of Moscow Regional Hospital’s AIDS department, to ABC. The hospital currently has 38,000 patients with HIV or AIDS. He said that there is not enough money for medicine, so they have to choose who to treat and turn away many.

Rejected by Society

This view on HIV/AIDS is so conservative and biased it is hard to believe. A poster on the hospital wall where Dr. Orlova-Morozova works says: “The majority of cases of HIV/AIDS are due to the weaknesses and improper behavior on behalf of the infected person.” People who are HIV positive often lose their jobs, their friends, and are pushed out from society.

Under President Putin’s rule, life in Russia has shifted back toward a moral standard that was commonplace during the Soviet Union era, and religious leaders have a lot of influence. The approach commonly adopted is ‘Family, fidelity and faith.’ According to LaSky, an outreach organization for gay men in Moscow, there was a “scientific” paper at a recent AIDS convention that was called “How prayer can cure HIV.”

The government has banned sex education in schools and it is punishable by law to even mention sex or AIDS to children under 15 years of age if you’re a teacher. It is estimated that over half of the HIV cases in Russia are spread via intravenous drug use. But despite the fact that methadone treatment is the most successful way of treating drug addiction according to WHO, methadone therapy has been illegal since Putin came to power. There is also no way to hand out sterile needles.

Distrust of the Government

The hospitals can’t even help everyone they would want to–people with foreign citizenships living in Russia are not entitled to free medical help. A man that ABC talked to, called Sasha, was born in Uzbekistan but lived in Moscow when he discovered he was HIV positive. To get free care he would have to go back home, where homosexuality is illegal. He can’t even work to make his own money for treatment, since he would have to prove he’s HIV-free to get a job in Russia.

Social worker Maksim Malyshev thinks it is the government’s attitude that is the problem.

In my view, the problem of HIV infection in Russia exists because the people whose job it is to find ways of preventing HIV in Russia are doing a crap job. They are living in some kind of fantasy world of their own, and they have no desire to listen about science-based methods and to the specialists who are working on this problem.

Evgeny Sorokoumov, project manager for LaSky, agrees, saying, “Putin wants to show the world that our country is strong. No one needs us. We can just die.”

The UNAIDS report concludes by stating that changes in behavior, comprehensive sex education, and distribution of condoms are important measures to prevent any further spread of HIV. But in Russia’s case, it seems to be the will that is lacking, not just the way.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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RantCrush Top 5: May 17, 2015 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-17-2015/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-17-2015/#respond Tue, 17 May 2016 21:13:33 +0000 http://lawstreetmedia.com/?p=52579

Check out today's top 5.

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"Cigarette Smoke" courtesy of [Marco / Zak via Flickr]

Welcome to the RantCrush Top 5, where we take you through the top five controversial and crazy stories in the world of law and policy each day. So who is ranting and who is raving today? Check it out below:

Samantha Bee Rips the Religious Right

Samantha Bee is back at it again with a scathing critique on everyone’s favorite topic: the religious right. Beginning with a hilarious history of evangelical Christianity’s relationship with politics, Donald Trump, and the GOP, Samantha Bee gives some important insight how the religious right has been losing its grasp on the White House in recent years. Check it out:

Philip Morris Blows Whistle on New Cigarette Packaging and Gets Shutdown

Philip Morris, a tobacco giant known for Marlboro cigarettes, made headlines today after it tried to sue Australia for its creepy looking cigarette packaging rules. If you’ve seen them, you may never want to go near cigarettes again! That is exactly why Philip Morris is filing suits left and right, claiming the countries that apply these rules are impinging on their trademark intellectual property rights. Do they have a point?

Australia Wraps It Up Ahead of Rio Olympics

The 2016 Summer Olympics are about to get crazy. Along with Brazil’s increased financial burdens, Zika is in the back of everyone’s mind. This is why Australia pharma company Starpharma and a leading condom company are taking aggressive precautions in creating a Zika-proof condom for the Australian Olympic team. Hopefully, protection will be available to everyone when the games begin.

