When the topic of prostitution comes up in conversation, most typically do not consider it a potential career option. Instead, we tend to think of prostitutes as young girls who are exploited and forced into prostitution by older men. The victims and villains are clearly cast. This situation is all too common and many young women around the world– and yes, even here in the United States–are kept as sex slaves.

But there are also prostitutes who choose sex work as a profession: people, and not just women, who were not forced into becoming prostitutes but chose that as their career. And then there are people in the middle. People who were coerced into prostitution by economic circumstances but not outright force. Individuals who may want to leave but have no other options to fall back on and no social services to help them.

All three of these sets of circumstances need to be dealt with. Victims who have been enslaved, people who see prostitution as their vocation, and those in the middle. Policy initiatives and laws that attempt to deal with the sex trade need to come up with a way to address the needs of these three communities. Which policies provide the best supports for all three kinds of prostitution? Is there a way to eliminate abuse while empowering free choice?

Models for Prostitution

There are several different models to choose from in crafting legal and social policy to deal with prostitution. One method is to criminalize both the purchase and sale of sex. This approach is based on the notion that individuals on both sides of the issue are criminals and immoral actors. This view of prostitution, a Victorian morality model, is the least popular. People still often have a moral problem with prostitution but generally view the relationship as one of exploitation, rejecting the view that a prostitute is just as morally guilty as a pimp.

The more popular view of prostitution is that the purchaser and the facilitator (typically called a trafficker or a pimp) are the criminals and the person being sold for sex is the victim. This innocent victim model is the view that underlies efforts to either partially or completely decriminalize prostitution while promoting “end demand” initiatives. Those who hold this view want facilitators and purchasers to be punished in a variety of ways but would not punish prostitutes themselves.

This view is encapsulated by the following clip of a “20/20” documentary on prostitution. The prostitutes interviewed are portrayed as women who were victimized and ones we should be sympathetic toward.

The third model of prostitution is one that acknowledges the existence of non-victim prostitutes, an entrepreneur model, which therefore advocates for the legalization of prostitution. This model is the most controversial because it would place prostitution on the same moral footing as other “vice” crimes, such as gambling. This would mean viewing it as something we may not personally like, but isn’t quite immoral enough to justify banning entirely. The moral stigma against prostitution is so heavily ingrained in our culture that most people reject the argument like, ‘it’s okay, it’s just like cigarettes really,’ on their face. But, the argument that prostitution isn’t as morally bad as cigarettes would not get much traction either.

Models for Policy

Recent efforts have been made in the United States to decriminalize prostitution and to push new “end demand” initiatives. Most of these efforts are actually efforts to decriminalize the sale of sex, as was done in Sweden, but keep trafficking or purchasing as punishable offenses. “End demand” initiatives seek to increase the penalties for clients who buy sex in an effort to make its purchase so costly and difficult that clients stop engaging in it. The hope is if clients do not feel that they can safely purchase sex, the industry will starve. As the demand for these services decreases, the incentive for traffickers and pimps to exploit sex workers will also dissipate.

End demand policies use a variety of instruments to make purchasing sex more difficult or costly. Fines, jail time, rehabilitation for solicitors, and good old-fashioned shaming like publishing offenders names in newspapers have all been used. But there isn’t any clear and convincing evidence that these methods actually do reduce the demand for sex work. On the contrary, there is some evidence that it may be making conditions for sex workers worse. While ending demand may free a sex worker from fear of prosecution, it keeps the pressure on clients, which may actually drive the market for sex even further into the shadows.

In Illinois, advocates of these initiatives, such as the Chicago Alliance Against Sexual Exploitation, go further in their attempts to end the demand for prostitution by trying to instill in young men the belief that buying sex is wrong. These campaigns are part of a larger sex-education plan that seeks to make commercial sex stigmatic not only for the prostitute but for potential clients as well. Legal changes are an important component, but cultural changes are also emphasized.

The biggest criticism of these efforts is that they do not help sex workers. Making it more difficult for clients to purchase sex not only affects the buyer but also the seller. One drawback for the sex worker is less time and transparency to negotiate. Because the rationale behind these policies is based on a model of prostitution involving a pimp-victim relationship, the end demand efforts don’t want to facilitate better discussions between clients and prostitutes. Some sex workers argue that these laws make their conditions less safe.

The other option is to legalize prostitution entirely. The following interview with Maggie McNeill, author of the blog The Honest Courtesan, does an excellent job of summarizing the viewpoint of those who argue that some voluntarily engage in prostitution and think it should be legalized.

The argument in favor of legalizing prostitution is best viewed as an argument in favor of the freedom to contract. It removes the moral stigma from prostitution found in both the Victorian and the end demand models and replaces them with a model of prostitution that includes those who freely choose it as a career. The entrepreneur model would argue that if a person wants to sell a sex act they should be free to do so–just as they are free to sell other personal services. There is also evidence in places where prostitution was legalized, as we saw in Rhode Island from 2003 to 2009, that the conditions for sex workers improve and violent crime is reduced.

