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Kate L. Gould

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Why I'm Opposed to Criminalising the Purchase of Sex

Posted: 03/12/2012 21:21

The Member of the Scottish Parliament, Rhoda Grant, believes sex workers are imbeciles who should be denied the right to earn a living and subjected to state-sanctioned sexual assault to ensure that they comply with the dictates imposed upon their profession. Not that she puts it quite like that.

In her proposed bill to criminalise the purchase of sex in Scotland (open to public consultation until the 14th of December), she's gone for a paternalistic tone, suggesting authority with her (unfounded and patently untrue) statements about the sex industry while offering protection to the poor souls forced to work in it with promises to keep them safe from the big bad men who exploit them by paying to have sex with them. She's very noble in her presentation: she's also woefully uninformed. As a result, the proposed bill is based on presumption, prejudice, and stereotype, not on fact. But then, who needs facts when emotive statements, hyperbole, and fudged statistics will do the job just as well? It's not as if the outcome of the bill will affect the lives of thousands or anything.

Grant's theory is that criminalising the purchase of sex will end demand for the services of sex workers. Her initial claim, sort of said in the draft bill, was that the sex industry would simply vanish into thin air when all sex workers were given nice jobs that didn't offend her moral sensibilities. Then, talking in the Daily Record in November, she declared "If you drive it underground so no one can find it, it wouldn't survive". Speaking on Sunday Politics Scotland last weekend, she then decided that it needed to stay visible so those wishing to purchase sex could find it. Seems she's more than a little confused. Criminalising sex will drive the industry underground, but it's not going to die there.

It's going to have to exist surrounded by other forms of criminality, undermining or ending the relationship maintained between the police and sex workers. To avoid arrest, street-based sex workers are often forced to change how they work. For example, they may take less time to negotiate sexual transactions prior to getting into a client's car, drop prices, and may agree to engage in riskier sexual activities such as sex without a condom. Conducting HIV prevention outreach or education in this environment can be difficult and sex workers' access to effective healthcare and support services limited.

Then there is the matter of enforcing the legislation. In order to bring charges against an individual for the purchase of sex, there has to be proof that sexual intercourse has taken place which would require an invasive forensic medical examination of the purchaser and/or seller. There is nothing in the draft bill to suggest that the purchaser and/or seller would be asked for their consent before such a procedure was carried out. Not that this is exactly surprising: neither is there anything in the draft bill to suggest that any sex workers have been consulted about it and the effect it will have on their lives and livelihood. In fact, the only nod Grant gives to sex workers being people is asking in her consultation document what the advantages and disadvantages are in using the terms she's applied to them.

The lives of sex workers aren't of any interest to Rhoda Grant, though. As far as she sees it, taking away their livelihood and freedom of choice to choose their profession is what's best for sex workers because they couldn't possibly want to be there and, if they say they do, they must be doing so with a pimp's knife at their back. She's quick to point out the circumstances that may drive people into the sex industry - poverty and drug addiction, for example - but gives no suggestions for alleviating these aside from taking away their job.

The right to earn a living is a basic human right and one which is defended by the GMB trade union, by whom sex workers are represented. Grant dismisses this on the grounds that the purchase and sale of sex "reduce sexual activity and individuals to a commodity". The subtext to this statement being that sex workers are reduced, by their profession, to objects and, therefore, have no need for rights. The sex industry is a service industry: sex workers provide a service for which clients pay. It is the services and not the individual that are the commodity.

As well as saving all those working in the sex industry, whether they want to be saved or not, Grant believes her bill will stop all trafficking. If this were true, then I would applaud her efforts and hope that she received the support necessary. However, she's confusing sex work with trafficking and assuming - in fact, stating - that all those working in the sex industry are there against their will and under coercion. Initiatives which confuse sex work with trafficking impact negatively on sex workers and expose them to greater levels of risk and insecurity. Sex workers are best placed to spot a trafficked person - and have no interest in supporting human trafficking - and criminalising sex workers means the people best placed to spot a trafficked person will then be prevented from helping them.

By definition, sex work means that adult sex workers who are engaging in commercial sex have consented to do so, making it distinct from trafficking. Trafficking, on the other hand, involves coercion and deceit, resulting in loss of agency and lack of consent on the part of the trafficked person.