Viral Video Shows Woman Denouncing Trans Bathroom Use In Local Target

Attention Target customers! Do not be deceived! Target is amazing, you can literally get anything there. You can also, as a transperson, have access to the bathroom. Which is great, right?  

Well, some folks beg to differ. Particularly this woman whose video went viral today after marching through a local Target with a raised Bible warning mothers to get their children out of the store and away from Target’s “homosexual perverted agenda.” Besides scaring some people, all this woman and her posse accomplished was creating a nuisance.

Snapchat Drops The Ball Again!

Admit it, you love Snapchat filters. You spend hours taking pics as a slobbering puppy or with a perpetual frowny face, because it’s fun and hilarious! However, some people are not taking the apps “pretty” or beauty filters so lightly. Many claim that the filters make individuals with deeper tones look lighter instead of enhancing present features. This comes only a few weeks after Snapchat’s Bob Marley “blackface” scandal. Will Snapchat get it together already?

Rant Crush
RantCrush collects the top trending topics in the law and policy world each day just for you.

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Anti-Zika Treated Condoms to be Handed out to Australian Olympic Team https://legacy.lawstreetmedia.com/blogs/sports-blog/anti-zika-treated-condoms-handed-australian-olympic-team/ https://legacy.lawstreetmedia.com/blogs/sports-blog/anti-zika-treated-condoms-handed-australian-olympic-team/#respond Tue, 17 May 2016 13:30:59 +0000 http://lawstreetmedia.com/?p=52547

For those who want to get it on safely in the Olympic Village.

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"Condoms", courtesy by [trec_lit via Flickr]

Australian athletes will be generously provided with free anti-Zika virus condoms during the 2016 Olympics in Rio. As reported from previous Olympic games, the athletes will almost certainly use them. The Australian Pharmaceutical Company Starpharma teams up with the world’s second biggest condom maker Ansell in supplying the team with condoms treated with a gel that seems to give almost total protection against the virus, as well as other viruses including HIV and herpes.

The 2016 summer Olympics will, as most know, be held in Rio De Janeiro this year. Brazil has been the center of the outbreak of the Zika virus that causes microcephaly, a disease that causes babies to be born with abnormally small heads. The virus particularly affects pregnant women and is passed on via mosquitos, from a man to his sex partners, or from a woman to her child during pregnancy or when giving birth.

The large-scale outbreak of the virus in Brazil has prompted arguments from some that the Olympics Game should be cancelled:

Starpharma’s spokesperson pointed to the increasing importance of protection against the Zika virus, which is now proven to be sexually transmitted. The Australian Olympic Committee said that blood testing of the athletes will not be necessary when they return to Australia, since there is a low risk of catching the virus as long as you follow precautions. The AOC have already sent out a total of 450,000 condoms for the Olympic Village.

On Friday May 13, the first US case of microcephaly due to locally transmitted Zika was reported in Puerto Rico. The United States Olympic Committee said in March that they would give the American athletes guidelines regarding the virus ahead of the games, but whether to attend or not would be up to the individual.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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James Deen’s Porn Company Faces Hefty Fine for Health Violations https://legacy.lawstreetmedia.com/blogs/law/james-deens-porn-company-faces-hefty-fine-for-health-violations/ https://legacy.lawstreetmedia.com/blogs/law/james-deens-porn-company-faces-hefty-fine-for-health-violations/#respond Sat, 12 Mar 2016 14:30:05 +0000 http://lawstreetmedia.com/?p=51226

Condoms are at the top of the list.

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Image courtesy of [Rorro Navia via Flickr]

James Deen is back in the news for yet another not-so-good reason after his porn production company was slapped with an almost $78,000 series of fines for multiple health and safety violations.