This view does not deny that there are people, particularly women and children, who are enslaved as prostitutes. There are significant issues with the rape and abuse of prostitutes globally and in the United States, but supporters of the entrepreneurial model argue that the legal framework for combatting these abuses already exists. For example, to form a contract to commission a piece of artwork the purchaser and the buyer both need to be able to consent. Those who can’t consent because of age or mental incapacity can’t form that contract for art. Similarly, they wouldn’t be able to form that contract to sell or buy sex.

But for those concerned about violence and exploitation, to say that contract laws are enough of a tool to protect children from rape and trauma is insufficient. In fact, the most compelling criticism of this approach is that it does not do enough to combat violence. Other approaches may over-correct by disallowing voluntary prostitution, but that may be a better alternative for those whose primary goal is to end sexual violence.

The Murky Middle

There is perhaps a middle ground between the view of prostitution as pure victimhood and prostitution as the empowered entrepreneur. It’s a model that acknowledges the murky middle in which people become sex workers out of economic necessity, not through enslavement, but who may still need additional protections that are not present in other service industries should also be explored.

In contract law, a contract that is entered into because the defendant coerced the plaintiff with the threat of economic harm can be voided under the doctrine of “economic duress.” It’s a form duress that isn’t quite duress, yet may still be grounds to void a contract. However, it isn’t a very popular doctrine because it is so vague.

The court can grant relief to the plaintiff if they can show evidence of coercion or intimidation. This is not saying that the person is incapable of entering into any contract or that they would always be the victim in a contractual exchange. Rather, it merely acknowledges that in this particular contract his or her consent was not freely given and some restitution should be made.

Similarly, a middle-ground approach would acknowledge that there are contracts for sex that are entered into where both parties provide full consent. Those contracts, like the vast majority of contracts that we engage in every day with varying degrees of formality, would not need to be challenged. They may need to be regulated or taxed, like any other business, but they are not inherently void because of their subject matter.

This approach would also acknowledge that many of these contracts may be the product of coercion. In those cases, legal remedies to prosecute crimes such as rape, kidnapping, and theft should be employed. If they aren’t yet tough enough to bring violent criminals to justice, or not written in such a way to include crimes against sex workers, then they should be strengthened. Societal remedies and safety nets also need to be expanded so that sex workers who were victims of crimes can get some help, and so those who are at risk of becoming the victims of sexual slavery are prevented from becoming victims. Any change in policy, whatever the moral model it is based on, needs to include more tools for law enforcement to combat sex slavery. But supporting a vigorous effort to punish traffickers and slave traders isn’t tied to one set of policies for prostitution.

A great example of a combination approach to prostitution is how New Zealand treated the issue in 2003. According to the New Zealand’s Prostitute Collective, the sex workers of New Zealand gave input on the new laws in a push to reform local laws and policies. The results are a mixed bag of protections for sex workers, which also presuppose that there is a unique ethical concern with selling sex. For example, a sex worker cannot be compelled to have sex with a particular client and cannot have pay reduced for refusing sex with a particular client.

The law also adds in protections for sex workers under the age of 18 while borrowing from the end demand legislation ethos. It is a criminal offense for a manager or brothel owner to hire someone under the age of 18 for sex, or to pay for their services as a client. But it isn’t illegal to sell sex if you are under 18, meaning that punishment rests solely on the purchasers and traffickers.

Conclusion

The debate over how to deal with prostitution is an ongoing policy problem for everyone concerned about human trafficking. It also is an example of how moral sentiments and the way they can clash with modern interpretations of personal freedom can impact policy decisions.

Our culture makes intense moral judgments about sex workers. When we refer to someone as a “whore” it usually is not a comment on that person’s actual profession but meant as an insult. These moral judgments are unlikely to change in the near future and certainly won’t change just because a law or policy changes. But changes in policy can have a profound impact on the lives and safety of our citizens as evidenced by the dramatic change in the number of rapes in Rhode Island when prostitution was accidentally legalized. Whether they represent a true reduction in violence or a shifting of violence from a non-paid victim to a paid one is still debated. But if the goal is to craft a policy that will reduce violent crime and end sexual slavery then these various methods of doing so need to be debated on their practical merits as well as their moral implications.

Resources

Law Street Media: Prostitution: Should It Be Legalized or Criminalized?

BAYSWAN: Initiatives to “End Demand” For Prostitution Harm Women And Undermine Service Programs

GAATW: Moving Beyond Supply and Demand Catchphrases

CAASE: End Demand Illinois 

The Stranger: Sex Workers Write Open Letters To Law Makers Over End Demand Bills

The Honest Courtesan

CATW International: Ending The Demand

Hughes, Hubbard, and Reed: The Economic Duress Doctrine- A U.S. Perspective

Cato Unbound: Perverse Incentives: Sex Work And The Law

The New York Times: A Misguided Moral Crusade

The Washington Post: When Rhode Island Accidentally Legalized Prostitution Rape Decreased Sharply

The Huffington Post: 9 Things You Did Not Know About American Prostitution

The New Zealand’s Prostitute Collective: The Prostitution Reform Act 2003

Mary Kate Leahy

Mary Kate Leahy (@marykate_leahy) has a J.D. from William and Mary and a Bachelor’s in Political Science from Manhattanville College. She is also a proud graduate of Woodlands Academy of the Sacred Heart. She enjoys spending her time with her kuvasz, Finn, and tackling a never-ending list of projects. Contact Mary Kate at staff@LawStreetMedia.com

The post Prostitution: Should The “World’s Oldest Profession” Be a Profession? appeared first on Law Street.

