[soc.feminism] Legalization of Prostitution

w25y@vax5.cit.cornell.edu (11/06/90)

Some people would argue for the legalization of prostitution on the
grounds that sex is not fundamentally different from other services
that people are employed to perform.  However, I would claim that
there is an important difference: Imagine someone forced at gunpoint
to delete data files, carry boxes, or whatever.  Now imagine someone
being forced at gunpoint to participate in sex.  The latter is
considered to be a more severe crime than the former.

This may not apply directly to the case of someone selling sex
vountarily, but it indicates that the role of consent in sex is
considered more important than in other activities.

A similar comparison might be made between someone driven to
prostitution by economic necessity and someone who has no choice but
to write COBOL programs; the former case is considered a much greater
tragedy.

There are activities such as voting and organ donation that people may
engage in voluntarily, but may not do in exchange for money.  It is
not too unreasonable to suggest that sex should be one of them.  Vote
selling, like prostitution, is likely to go on anyway, but this is not
grounds for legalizing it.

                   -- Paul Ciszek
                      W25Y@CRNLVAX5               Bitnet
                      W25Y@VAX5.CIT.CORNELL.EDU   Internet
                      UUNET!CORNELL!VAX5!W25Y     UUCP
"The trouble with normal is it always gets worse."  --Bruce Cockburn

turpin@cs.utexas.EDU (Russell Turpin) (11/06/90)

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In article <1990Nov1.173135.727@vax5.cit.cornell.edu>, w25y@vax5.cit.cornell.edu writes:
> ... Imagine someone forced at gunpoint to delete data files,
> carry boxes, or whatever.  Now imagine someone being forced at
> gunpoint to participate in sex.  The latter is considered to
> be a more severe crime than the former.

We don't have to imagine people being forced to tote and carry.  A
century and a half ago, this was a major economic source of labor.
In arguing over the different degrees of slavery, one is splitting
hairs rather than making a qualitative distinction.

Mr Ciszek should note that a Texas rancher and his son were convicted
a few years ago of slavery, for forcing hitchhikers to work on their
ranch.  They were given very stiff sentences for this.  It would seem
that our legal system treats slavery and rape as roughly comparable
crimes.

> This may not apply directly to the case of someone selling sex
> vountarily, but it indicates that the role of consent in sex is
> considered more important than in other activities.

If Mr Ciszek is talking about a single instance, he is probably
correct.  A rapist is usually treated more severely than a
burglar who merely orders his victims into the closet.  But this
difference is easily overstated.  Victims of other violence often
report symptoms similar to rape victims.  The psychological
trauma of having one's will denied can be carried in a variety of
acts, of which sexual abuse is one point in a continuum.  When
one considers a prolonged period of coercion, these differences
can become less important than the overriding fact of the
coercion.  In part, this is the point of the saying that rape is
violence and violation.

> ... Vote selling, like prostitution, is likely to go on anyway,
> but this is notgrounds for legalizing it.

I see no useful analogy between these two activities.

Trying to justify our laws against prostitution by appealling to
what is best for prostitutes is an exercise in hypocrisy.  I urge
Mr Ciszek to go talk to people who have both (1) sold sex for
money, and (2) served prison time for this, and to ask them which
degraded and violated them more.

Russell

dwp@willett.pgh.pa.US (Doug Philips) (11/07/90)

In <1990Nov1.173135.727@vax5.cit.cornell.edu>, w25y@vax5.cit.cornell.edu writes:

> This may not apply directly to the case of someone selling sex
> vountarily, but it indicates that the role of consent in sex is
> considered more important than in other activities.
>
> A similar comparison might be made between someone driven to
> prostitution by economic necessity and someone who has no choice but
> to write COBOL programs; the former case is considered a much greater
> tragedy.

When Cuba offered prostitutes training in "other" job skills, there
weren't many prostitutes left.  Unfortunately I've lost my source for
this info, could someone out there that does have it post or mail it
to me?

-Doug

7103_2622@uwovax.uwo.ca (Eric Smith) (11/08/90)

I find it rather mind-boggling that we're discussing, in 1990, on a
feminist newsgroup, the question of whether or not the government should
have a say in a woman's choice of sexual partners. I don't think this
should be an issue at all. Whom a woman sleeps with, and why she sleeps
with them, should be none of the government's concern (unless coercion
is involved, of course -- in which case the coercer, NOT the woman, should
be punished for a crime).

I do understand that many women turn to prostitution because
of economic reasons, and are exploited by pimps, clients, etc. I fail to
see why this should make the woman a criminal. The proper response to this
is to provide viable job alternatives for these women. Those who choose
to remain prostitutes (for whatever reason) should keep the money they earn,
and receive police protection from pimps and unruly clients.