California’s Division of Occupational Safety and Health (Cal/OSHA) received a complaint about James Deen Productions, also known as Third Rock Enterprises, last December, and began investigating the production company owned by Deen. The violations that were discovered by Cal/OSHA include not mandating that performers wear condoms. The use of condoms in pornography is required by Los Angeles County law. According to the head of the agency, Juliann Sum:

Cal/OSHA requires condom use in adult films to protect workers from exposure to HIV and other sexually transmitted infections. Third Rock Enterprises failed to protect employees from illness and injury while on set.

The production company also violated laws by not providing vaccines or medical examinations to performers who were potentially exposed to diseases, including Hepatitis B. All said and done, the company racked up nine violations, four of which were determined to be so dangerous that “death or serious harm” could have resulted. The fines associated with all those violations combined total $77,875.

Deen responded to the news of the agency’s decision; according to a press release sent to ATTN:

At no point was any adult performer exposed to any disease while working for James Deen Productions. At no time did any performer contract any illness or suffer any injury while working for James Deen Productions. […] I am not ok with the government dictating what people are allowed to watch in the privacy of their homes. This is a case of an outside organization pushing their personal desires and agenda on the viewers of adult entertainment. Just because the AIDS Healthcare Foundation decides they are not comfortable with certain sexual acts does not mean is should be deemed illegal.

James Deen has been under a lot of criticism over the last few months. In December, he was accused of sexual assault by nine different female adult performers, including his high-profile ex-girlfriend Stoya. After the allegations surfaced, a few different porn companies dropped Deen as a performer.

A law that requires the use of condoms by porn performers in Los Angeles County, known as “Measure B”, was certainly controversial when it passed in 2012–although in this case, Deen was cited under existing Cal/OSHA regulations. However Measure B led to concerns of an exodus of porn companies from Los Angeles when it was first passed. Deen was opposed to that law from the beginning–seems like he’s about to put his money where his mouth is when it comes to regulations in porn.

Editor’s Note: The last paragraph has been updated to more clearly reflect the language of the Cal/OSHA regulations.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Prostitution: Should it be Legalized or Criminalized? https://legacy.lawstreetmedia.com/issues/law-and-politics/prostitution-legalized-criminalized/ https://legacy.lawstreetmedia.com/issues/law-and-politics/prostitution-legalized-criminalized/#comments Wed, 25 Feb 2015 21:29:52 +0000 http://lawstreetmedia.wpengine.com/?p=34925

Will the U.S. move towards decriminalization or legalization of prostitution?

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Image courtesy of [Steve Parker via Flickr]

Attitudes toward prostitution in the United States have long been based on the Judeo-Christian tradition arguing that selling sex is immoral; however, global trends arguing for sexual self-determination and changing attitudes toward the sex industry have become more popular. The United Nations Secretary General has even called for the decriminalization of sex work. These changes pose the question: how should the United States address the issue of prostitution?

The U.S. still criminalizes sex work, but the urgency of making changes in this sphere is evident in the growing sex worker rights movement that strives to define the legal status and rights of prostitutes. Read on to learn more about different models of regulating prostitution, and the arguments for and against them.


What are the real numbers behind prostitution?

Prostitution is “the act of offering one’s self for hire to engage in sexual relations.” In other words, it’s an exchange of a sexual act for money.

It’s hard to determine the real numbers behind prostitution due to the fact that sex work is criminalized in the United States. As most of the actors involved in this business operate underground, statistics are rather scarce. Some estimates of the current number of prostitutes range from 230,000 to 350,000, but others put the number closer to one million.

Prostitutes come from a variety of backgrounds. Indisputably, there are those who come from marginalized and impoverished environments, were sexually abused, homeless, poorly educated, or drug addicted. In addition, some women and men are coerced or trafficked into prostitution. Every year thousands of people are trafficked for the purposes of exploitation, including sexual exploitation. However, this doesn’t mean that all prostitutes are forced or trafficked. There are also those who chose to become involved in sex work of their own volition. These people can have different motivations to enter the sex industry, citing high earnings, flexible work hours, or genuine passion for this line of work.


Should prostitution be decriminalized, legalized, or none of the above?