Here at Law Street, we cover the big issues that matter to our readers–from entertainment, to politics, to the law. ICYMI, check out our top issue briefs of the last year, and make sure you start 2016 just as informed as you were in 2015.

#1 School Dress Codes: Are Yoga Pants Really the Problem?

Image courtesy of eric pakurar via Flickr

Anyone who has been inside of a high school in the last five years has seen some interesting fashion choices by today’s teenagers. Teachers are expected to teach to the tests, teach students how to survive in the real world, personalize the curriculum for IEP students of all levels, and still have their work graded within twenty-four hours. And now? Some districts are adding another dimension: dress code enforcement. Dress codes are an important part of school culture, as they sometimes dictate whether or not a student can even attend class. Some things make more sense when it comes to the dress code: no short-shorts, no shirts with offensive sayings, and no pants that sag too low. There are also some questionable additions to the dress code, namely yoga pants, leggings, spandex running pants and other clothing that fights tightly to the body. With the seemingly endless stream of issues that American school teachers are responsible for this begs the question, are yoga pants really the problem? Read more here.

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.

The post ICYMI: Top 10 Issues of 2015 appeared first on Law Street.

An international network of crime-fighting nuns known as Talitha Kum has announced plans to expand its anti-human trafficking and slavery organization from 80 to 140 countries.

If this is the first time you’re hearing about Talitha Kum’s organization, I’m not surprised. The reported 1,100 nuns that make up the low-key operation have gone under the radar since first organizing in 2004, using their anonymity to often pose as prostitutes in order to infiltrate brothels and buy children being sold into slavery. Sometimes the women shed their habits and work alongside locals for as little as 2 U.S. cents an hour in order to uncover human rights abuses.

“These sisters do not trust anyone. They do not trust governments, they do not trust corporations, and they don’t trust the local police. In some cases they cannot trust male clergy,” explained Talitha Kum chairman John Studzinski. “They work in brothels. No one knows they are there.”

According to Studzinski, the religious sisters often rely on fundraised money to buy children out of slavery, before placing them in a network of housing they’ve set up to shelter them in countries in Africa, as well as the Philippines, Brazil, and India.

Studzinski also detailed the horrific conditions some of these enslaved women endure. In one case, he recounted an female prostitute being starved of food for a week, and then forced to eat her own feces after failing to have sex with her quota of 12 clients in a day. In another horrific instance one woman was forced to have sex with a group of 10 men at one time.

Combating the world’s human trafficking epidemic is becoming harder and harder, making Talitha Kum’s need for expansion more important than ever. According to Reuters, current estimates claim that a total of one percent of the world’s population is trafficked in some form or another. That number has been roughly translated into a staggering 73 million people being sold. And of those 73 million people, 70 percent are women and half are ages 16 or younger. That being said, the 60 additional countries being served by this courageous network will have a great impact on this crisis.

Learn More: Human Trafficking: Alive in the United States

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.

The post Talitha Kum: Nuns Pose as Prostitutes to Rescue Human Trafficking Victims appeared first on Law Street.

The connection between prostitution, drug use, and crime has long been known, but a new horrifying story coming out of a small town in Ohio raises many concerns about how deep this connection is. Chillicothe, Ohio, a city afflicted by drugs, poverty, and unemployment, is now filled with citizens who are concerned for their safety after six women have disappeared in a little over a year.

Charlotte Trego, a mother of two, was the first to go missing about a year ago after being evicted by her roommate. She was not seen alive after. That same day Tameka Lynch, a mother of three and a friend of Trego, went missing as well. Next came Wanda Lemons who was last seen by her mother. A friend of Lemons told Chillicothe police she had talked about going with a truck driver to Texas where Lemons had family but has not heard from her since. Two months later Shasta Himelrick’s body was found floating in the Scioto River outside of Chillicothe. Himelrick was pregnant when she went missing on Christmas Day after promising to return to her grandmother’s house. In the same vein, Tiffany Sayre also went missing after promising her return. She was doing business at a local motel and told her friend that she would come back shortly but never made it. Lastly Timberly Claytor, a woman who was actually never reported missing, was found dead after she was shot in the head three times.

Four of the women have been found dead and officials are still working to locate Lemons and Trego. Each seemed to have a history of drug use, prostitution, and had connections to the same social circle. There also appeared to be a pattern of the bodies being dumped along waterways outside the city leaving officials to wonder if there is a serial killer involved. Staff Lt. Mike Preston of the Ross County Sheriff’s Department told The Washington Post:

I don’t want to come out and say ‘yes, we have a serial killer,’ but it’s a small community that we live in … and the number of females who have come up missing, and then the bodies that we’ve found, that’s quite a bit for our community.