There is much to condemn in the sex industry and I'm not about to argue that all those who say so are lying, because they're not. But what they're doing is showing only part of the picture. Sex work is a job done by people and, though an obvious fact, this is what abolitionists and those who want to criminalise the purchase and/or sale of sex seem to forget. It isn't done by drones to be pitied, rescued, and denied the right to freedom of thought and choice because they're either deluded or incapable of forming, let alone voicing, an opinion, yet that is how those working in the industry are, frequently, assumed to be. Criminalising the purchase of sex doesn't magically give sex workers a super life; it takes away their livelihood, forcing them out of their profession, and providing them with no alternative employment. Though this may be welcomed by those who wish to leave it, for those who don't, their choice of profession will be dictated by bureaucrats blinded by visions of themselves as saviours.

(If you want to read more about the draft bill and campaign against it, you can do so at http://www.scot-pep.org.uk)

 
 
 

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05:40 PM on 12/19/2012
Legalized prostitution increases Human Trafficking:

http://www2.lse.ac.uk/newsAndMedia/news/archives/2012/12/Legalised-prostitution-increases-human-trafficking.aspx
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Kate L. Gould
12:38 PM on 12/20/2012
I recommend you read the entire report instead of basing your opinion on selected soundbites.
05:53 AM on 12/23/2012
One could say the same of you listening only to your "friends" in the industry.
04:46 PM on 12/19/2012
1) Nice beginning of your hatchet job. You say all this emotive stuff against the author and then proceed to put false words in her mouth.

First of all, the criminalizing of the *PURCHASE* of sex, does nothing to stop the so-called "sex-worker" from being sold. To the contrary, it gives her protection of the law, as she could choose, to press charges against a violent john, free from legal hassle, under such a system. So I charge that you are deliberately misconstruing the truth. One therefore has to wonder if you are being paid to do so under the table, or if you simply have been corrupted by a sick desire to rent your own person to use, and discard when you are done with her or him.
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Kate L. Gould
12:40 PM on 12/20/2012
Feel free to read the draft bill and my official submission to Rhoda Grant in opposition to it.

http://mybeautifulchandelier.com/2012/12/my-response-to-rhoda-grants-proposed-bill/

http://www.scottish.parliament.uk/S4_MembersBills/Criminalisation_of_the_Purchase_of_Sex_%282%29_Consultation.pdf
05:13 PM on 12/16/2012
Thank you for this article, for contributing to the reasoned and fact based discussion on this subject. You've written about this from the sex worker's perspective, and that's good, but was has been conspicuously absent from this discussion, especially from the proponents of criminalization, is the moral argument against the criminalisation of the clients of sex workers from the position of the clients themselves.

The criminalization of the clients of sex workers has no justification morally because the sex worker consents (the reasons are irrelevant). It is nothing short of aggressive puritanism to use the force of government in such situations.

The people who object to consensual sex work, in the area of sex outside of prostitution argue quite correctly that consent is the number one thing that matters, not why a woman consents (or why she doesn't), but that she does or does not consent, only to toss the consent argument aside when it becomes inconvenient, and to even go as far as to redefine a consensual act as rape on bogus grounds such as "I can't imagine any women wanting to do such things" or the even more ridiculous "She would not have had sex with the man if it wasn't for the money, therefore he raped her". I wouldn't work for my employer for free, does that mean I'm a slave?

(Anybody who conflates sex work and slavery should show intellectual honesty and go full marxist by advocating the abolition of all paid work as "slavery")
10:59 PM on 12/15/2012
Great article! Makes a change from the usual news articles on sex work which go along the lines of "every year 500 million vulnerable women and children are forced into prostitution and 95% of them will be beaten 20 times a day by violent pimps and johns!!!" and other emotive statements and scaremongering exaggerated or even made-up statistics pulled from thin air.
07:07 PM on 12/14/2012
Are there any authoritative peer reviewed research into whether prostitution can reduce the incidence of rape ?
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Kate L. Gould
11:16 AM on 12/15/2012
I don't know. Even if it did, sex workers can't be used as an outlet for rapists so the validity of such a study is dubious.
11:41 AM on 12/15/2012
... I think the word "outlet" is a bit diabolical. Men are getting married later and later in life.

And some of them do not have the skills to attract women, other than by impressing them with success. And some men neither have neither the success, nor the skills to attract women.

They're outcasts. They're invisible. They're lonely. They're desperate.

How to deal with this phenomenon ?