Generally, you hear about three distinct approaches to prostitution: criminalization, decriminalization, and legalization. All of them are rooted in different ideological perspectives and include diverse goals and contrasting methods of achieving their desired objectives. Watch the video below to learn more about the ongoing debate over prostitution.

Criminalization

Prostitution is criminalized in most parts of the United States. Proponents of this view often believe that prostitution is immoral, and therefore label it as a criminal behavior. In their view, prostitution endangers marriages and is simply wrong. Prostitutes are viewed as criminals who behave illegally. The rhetoric of those who support criminalization is often centered on the notion that such alternatives as legalization will have devastating consequences on the American morale.

The supporters of criminalization also connect legal prostitution with increased sex trafficking, the spread of STDs, and a greater number of children being coerced into the sex industry. Watch the video below to learn more about Catharine MacKinnon’s arguments against the legalization of prostitution and its connection with human trafficking.

Decriminalization

Decriminalization means the removal of certain criminal laws related to the operation of the sex industry. When prostitution is decriminalized, consensual adult sexual activity in a commercial setting is no longer viewed as a crime. Decriminalization can be considered a half step toward legalization as individuals engaged in the business can be required to obtain a special permit or be subjected to penalties. Essentially, if a person is caught in the act, his punishment will be no more than a fine, something along the lines of speeding or a parking ticket.

At the same time, decriminalization doesn’t legalize sex work, but does instruct law enforcement to give low priority to prostitution cases. This approach intends to use the already existing legal mechanisms to support the health and safety of prostitutes. Many advocates of decriminalization cite labor and anti-discrimination laws as arguments to grant prostitutes certain rights, including freedom of choice and self-regulation.

Decriminalized systems often still impose criminal penalties for all other actors involved in the business, including clients and pimps. This perspective is rooted in the abolitionist movement that historically rescued women from prostitution and trained them for alternative careers. In this view, prostitutes are victims of male exploitation and supporters of this approach often consider prostitution demeaning to women.

The ultimate goal of decriminalization is to uproot the profession by targeting those who purchase sex in the first place. It’s believed that by eradicating the demand, the supply will subside on its own. The advocates of this form of decriminalization usually strongly oppose legalization that will make the sex business flourish instead of extinguishing the industry.

The Swedish Model

The Swedish model is the most influential decriminalization example. Since 1999, buying sex in Sweden is a criminal offense punishable by fines or up to six months imprisonment. Contrarily, selling of sexual services is not a criminal offense, meaning that prostitutes are not subjected to criminal law proceedings. The law is popular in Sweden–80 percent of the Swedish population supports the initiative, but many are still skeptical of its effectiveness.

The Swedish model was also adopted in Norway and Iceland. In 2014, Canada moved to this model of controlling public solicitation of prostitution and restricting demand on sexual services. In addition, similar decriminalization models were adopted in Nepal, India, American Samoa, Bhutan, Cambodia, China, Fiji, Guam, Republic of Korea, Palau, and Taiwan.

What are the arguments in favor of decriminalization?

Decriminalization of prostitution can arguably decrease violence against prostitutes. A study in San Francisco found that 82 percent of prostitutes have been assaulted and 68 percent were raped during their time working in the sex industry. Another study in Colorado Springs found that prostitutes were 18 times more likely to be murdered than non-prostitute women of their demographic. If sex work is criminalized, prostitutes are reluctant to ask for help or go to the police if victimized. If decriminalized, prostitutes and law enforcement will have an avenue for communication, and if a prostitute is victimized she can report the crime to the police without the fear of being charged and detained for prostitution.

Decriminalization can also benefit the investigation of sex trafficking cases as prostitutes can aid law enforcement with information from the inside. In addition, law enforcement can save valuable resources as police departments won’t need to deal with as many prostitution cases. In 2011, Texas alone spent $8 million on prison expenses related to prostitution. Decriminalization won’t eliminate the financial burden completely as pimps and johns are often criminalized in those countries who adhere to decriminalization model, but it can decrease expenses overall and re-direct resources towards other crimes.