Authorities have made one arrest so far involving the death of Timberly Claytor. Jason A. McCrary, 36, of Chillicothe, was convicted of unlawful sexual conduct with a minor more than ten years ago. He has not been charged with Claytor’s murder because investigators are waiting for results of DNA collected in a vehicle seized during a search warrant of McCrary’s home before filing charges. He still remains in the Ross County Jail on a charge that he failed to register his address as a sex offender. Authorities are still working hard to find information on the rest of the women despite the lack of leads that they have. Chillicothe Police Chief Keith Washburn said:

We’ve checked land, air and water for any signs of (the women). But the problem is you’re trying to find a needle in a haystack unless you have the information. The information we have is running dry on some of these cases.

Washburn said prostitution in the Chillicothe area appears to be driven by a need for quick money to purchase drugs. Lieutenant Preston acknowledged that the city is battling a heroin problem and there have been frequent arrests as a result. This leaves me to wonder what the town has done to stop this constant drug battle, and if that could have had an impact on these disturbing disappearances. This has to be a terrifying time for Chillicothe. With so few answers and arrests made, people are in fear for their lives. It is sad to see that a city once known as Ohio’s capital is now known as a city of such tragic events. Police have to crack down on finding information about these deaths and also curtail the drug and prostitution businesses to keep people safe before this tragedy continues.

Taelor Bentley

Taelor is a member of the Hampton University Class of 2017 and was a Law Street Media Fellow for the Summer of 2015. Contact Taelor at staff@LawStreetMedia.com.

The post Drugs and Missing Women: The Sad State of Chillicothe, Ohio appeared first on Law Street.

Ladies, imagine you are all dressed up and ready to hit the town. You’ve got on your short skirt, your stilettos, and your low cut top. You’re looking good. Now, you can’t just sit around when you look this nice, so you have to decide: where are you going to go? Do you know yet? Good! (I really, really hope that nobody said France.)

Courtesy of Giphy.

If your night on the town does consist of a visit to France, it is advisable to bring bail money. Because France is set to pass a law that would make “looking like a prostitute” illegal. So no more standing on corners in your high heels and sexy dress–no matter how innocent your plans are. The French cops don’t want to have stop, examine your motives, and decide if there is a problem. Just arresting you is a whole lot easier.

Courtest of Giphy.

If this anti-vice law is passed, it will be illegal to appear to be offering sex for sale. Because in France, while it is legal to pay for sex, it is illegal to be paid for sex. Moreover, it may soon be illegal to look like you’re the type of person that would accept pay for sex.

The purpose of the law is to clean up red light districts where hookers line the streets. Having a law like this, however, obviously does not mean that prostitution will disappear in France, so if your vacation plans include visiting one, do not despair. (But also, probably reevaluate your plans, for obvious reasons). While it won’t disappear, it could, however, drastically change the hooker look. It is assumed that when the law is implemented, prostitutes will start to wear jeans and sneakers. So instead of wearing “hooker heels,” ladies will now go out on the town in their “hooker sneakers” and, as far as my feet are concerned, that’s a great deal!

The concern I would have is that if casual dress is the new prostitute attire, but it is illegal to look like a prostitute, then wouldn’t casual dress become illegal? And if casual dress became illegal, then prostitutes would have to find some other mode of dress. Perhaps business, which is fitting since it is the oldest profession, but then eventually business wear would cause you to look like a prostitute, and that would be banned. And so on and so on until your only choice is to go naked. And if running around naked doesn’t scream sex appeal, I don’t know what does.  But maybe I’m overthinking things.

To sum it up, in the words of Justin Bieber, “Stay sexy, girl.” Unless you are in France. In which case, stop looking sexy immediately.

Courtesy of Giphy.

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Ashley Shaw (@Smoldering_Ashs) is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

Featured iImage courtesy of [Seth Anderson via Flickr]

Ashley Shaw

Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

The post France Considers Law Banning “Looking Like a Prostitute” appeared first on Law Street.

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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Prince Andrew, Duke of York, is a member of British royalty and currently fifth in the line of succession to the throne. He’s the third child of Queen Elizabeth II, and has long been the source of frustration for the royals. His actions regularly provide fodder for the tabloids, but the most recent scandal involving the Prince may go further than just making the royal family look bad. He was just named in a lawsuit filed in Florida that alleges he had sex with an underage girl.

Prince Andrew really has been a familiar face in the tabloids. His relationship with ex-wife Sarah Ferguson has faced plenty of scandal–especially when her constant debt problems are taken into account. At one point he was accused of accepting a gift from a Libyan gun smuggler. He took a $5,000 helicopter ride for 50 miles. He’s been tied to shady people multiple times, including the corrupt president of Kazakhstan, Nursultan Nazarbayev.