Prostitution.
02:54 PM on 12/15/2012
The criminalization of prostitutes means that they can be raped with impunity, so it would be odd if it didn't result in more rape, though obviously unreported assaults aren't included in statistics.
06:03 AM on 12/23/2012
Zack, don't know what country you are from but the criminalization of so-called "prostitutes" is what most states have NOW. It is convenient for the state so they don't have to rile johns who may or may not have strong political connections. It is harmful to the women being prostituted as it tends to keep them in their "place" which is out of power and out of sight. The article is in opposition to the criminalization of JOHNS not so-called "prostitutes". The author's failure to make that clear demonstrates her desire to muddy the waters on this issue.
05:13 AM on 12/08/2012
This article is twisted in logic and very disconnected from humanity and the reality of the sex trade. I have the privilege of never having been prostituted, so I prioritize and privilege voices of those who have in order to form my knowledge about the subject, because actual prostitutes are the experts in this subject. And I've gotten a very intense education on the subject as a result. May I suggest you do the same?

You seem to only be listening to the voices who benefit from the sex trade -- the profiteers and the selfish, porn-sick men who demand a class of women they can pay to rape, degrade and inflict whatever violence their cold, deadened hearts desire. Why are these men's selfish needs more important than the women they are sex slave trading in? Why?
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Kate L. Gould
06:32 PM on 12/08/2012
Thanks Natasha, my knowledge of the sex industry is based on personal and professional relationships with sex workers and a wide range of research into the industry. You seem to have missed the point in my post: I'm not supporting the abusers in the sex industry. Because of the effects the criminalisation of the purchase of sex will have on the sex industry (as detailed in the post), abuse will be far easier to inflict and far more difficult to detect. Some people are in the sex industry against their will, but not all. Those people who want to work in the industry need to have their voices heard, too. Criminalising the purchase of sex will make it more difficult to find those who are there against their will and for those who wish to be there, to work.
01:34 AM on 12/09/2012
Thanks for your reply Kate. It appears we are listening to very different voices & sources, and it also appears you either miss or don't want to believe that the sex trade IS rape and abuse, to different degrees, depending on how violent the clients want to be. Paying women for the "right" to have sex with them is rape because if not for the money, the vast majority of these women would not have sex with these men. No little girl dreams of becoming a prostitute when she grows up. The alarmingly high rates of PTSD (and murders) among prostituted women is a huge clue that the sex trade is not as benign as you and other pro-sex trade people think/make it out to be. I just find it interesting and very disappointing that pro-sex trade people continually ignore / dismiss / distort / minimize the voices of prostituted-now-abolitionist women who are trying to educate us on the realities of the sex trade. It really is offensive & disrespectful to them and perpetuates the genocide of those still trapped in it. The vast majority of prostituted women DON'T want to be there, regardless of the label we apply to them (i.e. trafficked / high class / street / brothel, etc.)
03:05 PM on 12/10/2012
I'm a "prostituted woman" (I prefer the term sex worker), will you listen to me? I write about similar issues on my blog glasgowsexworker.wordpress.com. I'd be particularly interested in your views on the second post down, titled 'Our Bodies, Our Selves'.
11:18 PM on 12/07/2012
As a mental health worker I see numerous women sexually abused. I hear senior health & social care managers & commisioners calling this abuse through prostitution a lifestyle choice. Women on our caseload have been raped in their placements. The residential providers call this having a relationship or it's part of street culture. The law is unable to do anything about this even though individuals lack capacity, or so they say. We have young women who workers think it is best for them to return to the scene of their abuse to come to terms with it.
I pass women on the way to and from work being beaten by their pimps while a crowd at the bus stop watch. They do not pick up their phone to call the police, they do nothing. I asked 'Has anyone called the police?' answer 'no it's a prostitute'.
I see countless women in the capital, off their heads with drugs and alcohol trying to blot out the misery they experience. Tell me how it will help by legalising prostitution. The police can't monitor gang activity, drug culture or basic crime effectively. There are no resources, there is little training in these issues (even in health and social care work) & I doubt there is a will to do it from the attitudes I see.