What are the arguments against decriminalization?

Criminalization of sexual services for clients, and not for prostitutes, can be challenging as both those who purchase and provide sexual services are unlikely to admit to the transaction. Clients will be reluctant to do so due to the existing criminal laws, while prostitutes can lose their income and clientele if they aid law enforcement. In fact, several independent studies have shown that current laws have pushed some Swedish prostitutes underground, resulting in an increased danger of victimization.

Those who oppose the Swedish approach to prostitution are also concerned with its unintended consequences of stigmatization and marginalization of those who enter the sex industry of their own volition. The Swedish model doesn’t acknowledge that prostitutes can choose this occupation out of their free will, but view all prostitutes as passive victims of violence and abuse.

Overall, there isn’t much evidence that this approach improves the quality of work and life of sex workers, or decreases HIV or STD transmissions. Even through the Swedish model is popular around the world, both the Swedish and the international experiences don’t provide enough indications of decline in prostitution.

Legalization

Legalization usually involves a system of laws and government regulations that define the operation of the sex industry. Such a system can be highly regulated or merely define the legal conditions under which prostitutes can operate. Legalization is often accompanied by strict criminal penalties for those who operate outside the established framework. Prostitutes are often required to pay special taxes, can work only in specified zones, and to register with the government. In addition, prostitutes are often obligated to regularly undergo health checks, and to obtain special licenses to legally operate as a sex workers. Thus, the legalization of prostitution seeks to control, regulate, and define the rules of the sex industry.

The legalization model emphasizes freedom of personal choice and regards prostitution as a form of work. The supporters of this approach maintain the belief that sexual relations between two consenting adults should’t be criminalized as those who engage in this type of relations do so voluntarily. This rhetoric is centered on the notion that people are free to choose what to do with their bodies and, therefore, entering into contracts to provide sexual services is their right that shouldn’t be undermined by the views of those who don’t agree with their decision. At the same time, advocates for legalization acknowledge that people can be forced or coerced into prostitution. They also acknowledge the existence of trafficking and exploitation, but don’t believe that all women are victims, and that prostitution automatically leads to violence.

European Experiences

The Netherlands and Germany are, probably, the most prominent examples of legalization. The Netherlands legalized prostitution in 2000, and it’s now regulated by the country’s labor laws. Germany followed in 2002 by providing prostitutes with legal protections and social insurance. In both countries the sex industry boomed, resulting in increased numbers of legal brothels and prostitutes, but also prompted concerns over increased cases of human trafficking.

Nevada’s Legal Brothels

The state of Nevada has a long history of regulating prostitution in some counties, starting in  1937 when a law was enacted to require weekly health checks for all prostitutes. In 1971, Nevada began taxing brothels, thus legalizing the sex industry in rural counties of the state. As of now, there are around 500 prostitutes who are working in 30 brothels. A recent study found that 84 percent of the surveyed prostitutes in Nevada felt safe working in the legal brothels, and were not trafficked or coerced into prostitution. Contrary to the European countries that have legalized prostitution, Nevada’s sex workers are considered independent contractors. Consequently, they don’t receive unemployment, retirement, or healthcare benefits.

What are the arguments for legalization?

All arguments cited earlier in support of the decriminalization model, such as decreased violence, better cooperation with police, and re-direction of valuable law enforcement resources, can be relevant when taking about legalization, as well.

The advocates for legalization argue that such a model of regulating prostitution can provide even more safety for prostitutes. Legal brothels are often closely observed and monitored by the law enforcement agencies to ensure compliance with safety regulations and to prevent sex trafficking cases. Legalization can also completely eliminate  the financial burden from police departments as there will be no prostitution cases to pursue. It’s estimated that in 2010, California alone arrested 11,334 people for prostitution. In Texas, an average of 350 prostitutes are sentenced to serve time in state prisons yearly. Proponents argue that legalization can decrease the prison population and save state resources that otherwise would be used to investigate, prosecute, sentence, and house those who are charged with this “victimless” crime.