But one particularly dark mark on Prince Andrew’s biography has been his friendship with American businessman Jeffrey Epstein, who pleaded guilty to soliciting sex from an underage girl in 2008. The FBI allegedly linked him to about 40 other young women, many of whom were minors. In 2011, Epstein’s friendship with the Prince came under scrutiny after the media took pictures of the men together. There were many rumors that Prince Andrew was involved in inappropriate behavior at Epstein’s house. A 2011 Vanity Fair article stated:

According to a sworn deposition by Juan Alessi, a former employee at Epstein’s Palm Beach estate, Andrew attended naked pool parties and was treated to massages by a harem of adolescent girls.

There were also rumors that Prince Andrew had sexual contact with an underage girl who had been groomed as a prostitute by Epstein. The girl in question was 17 years old at the time and now lives in Australia. She claims to have been sexually exploited by Epstein beginning at the age of 15.

While there is a lot still unclear about Prince Andrew’s involvement with Epstein’s victims, what we do know is that there is now a civil suit against the United States government with regard to the way that federal prosecutors handled Epstein’s case. The suit argues that when the Florida prosecutors worked out a plea deal with Epstein, they violated victims’ rights laws by not talking to Epstein’s victims about the deal. Those victims’ lawyers claim that Epstein got an easy deal from the prosecution–pleading guilty to just one charge–because of his wealth and connections.

It is within the parameters of this lawsuit that Prince Andrew was named, after two of Epstein’s other victims joined the two who originally filed the suit. It’s important to note that no legal action is being taken against Prince Andrew, rather this suit just names him as part of the plaintiffs’ collection of evidence that Epstein basically organized a sex trafficking ring of underage women for his wealthy friends. He has denied the allegations.

Prince Andrew wasn’t the only famous man mentioned in these court documents. Alan Dershowitz, a well known, former Harvard Law professor and criminal defense attorney, was also named. He has also completely denied the allegations, saying:

I’m planning to file disbarment charges against the two lawyers who signed this petition without even checking the manifests of airplanes or travel itineraries, et cetera. I’m also challenging the young woman and the lawyers to level those charges against me outside of the courtroom, so that I can sue them for defamation…Finally, I’m challenging the woman to file criminal charges against me because the filing of false criminal charges is a crime.

This case is still ongoing. It will be interesting to see if Dershowitz follows through on his legal threats, or if Prince Andrew ends up playing a larger part. For right now though, it’s only the U.S. government that is facing legal action for its handling of the case.

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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I initially planned to dedicate this post to the dumb laws of Idaho and Montana exclusively, thinking that each state alone would probably have enough to constitute an entire addition to my series; however, I was shocked to find that both states have very few moronic laws on the books. Therefore, after much internal deliberation, Wyoming has been included in today’s post.

Let’s start with Montana. Not only is prostitution illegal, but  it is also considered a “crime against the family” there. So, don’t try to sell your body unless you plan to bring shame to your kin.

It’s a hard knock life for wives in Montana, too. It is a felony there for them to open their husband’s mail, and illegal for wives to go fishing alone on Sundays; however, that is a privilege considering that unmarried women are banned from fishing alone on any day of the week. And if you’re feeling like trying out something kinky in the bedroom, think again. In Montana, it is illegal for a man and woman to have sex in any position other than missionary.

A far as state laws, Idaho has shockingly few stupid ones, despite there being many illogical laws specific to certain cities. One state law that could qualify as stupid may actually make sense to women. There, it is illegal for men to give their “sweetheart” a box of candy weighing less than fifty pounds. Sounds fair to me! Who wants candy if it weighs any less than 50 pounds? That’s right, no one.

Also, you’d better be ready to flash those pearly whites at all times in Pocatello, Idaho, despite whether you feel cheerful or not. There, it is illegal not to smile in public.

I’m not sure how fishing from the backs of various animals, especially those not native to North America, ever became a problem; however, there Idaho specifically prohibits fishing from a camel’s back. Animals surely must have caused a lot of trouble at some point in Boise, as leading an animal on sidewalks is banned as well.

Eagle, Idaho is quite strict. Lawmakers in the city have banned taking bicycles into tennis courts. Additionally, one cannot sweep dirt from his house into the street. Gotta keep those streets clean!

Keep it inside, buddy!

Wyoming has quite the slew of atypical laws related to alcohol. For one, being drunk in a mine could land you in jail, and so can skiing while drunk. I certainly see the validity behind both of these as doing either thing seems dangerous to me. Also, salespeople or corporations that deal with buying or selling junk metal are banned from making business transactions with intoxicated individuals. Makes sense–we wouldn’t want drunk people to sell beloved junk materials and completely regret it once they sober up. That would be tragic.

Women have it rough when going out for drinks in Wyoming, where a law prevents them from standing within five feet of a bar while drinking.

Although many consider the law that prohibits wearing hats that obstruct peoples’ view in theaters or other places of amusement to be stupid, I think it’s downright innovative. I personally can’t stand when I can’t see the stage at a theater because of someone sitting in front of me.

Wyoming lawmakers want their citizens to EARN their fish by using a good ol’ fashioned rod and reel. Using a firearm to fish is strictly forbidden. Speaking of animals, you may not take a photo of a rabbit without a permit from January to April. Perhaps that is when they feel the most camera shy.