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Kate L. Gould
06:23 PM on 12/08/2012
Thanks for writing, Jayne. The post isn't about legalising prostitution - it's about the negative effects on sex workers of criminalising the purchase of sex. The experiences you've described are terrible and it's horrifying that they should happen to women in any profession. Criminalising the purchase of sex won't solve these problems. Instead, they will become less visible as the sex industry is forced underground. Therefore, it will become harder to protect sex workers from these abuses. I hope you're in a position to fight for training in the issues you've described because I agree that it's needed.
09:53 PM on 12/07/2012
When you have taken abuse and been raped and that has been called your work, then you will know what that life is actually like. Being paid does not make rape not rape, does not negate abuse. We need to provide sustainable routes out of prostitution for the criminalisation of clients bill to be effective. I have published a few posts on my blog of my personal experience of prostitution, which might shine some light on the reality of the sex industry and perhaps expand your knowledge.
10:33 PM on 12/07/2012
Thanks for saying this, XLCG. I hope the OP does some reading on your blog and learns something.
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Kate L. Gould
06:14 PM on 12/08/2012
I posted a reply to XLCG, jsut so you don't think I'm simply ignoring peoples' comments.
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Kate L. Gould
06:12 PM on 12/08/2012
Thank you for writing, XLondonCallGirl. I'm not suggesting that anything makes rape not rape. My knowledge of the sex industry is based on personal and professional relationships with sex workers and hearing their experiences, plus a wide range of research into the industry. I agree that sex workers need to be provided with "sustainable routes out of prostitution" and this is one of my complaints about Rhoda Grant's proposed bill: she suggests no such routes. Her only suggestion is to make the purchase of their services illegal - i.e. take away their job.
09:34 PM on 12/07/2012
Wow. Are you kidding me? A prostitute is a prostitute because she wants to be? Most prostitutes are sex trafficking victims, beaten up by pimps, and become trapped in a world of drugs, sex, rape, and countless other horrors. You have no idea what it's like. You've never been there. Educate yourself about the horrors of prostitution then write a post. Otherwise don't even bother b/c its clearly obvious you have no clue what you're talking about.
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Kate L. Gould
05:49 PM on 12/08/2012
Thanks for taking the time to write. I'm friends and work with a number of sex workers so my knowledge of the sex industry is based on their experiences plus a wide range of research into the industry. I agree that many people are in the sex industry against their will and I've heard and read accounts. I'm not denying that. My point is that criminalising the purchase of sex takes away the livelihood of people who want to be sex workers (contrary to what you may think, many do) and makes it more difficult to find the ones that don't because the industry will be driven further underground.
10:19 PM on 12/09/2012
I'm from the United States and you know what? Prostitution is illegal here except in one state. Its not underground and is very prevalent. And by the way, I don't "think" many don't want to be in the sex trade, I know. I worked in a strip club as a dancer and can tell you from experience the only people in the sex trade who choose to be there and stay there are those who profit. The girls on the other hand are either there because of desperation (me), having no other way to support their children (a friend of mine) or because they're caught up in the lifestyle and drugs they can't get out. I wanted to dance until I actually got on stage the 1st time and figured out what it was all about - being on display for sick, perverts who would touch, grope, and try to force sex on you then go home to their wives. I suggest you prostitute yourself 1 night & then talk about this. Not to mention if you do your research the UK is one of the biggest markets for human sex trafficking. Sex trafficking is forcing girls and women into prostitution. It also involves kidnapping, money laundering, rape, beatings, the list goes on. If allowing prostitution is your answer why are there still so many sex trafficking victims in the UK?
05:30 PM on 12/19/2012
No you are wrong. Criminalizing the purchase does nothing to curb purchases. It gives the purchasee rights that s/he really does not have today. It gives them leverage that formerly was on the side of the pimps and johns. I can't believe you don't get that.