In addition, legalization advocates argue that condom requirements and mandatory HIV and STD testing can reduce health risks for prostitutes and clients alike. If sex work is criminalized, fewer prostitutes will have access to testing services and fewer of them will practice safe sex. It was found that in the United States only three to five percent of STDs can be attributed to prostitution, supporting the argument that prostitutes are not vehicles of HIV and STD transmissions. The number of prostitutes infected with STDs in New Zealand and New South Wales, where prostitution is legalized, is very low or non-existent. In Nevada, there were no registered cases of HIV among legal sex workers. Watch the video below to learn more about Nevada’s health regulations and condom requirements for legal prostitutes.

Another argument is the revenue that legalized prostitution can bring in the form of income taxes. According to some estimates based on the current income of Nevada’s legal prostitutes, legalization can generate $20,000 in federal income taxes per person per year. Not only could this money be used to provide more social and health services for prostitutes, but could be spent on other governmental needs as well.

Perhaps the biggest and the most controversial argument in support of legalization of prostitution is the extension of labor rights and other occupational benefits to prostitutes. If prostitution is treated as any other profession, legal sex workers can be entitled to minimum wage, freedom from discrimination, and safe work environments. They can claim benefits, form or join unions, and get access to medical insurance and pension plans.

Lastly, supporters of legalization believe that prostitution is no different than pornography, lap-dancing, tobacco, alcohol, and gambling, which are all legal in the United States.

What are the arguments against legalization?

The most common argument against legalization of prostitution is its close connection with human trafficking and organized crime. The Netherlands’ legalization of sex work is cited as an example of a failing experiment as Amsterdam became a hub for traffickers and organized crime groups. The Dutch Justice Ministry closed over 320 prostitution windows as a part of the initiative to curb violence against migrant women, who are often forced by traffickers and pimps to work as window prostitutes in the city’s Red Light District.

The increase in child sexual exploitation is another point of concern for those who advocate against the legalization of prostitution. The adult sex industry is viewed as perpetuating the recruitment of children as sex workers, who also could be trafficked and coerced into sexual exploitation.

Prostitution is also thought to increase crime rates as it is a magnet for ancillary crimes, including drug, sex, and violent crimes. In this view, with any form of legalization those crimes can only increase as pimps and traffickers would have more legal avenues to conduct their illicit businesses.

Together with increased crime rates and  human trafficking, legalization can give more power to pimps as they are transformed into businessmen. According to this assumption, working in legal brothels can increase the likelihood of victimization as women spend their time in closed spaces and have fewer resources to ask for help or seek protection against abuse. Prostitutes in one of Nevada’s brothels compared their working conditions to a prison environment as most of the time they were locked inside their rooms waiting for clients and could leave the premises only with their male pimps.

Those who oppose legalization of prostitution also state that prostitutes will continue to spread diseases, even if their services are legalized. As it can take up to two weeks to process STD tests, sex workers can continue to infect their clients, prompting the spread of infections and STDs, regardless of their legal status.


Conclusion

How to deal with prostitution is an endless topic of debate. As decriminalization has its benefits and pitfalls, so does legalization. Even though each model has a different set of goals, both converge on the opinion that prostitutes shouldn’t be criminalized. The United States needs to start participating in the international discussions and may soon consider an alternative to the outdated criminalization model.


 Resources

Primary

UNODC: Human Trafficking

Additional

RNW: FAQ – Prostitution in the Netherlands

Alternet: Should Prostitution be Legalized?

Business Insider: Everything You Ever Wanted to Know About Prostitution in Nevada

Business Insider: Seven Reasons Why America Should Legalize Prostitution

California State University Northridge: Should Contractual Sex Be Legalized?