My particular favorite? Neglecting to close a fence in Wyoming could earn you a $750 fine.

So there you have it, the dumb laws of Idaho, Montana and, Wyoming. Next up: Utah and Nevada.

Marisa Mostek

Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

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If you ask most Americans when slavery ended, they would probably answer…well, most Americans probably wouldn’t know. For the more informed citizen however, the answer would likely be in 1863 with the Emancipation Proclamation, or more accurately still in 1865 with the passage of the 13^th Amendment, which explicitly outlawed the practice in the United States. Both of these answers are incorrect, however. That is because even today there are an estimated 60,000 people living in slavery in this country. Furthermore, according to the same Washington Post article, worldwide that number balloons to a staggering 30 million people, with those in less developed countries being much more susceptible to the illicit practice. To fully comprehend how this heinous enterprise–that most presume is finished–can still exist and worse yet thrive, it is necessary to first understand something very fundamental: What exactly is modern day slavery?

Slavery as an Institution

History 

Slavery began at the birth of civilization and has continued in one form or another since then. The foundations of western culture were built on the backs of slaves as both Greece and Rome relied heavily on their human machines. This continued in Europe after the fall of these empires through the dark ages, the renaissance, and reformation. It was also a central aspect of colonialism and imperialism.

But while Europe and by association its colonies, which had slaves before Europeans arrived, may have the highest profile accounts of slavery, the practice was global. In the Middle East slavery was already in place at the time of the ascendancy of Muhammad and continued from the seventh century until the twentieth.  In fact it wasn’t until 1982 that Mauritania became the last country in the world to publicly abolish slavery. Even with this ban, Mauritania is still the country where citizens are mostly likely to be slaves, with about four percent of the population being classified as such.

Slavery was also an established institution further east. China, one of the oldest civilizations, had slaves for thousands of years. It wasn’t until the 1950s when the last acknowledged slaves could be found in isolated mountain areas. Slavery was a major institution in India, as well.

Even in Africa slavery existed long before Muslim or European slave traders arrived; however, unlike those two groups, African nations rarely imported non-Africans as slaves. Regardless, while the means and exact roles of slaves in society may have differed, in virtually every corner of the globe slavery has been an ingrained practice for millennia.

Modern Day Form

Thus the concept of slavery strictly being a product of the antebellum American south is inaccurate, but the reality of it being a global issue is not. Furthermore, the definition of slavery today is also not some stretching or reclassification of the accepted term. Modern slavery means being owned and controlled as property by another person through either physical or mental threats. Slavery can take many forms. Some of the most common forms include forced prostitution, forced agricultural or domestic work for adults and children, and families being forced to work for nothing in order to pay off generational debts. While these are modern forms of slavery they are also traditional, in fact the only thing that has changed is how slavery is seen publicly, namely if it is seen at all. Below is a video that describes further the conditions of modern day slaves.

Those Most at Risk

Throughout history slave groups have often been made up of people for a specific reason such as ability to work long hours, exotic appearance, a particular type of skill, or as a result of conquest; however, slaves today are increasingly likely to be found at the margins. This is in stark contrast to when slaves were well-known members of the household and in certain cases in old Islamic Caliphates could have children that one day might even aspire to the throne.

In this way then slavery has changed most dramatically. Long gone are the public slave auctions. Instead today slavery is a much more under-the-radar practice of a group on the fringe of society. This group often includes children or migrants who are either tricked or forced into slavery when they are young or if they move.

The problem can be exacerbated by a number of other factors, as well. Ethnic divisions is one example; a historical legacy left by imperialists in sub-Saharan Africa has led to one of the highest rates of slavery in the world. Another is wealth or more accurately the lack of it. In Haiti, for example, children may be sold into unofficial slavery by their parents as a means of income. Yet another is cultural; in India–the country with the largest estimated slave population at roughly 14 million–the legacy of the caste system remains and can prevent authorities from preventing cases of slavery.  The video below offers a greater breakdown of the victims of the modern day slavery system.

First Responders

Thus there are many factors to consider that have led to the continuation of slavery worldwide. There have, of course, been many efforts globally to end the practice. Currently in every nation on the planet there are laws on the books forbidding slavery.

The problem is though that these laws are ineffective. To combat slavery then, the mantle again rests on non-governmental groups as it has since the first abolition movements. Since the passage of laws forbidding slavery is no longer the end goal, this patchwork of groups now has its sights focused on other means of ending this practice.

Steps to Freedom

Probably the most important step to ending slavery is raising awareness. While this may seem naïve or practically unhelpful, slavery today is a forgotten issue. To many it is a battle that has already been fought and won and thus no longer bears consideration; however, as these groups stress, to the forgotten 30 million people who struggle under the guise of slavery every day, it is still an urgent issue. Furthermore while the value of a modern day slave is hard to calculate by anyone other than the owner, the fact that slavery exists shows that certain people or groups are profiting off of it.

Along this same vein, once awareness had been raised it is also crucial that governments are required to actually enforce their anti-slavery laws. This could include creating an agency or task force specifically charged with finding and preventing slavery as other agencies such as the FBI or FEMA exist to handle specific problems.