On the other hand, Albert Speer, Hitler's architect, said it best decades ago:
"One seldom recognizes the devil when he is putting his hand on your shoulder."
09:19 PM on 12/07/2012
Kate, you write:"It's going to have to exist surrounded by other forms of criminality, undermining or ending the relationship maintained between the police and sex workers." What relationship between the police and sex workers? The one where they have to give sexual favours to officers to avoid arrest? The one where they are unable to report rape for fear of charges in relation to prostitution being brought against them? You have no idea what you are writing about. You also clearly have no idea of the pain and torture most women who work in prostitution have suffered as children and continue to suffer in their work. 67% of women in prostitution meet the criteria for post traumatic stress disorder, over two-thirds have been raped multiple times. It might be helpful to read and research more before you write more.
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Kate L. Gould
06:02 PM on 12/08/2012
Ruth, my knowledge of the sex industry is based on friendships and working relationships with sex workers, plus a wide range of research into the industry so I do have some sense of what I'm talking about. I realise that there are abuses of sex workers by some members of the police force - I'm not denying that - but it may surprise you to know that there are also relationships with the police that are beneficial for sex workers. For example, they can share information about violent clients and the police can contribute to the ugly mug schemes.

Out of interest, where did you get your statistics? I don't want to do an injustice to sex workers by not getting all the information available.
09:16 PM on 12/08/2012
Hi Kate, sorry I may have sounded cross in my original post. I have known many women who have worked as prostitutes for over a decade and it is usually not until they have exited that they feel the trauma of their experience of prostitution. XLondonCallGirl is my friend and we were both friends with a woman who worked as a call girl I refer to as Q. I interviewed Q back in the late 1990s and have published that interview for a charity that helps women exit prostitution - those who want to exit. It's on Amazon called, In Her Own Words... Interview with a London Call Girl. Q is typical of women in prostitution and I would be grateful if you read her interview as it would give you such a deep insight into the emotional and psychological effects of prostitution. At the time of my research, I didn't see it for what
09:32 PM on 12/08/2012
it was. I believed prostitution was a 'choice' but with many years knowing women in prostitution, I have realised I was completely wrong. All the sources of my statistics are listed on my Soul Destruction website on a page called On Prostitution. I also have a page called Voices of Prostitution Survivors dedicated to exited women sharing their experience of prostitution. There are also links on that website to a number of exited women's blogs that you may want to read. I would have voted for the new bill to criminalise clients, however, I believe it will only work if women in prostitution are non-criminalised and there is significant investment in support for women who want to exit prostitution. Research shows that nine out of ten women would like to exit if they could (source on my website as stated above).
11:01 AM on 12/06/2012
I wonder if Rhonda will want to ban the following as well:

Every day, Karen drives along dark, ill lit streets, to pick up strange men, who then pay her for the privilege of her doing so. Some of these men may have convictions. They may have assaulted someone, they may have raped someone, they may have murdered someone. It is unfair that Karen is subjected to these violent clients, who put her at risk of assault, rape, or murder. We must stand up and put a stop to this now.

Every day, Stephanie goes out to strange and unusual places. She meets many different people, some of whom may be drunk, disorderly, or on drugs. Even some of the people she comes into contact with who are not using drugs may be violent and brutal. Stephanie is surrounded by members of a gang, who control where she goes, and what shes, and who she sees. They force her to meet these violent men, putting her at risk of assault or murder. A number of the people Stephanie works with have been assaulted this year. Over the years, several have been killed. It should be illegal for Stephanie to be put into this position, and it should be illegal for her to be coerced into positions where she is at risk of being assaulted. We must stand up and put a stop to this now.

Of course, Karen is a taxi driver, and Stephanie is a police officer.
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Kate L. Gould
11:45 AM on 12/06/2012
Excellent point and very very well put! Rhoda's concern (such as it is) about violence against women wouldn't extend to taxi drivers and police officers because she'd regard those as respectable professions - in fact, just the sort of thing she'd prefer sex workers to do once they'd been "saved" from the sex industry. Her argument is based on skewed logic - or just stupidity.
04:41 PM on 12/06/2012
My point exactly! Back in 1972 to 1982 I worked the night watch for the Los Angeles Police Department. I was a civilian traffic officer because at the time there were no female sworn police officers on patrol. I was assigned a patrol car BY MYSELF and had NO GUN. I worked from 6 pm to 2 or 3 or 4 am- handling radios calls related to stolen cars or traffic accidents, or directed traffic at crash sites or homicides etc. I was lucky not to have been killed out there. But no one ever thought I ought to be arrested and incarcerated to protect me for my own good. I never understood why anyone thought it was okay for me to take risks then, but not when I left my job with the corrupt LAPD to become a call girl. Being a call girl was MUCH safer! Not to mention it was a nicer job with better pay and nicer people to hang out with... unlike the cops who were involved with underage girls, doing drugs that they stole from the people whom they arrested for possessing those drugs, running a burglary ring, a murder for hire ring, etc. Either adult women have the right to make choices including what risks they are willing to take to earn a living, or we have no autonomy and are still property of our male relatives or spouses whom they must protect like they would other children.
03:14 AM on 12/06/2012
.."In order to bring charges against an individual for the purchase of sex, there has to be proof that sexual intercourse has taken place which would require an invasive forensic medical examination of the purchaser and/or seller. There is nothing in the draft bill to suggest that the purchaser and/or seller would be asked for their consent before such a procedure was carried out.." This sounds like the mandatory transvaginal procedure Virgina state has imposed when women are seeking abortions. Gross.
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Kate L. Gould
09:56 AM on 12/06/2012
Gross and very difficult to justify or defend.
05:13 PM on 12/05/2012
*Applause* Very, very well put!
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Kate L. Gould
05:42 PM on 12/05/2012
Thank you!
05:55 PM on 12/19/2012
wow, I post about the devil and Maggie McNeil appears!