CBS News: Prostitution Laws: Europeans Debate Whether Criminalization or Legalization Works Better

Difference Between Net: Difference Between Legalization and Decriminalization

Digital Journal: Amsterdam Courts Ready to Clean Up Red Light District

The New York Times: Labour Laws, Not Criminal Laws, Are the Solution to Prostitution

The New York Times: Legalizing Prostitution Leads to More Trafficking

The New York Times: Nevada’s Legal Brothels Make Workers Feel Safer

The New York Times: Nevada’s Legal Brothels are Coercive, too

Prostitution Education Network: Prostitution Law Reform: Defining Terms

The NAYked Truth: Prostitution: The Economic and Criminal Justice Benefits of Legalization

Valeriya Metla
Valeriya Metla is a young professional, passionate about international relations, immigration issues, and social and criminal justice. She holds two Bachelor Degrees in regional studies and international criminal justice. Contact Valeriya at staff@LawStreetMedia.com.

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Hey Parents: Comprehensive Sex Education is Worth It https://legacy.lawstreetmedia.com/blogs/education-blog/hey-parents-comprehensive-sex-education-worth/ https://legacy.lawstreetmedia.com/blogs/education-blog/hey-parents-comprehensive-sex-education-worth/#comments Fri, 15 Aug 2014 20:26:54 +0000 http://lawstreetmedia.wpengine.com/?p=23064

Parents in California have been trying to remove a sex ed book from the curriculum.

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Image Courtesy of [Parent Patch via Wikimedia]

Thousands of parents in California have recently done their children a great disservice by signing a petition to remove a sex ed book from the classroom called “Your Health Today.”

The book, which was slated to be used in 9th grade sex ed classes in Fremont, California this fall, takes a refreshingly new approach to sex ed by actually discussing things most 9th graders are questioning. It actually manages to go beyond clinical discussions of eggs, sperm, and vague references to how one reaches the other.

The petitioners claims that the book “exposes youth to sexual games, sexual fantasies, sexual bondage with handcuffs, ropes, and blindfolds, sexual toys and vibrator devices, and additional instruction that is extremely inappropriate.” With a description like that, you would think that the school district accidentally purchased a Cards Against Humanity deck rather than a textbook.

No one denies these topics are mentioned, but as pointed out by Slate, the book only provides definitions (students looking for anything more will need to sneak in to 50 Shades of Grey when it premieres next year. Or just use Google.) And on closer inspection, “Your Health Today” is actually a really informative book that provides information every sex ed class should: how to put on a condom, anatomically correct drawings of reproductive organs, and a myriad of topics affecting today’s youth that range from online dating to the idea of “hooking up” with someone.

But parents are seemingly up in arms over their teenagers being “exposed” to this information, as if talking about sex toys could do the same kind of damage as, say, a complete lack of information about preventing HIV. The parents are protesting even though school officials in Fremont say their own internal surveys show many students are sexually active.

I can’t say I’m surprised parents have had this reaction. As a culture, we regard sex as shameful and wrong, which has led to a lot of misinformation about sex and the topics surrounding it. Time after time we have heard about students who are uninformed about birth control, the importance of consent, and STIs. Sweeping sex under the rug and only talking about it in the most clinical of senses does not do anything to change that.

If we want children to develop healthy attitudes towards sex–ones that revolve around respect, emotional preparedness, and a working knowledge of the good and bad parts of being sexually active–we need to actually talk about it with teenagers. We need books that teach kids about their birth control options, that their sexual preferences aren’t wrong or unnatural, and that a lot of responsibility comes with being sexually active.

But we need parents to be on board, too. Mercury News reported one parent griping that: “there’s a section that tells you how to talk to your prospective partners about your sexual history […] How does that relate to a 14-year-old kid? I don’t see it at all.”

And therein lies the problem–that parent clearly doesn’t understand that this kind information could be invaluable for their child in just a few years. So I’m leaving it up to the rest of the parents in Fremont–the ones who are okay with their children learning about the great, bad, and everything in-between parts of sex–to tell the school board the support this book, and they support sex ed. We can’t get by with just teaching out kids “how sex works.” I promise, they already know that much. Let the school district teach an effective, comprehensive sex education class so your kids are as prepared as they can be. The more information they have, the better off they are.