Once awareness and enforcement have been improved it is also necessary to cultivate the people who were formally slaves. This means providing food, shelter, and teaching basic skills to people who often had nothing else to turn to and became slaves out of necessity. This would also help prevent a reoccurrence of these individuals falling prey to the same crime again. Below is a video that highlights some of the things that can be done to combat modern day slavery.

These steps and actions are already being implemented by these groups. In fact, the United Nations has already spoken of some success with governments more strictly enforcing their laws and businesses enacting tougher measures that would prevent the enslaving of workers at any level of production. However, as a practice that has existed for thousands of years, slavery will not just vanish overnight. Thus, it will take time and additional resources; however, without solid and immediate gains combined with an existing general lethargy, slavery is likely to endure.

A Problem With No End in Sight

Although slavery has been and is still a global problem, the suffering is not equal. A person in a developed country with a high per capita income is less likely to be a slave than his or her opposite. Furthermore in wealthy countries, slavery has long been taboo. Many western countries for example began abolishing slavery in the early nineteenth century. Thus countries with the greatest ability to end the practice may feel the least inclination to do so.

While there are many solutions to the slavery problem, so far none has gained enough traction to bear much fruit. While groups in the West and other places come to grips with the consequences of the slave societies of their past the same trade is still being employed right under their noses. Although slavery today may not be as much of a concern as it used to be, for the people affected by it is as real as it has ever been. While the correct way to stop slavery remains elusive, what is important is that the continued existence of slavery be at the very least acknowledged. This is vital because only after admitting slavery is still a problem can it then be addressed.

Resources

Primary

U.S. Constitution: Thirteenth Amendment

Additional

Washington Post: This Map Shows Where the World’s 30 Million Slaves Live. There are 60,000 in the US

New Internationalist: A Brief History of Slavery

National Geographic: How We Can End Slavery

Slavery Injustice: Slavery in Ancient China

UN News Centre: UN Officials Urge Concerted Action to Eradicate Modern Forms of Slavery

Anti-Slavery: What is Modern Slavery

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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The FBI completed Operation Cross Country VIII last week, and it was definitely a success. Agents and officers rescued 168 children from sex trafficking, and arrested 281 pimps across the country. The operation spanned 106 cities and was part of the FBI’s Innocence Lost National Initiative. The FBI worked in conjunction with the National Center for Missing & Exploited Children (NCMEC) and local, state, and federal law enforcement agencies. This year’s mission was the most widespread yet; since 2003 Operation Cross Country has identified and recovered about 3,600 children from sexual exploitation.

In addition to the operation, the FBI and its partners are trying to increase awareness about child sex trafficking within our borders. John Ryan, president and CEO of NCMEC, called for better laws that would require child welfare services to report children missing. He said there is no federal legislation for agencies to report children missing from their care and only two states have such regulations. It’s clear that the children rescued in this year’s operation would not have been found without the valiant efforts of the FBI and NCMEC, because the laws just aren’t in place to protect them.

At the Operation Cross Country press conference, FBI Director James B. Comey stated,

The lesson of Operation Cross Country is that our children are not for sale; that we will respond and crush these pimps who would crush these children. […] We will do this by seeking jail terms of many, many years, to send two messages. One, you will never do this again. Two, to others who might be tempted to crush the souls of children—you do that, and you’re risking your freedom and your life.

The Need for Legislation

NCMEC is pushing for state welfare agencies to create mandatory reports of all children missing from foster care. Without regulations requiring welfare agencies to report missing children, no one is looking for them–no one even knows they’re gone. And with no one aware of their whereabouts, no one can track their activities. So, more and more children are sucked into the sex trafficking industry. Here’s a breakdown by NCMEC:

The Children Who Need Our Help  

In comparison to our nation’s total population, 3,600 children rescued may not seem like a lot, until you put a name or a face to the numbers. For me, that happened when Operation Cross Country took action nearby. This year’s operation rescued two girls from Montgomery County, Maryland–one of them was only 16 years old. But what really hit home were the arrests of four pimps in Prince George’s County, home to my college. To think the children I tutored last year, or the teenagers on the University of Maryland’s campus for summer sports camps could be coerced by pimps is horrific.

It’s a frightening reality. Take Nicole‘s story, for example. She was 17 years old when she met her pimp. He took her shopping, bought her nice things, and treated her to a life of luxury. He told her how she could make good money, quick; after her first day “on the job” she came home with $750. Then she got raped by a john and when she told her pimp he beat her and forced her to take an ice shower for three hours. She needed surgery to repair her broken ribs, wrist, nose, and head injuries. She had no family or friends. All of her assets were tied up in the pimp. She was trapped in the life of sex trafficking.

Then she met Dani Geissinger-Rodarte, an FBI Victim Specialist. With the help of Rodarte, Nicole was able to leave her pimp and build a case against him. Now, that pimp, Juan Alexander Vianez must serve 20 years in prison and pay $1.3 million in restitution for sex trafficking and interstate transportation of a minor in furtherance of prostitution, among other charges.