[Petition] [Salon] [Mercury News]

Molly Hogan
Molly Hogan is a student at The George Washington University and formerly an intern at Law Street Media. Contact Molly at staff@LawStreetMedia.com.

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California Bill Requiring Condoms in Porn is Set Aside https://legacy.lawstreetmedia.com/news/california-bill-requiring-condoms-porn-set-aside/ https://legacy.lawstreetmedia.com/news/california-bill-requiring-condoms-porn-set-aside/#respond Fri, 15 Aug 2014 18:19:55 +0000 http://lawstreetmedia.wpengine.com/?p=23027

The most recent news coming out of the California State Assembly is all about porn.

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Image courtesy of [emptyage via Flickr]

The most recent news coming out of the California State Assembly is all about porn. Specifically, it’s about AB 1576, a bill introduced that would have criminalized the shooting of pornography without a the use of a condom. To me, that sounds like a great idea. To be fair, I don’t know much about the porn industry, but logically, protected sex is usually a good thing. So, you would think that no one would have a problem with the California proposal.

Well apparently, not everyone agreed as bill has now been shelved. The porn industry itself took a big issue with the bill. Apparently, a lot of porn is filmed in California; the industry employs roughly 12,000 people in that state alone, and is estimated to pay about $36 million in taxes each year. Porn is a six billion dollar industry in California. I guess that’s not too surprising–we’ve all heard the story of the small-town girl who goes to Hollywood to be an actress, but ends up acting in more mature films than she originally anticipated.

But this bill really pissed off a lot of the pornography makers and actors in La-La Land. One of the big objections to the bill came from the fact that it mandated certain types of STI testing, which the industry says it already mandates. They claim that further regulation requiring testing by the government is an unnecessary waste of time and money. The porn industry has apparently always had pretty strict STI testing in place–starting 2013 it mandated testing every two weeks for each performer. Since 2004, there has not been a single case of HIV transmission during the filming of a scene. And while there was a scare last year, it never materialized into any performers being infected, other than a couple that were in an outside relationship.

Porn performers and creators also claim that they were never really consulted about the bill, and that the bill became invasive. The industry has its own measures in place, and they’ve been working. Critics of the bill argue that there is no real reason to open up privacy concerns by including the government.

There was also a concern that this would drive business out of the state of California. Pornography is acting, it’s based on fantasy, and like most fantasies, it doesn’t always match up perfectly with realities. Members of the porn industry were worried that by requiring a condom, the fantasy would be less desirable. Whether or not that’s true, the bill sparked both concerns of marketability and privacy, and even led to fears that the backbone of the porn industry would leave California.

The debate led to several interesting splits in the California advocacy community. The bill was being driven by the AIDS Healthcare Foundation, but other groups stood with the producers and performers, claiming that this was a harmful idea. Accusations were also waged against the man who introduced this bill–Assemblymember Isadore Hall:

 Assemblymember Hall (D-AHF) never approached performers to find out what they wanted — he gave them what he and AHF dictator Michael Weinstein wanted. That’s why the Harvey Milk Democratic Club, the Transgender Law Center, the Erotic Service Providers Union, the Center for Sex and CultureSt. James Infirmary, the Adult Performers Advocacy Committee , The Center for HIV Law and PolicyHIV Prevention Justice AlliancePositive Women’s Network-USA, and others stand in opposition to a bill that strips performers of vital protections.

After pressure began to mount, the bill has been officially set aside, at least for now. But the debate probably isn’t over–the AHF has vowed to continue pushing for condoms on set. And while I still think that that’s probably a good idea, I understand the argument of the performers. Just because they work in an unorthodox industry doesn’t mean that they do not deserve to be consulted on a bill that affects their livelihoods. This bill seems like a messy attempt at a truly good idea–hopefully if comes up again, but next time with significantly more thought put into its crafting.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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