Nicole got justice, and thanks to Operation Cross Country, more than 3,000 other victims of human sex trafficking have as well. But the number of children who are coerced into the trade at young ages needs to be reduced, and our government should do more to protect them. Why are Florida and Illinois the only states that require social services and foster care providers to report missing children in their care to NCMEC? In just one year more than 4,000 children were reported missing to NCMEC from those two states. Adding the cases from the additional 48 states would up that number by a terrifying amount.

If legislation was passed mandating child care services across the nation report children missing from their care, Operation Cross Country could significantly increase the number of victims rescued. Kathryn Turman, Director of the FBI’s Office for Victim Assistance said more than six million children in the U.S. are involved in over three million reports of abuse each year. Turman said the victimization of these children severely affects healthy development and compromises their futures, which collectively comprises our nation’s future. She said the cost of not doing enough to protect and aid child victims of sex trafficking is colossal, stating:

“Doing all we can to bring these children with their often invisible wounds out of the shadows is our mission and our privilege. A hundred years ago a wise man stated, ‘If the children are safe, then everyone is safe.'”

The work that those involved in Operation Cross Country are doing to keep the children safe is incredibly admirable. They deserve the highest of praise.

—

Natasha Paulmeno (@natashapaulmeno) 

Featured image courtesy of [Milliped via WikiMedia Commons]

Natasha Paulmeno

Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

The post Operation Cross Country: A New Way to Fight Child Sex Trafficking appeared first on Law Street.

This just in: prostitution is now very much legal in Canada.

In the Great White North, the actual physical exchange of money for sexual acts has always been legal. However, most prostitutes still broke the law because many prostitution related activities, such as solicitation, keeping a brothel, or living on the avails of prostitution were against the law.

For years, advocates hoping to improve the living conditions for sex workers have been arguing that these laws violates the guaranteed rights to life, liberty, and security. Thirty-four years ago, the last time such a suit made it to the Supreme Court, the justices ruled that the prostitution laws should stay in place.

But today, the Supreme Court ruled 9-0 that the laws did in fact violate the Canadian Constitution’s Charter of Rights and Freedom, and they were struck down, making it much, much easier to take part in legal prostitution. The challenge was brought to the court by three women who formerly participated in the sex trade. It made it to the Supreme Court as the result of a ruling in an Ontario-based court last year. The Supreme Court upheld the decision. The logic behind the Court’s ruling is that the laws in place endanger the lives, health, and safety of the women who make their living doing an activity that is, in itself, legal.

The counter argument to that point of view was that it is a given woman’s choice to engage in prostitution, and so the laws should not be written to protect her for her own choices. But the justices strongly disagreed with that argument. Justice Beverly McLachin, Chief Justice of the Supreme Court of Canada stated, “whether because of financial desperation, drug addictions, mental illness, or compulsion from pimps, they often have little choice but to sell their bodies for money”. As a result, the choice argument was simply not valid.

It’s important to note that the decision does not allow prostitution permanently. It gives the Legislature one year to draft replacement laws that are not as sweeping and protect the men and women who work in the sex trade.

Among Canada’s peers and allies, there are a wide range of prostitution laws. Some nations, like the United States, flat out ban prostitution and any related activities (with the sole exception of some jurisdictions in the state of Nevada). In contrast, nations such as the Netherlands and Germany have legalized prostitution by women who are of a consenting age. Prostitutes are recognized as legitimate workers, and they are registered.

It’s pretty much accepted that prostitution will happen–there’s a reason that it is called the oldest profession in the world. Whether or not legalizing prostitution has beneficial or negative effects is hotly debated. While legalizing prostitution may lead to more human trafficking, and more organized criminal activity, it does allow a country to keep a registry of sex workers and tax the acts sold.

There were very mixed reactions to the ruling. Canadian sex workers were very pleased. A former sex-trade worker who brought the case, Terri-Jean Bedford stated, “now the government must tell Canadians, all consenting adults, what we can and cannot do in the privacy of our home for money or not. And they must write laws that are fair”.

On the other hand, there are groups that are decrying the change in prostitution laws. Kim Pate is the Executive Director of the Canadian Association of Elizabeth Fry Societies. The Elizabeth Fry Societies advocate for the right of women and girls. Pate stated, ” it’s a sad day that we’ve now had confirmed that it’s OK to buy and sell women and girls in this country. I think generations to come — our daughters, their granddaughters and on — will look back and say, ‘what were they thinking?'”

The decision of the Canadian Court is interesting,  because it indicates that the Justices didn’t necessarily want to make it easier for prostitution to occur, they just wanted to protect the women who are forced into the trade. By giving the Legislature a second chance to write constitutionally appropriate laws, the reprieve for sex workers will probably not last long. However, it is safe to say that the laws will never be quite as restrictive as they were before today’s ruling.

—

Anneliese Mahoney (@AMahoney8672) is Lead 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.

Featured image courtesy of [Paul via Flickr]

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.

The post Big Change to Canadian Prostitution Laws appeared first on Law Street.