Being exploited shouldn't be a crime. Exploiting should.
--
Eric R. Smith                     email:
Dept. of Mathematics            ersmith@uwovax.uwo.ca
University of Western Ontario   ersmith@uwovax.bitnet
London, Ont. Canada N6A 5B7
ph: (519) 661-3638
--
Eric R. Smith                     email:
Dept. of Mathematics            ersmith@uwovax.uwo.ca
University of Western Ontario   ersmith@uwovax.bitnet
London, Ont. Canada N6A 5B7
ph: (519) 661-3638

muffy@remarque.berkeley.edu (Muffy Barkocy) (11/16/90)

In article <1990Nov1.173135.727@vax5.cit.cornell.edu> w25y@vax5.cit.cornell.edu writes:

   Some people would argue for the legalization of prostitution on the
   grounds that sex is not fundamentally different from other services
   that people are employed to perform.  However, I would claim that
   there is an important difference: Imagine someone forced at gunpoint
   to delete data files, carry boxes, or whatever.  Now imagine someone
   being forced at gunpoint to participate in sex.  The latter is
   considered to be a more severe crime than the former.

   This may not apply directly to the case of someone selling sex
   vountarily, but it indicates that the role of consent in sex is
   considered more important than in other activities.

I don't think it's so much the consent as the physical violence that
makes the two cases different.  Certainly, being held at gunpoint is
going to be extremely upsetting for someone anyway.  There is violence
against the mind and will.  Rape adds physical violence.  There really
isn't anything you can compare this to that I can think of.  Also note
that your analogy breaks down because rape is not the same as having
sex.  That is, you're not just being forced to do something you might
do anyway, like carrying boxes.

   A similar comparison might be made between someone driven to
   prostitution by economic necessity and someone who has no choice but
   to write COBOL programs; the former case is considered a much greater
   tragedy.

Are you suggesting that legalizing prostitution is going to cause more
people to be driven to it by economic necessity?  People are also
driven to dangerous jobs.  Comparing it to writing COBOL is hardly
accurate.  Comparing it to working with dangerous chemicals might be
more so.  Sometimes people are driven to do something they wouldn't
normally choose to do.  People are already being driven to
prostitution; it is possible that if it were legal, it would be less
of a tragedy (I can't prove this, but it seems that prostitutes
currently don't have the ability to protest unsafe working conditions
and get laws passed to protect them, so that would certainly be an
improvement).

   There are activities such as voting and organ donation that people may
   engage in voluntarily, but may not do in exchange for money.  It is
   not too unreasonable to suggest that sex should be one of them.  Vote
   selling, like prostitution, is likely to go on anyway, but this is not
   grounds for legalizing it.

It's not clear how prostitution resembles organ donation or vote
selling.  You might just as well say maybe people shouldn't be able to
program for pay, only voluntarily...where's the connection?

Note that I don't know whether prostitution should be legalized or
not; I know very little about the practice (I do have an opinion, but
I'm not expressing it here).  However, I don't think the article I'm
replying to is a good argument against legalization.

Muffy
muffy@mica.berkeley.edu

gazit@cs.duke.edu (Hillel Gazit) (11/16/90)

In article <7684.27388aae@uwovax.uwo.ca> (Eric Smith) writes:

>I find it rather mind-boggling that we're discussing, in 1990, on a
>feminist newsgroup, the question of whether or not the government should
>have a say in a woman's choice of sexual partners. 

Quite a few women feel that they are degraded and/or in a risk of
being raped because there are prostitutes around.  Most of the
feminists who don't think so don't see this subject as important
enough to debate.

>see why this should make the woman a criminal. The proper response to this
>is to provide viable job alternatives for these women. Those who choose
>to remain prostitutes (for whatever reason) should keep the money they earn,
>and receive police protection from pimps and unruly clients.

A situation like this will insure the safety of the clients as well,
and therefore the demand will go up.  When demand goes up, and the
risk (for the supplier) goes down, then the supply goes up.

An increase in the number women who *choose* to be prostitutes is
something that most main-stream feminists don't want to see...  (Just
try to fit it into the theory...)

dcasper@antares.concordia.ca (david Casperson) (11/23/90)

7103_2622@uwovax.uwo.ca (Eric Smith) writes:

>I find it rather mind-boggling that we're discussing, in 1990, on a
>feminist newsgroup, the question of whether or not the government should
>have a say in a woman's choice of sexual partners. I don't think this
>should be an issue at all. Whom a woman sleeps with, and why she sleeps
>with them, should be none of the government's concern (unless coercion
>is involved, of course -- in which case the coercer, NOT the woman, should
>be punished for a crime).

I find it interesting that this article is apparently written by a
Canadian--interesting for the following reason: in Canada prostitution
is legal.  Most Canadians don't realise for the simple reason that
while prostitution itself is legal, almost every related activity is
illegal: pimping, soliciting, discussing the price of sexual services
in a public place, and so on.

I doubt that this reflects any great sexual enlightenment on the part
of the Canadian government (Note to U.S. readers: in Canada criminal
law is in the federal jurisdiction, and therefore uniform across the
country).  I think it is more a case of the government wanting to be
able to tax prostitution.

>I do understand that many women turn to prostitution because
>of economic reasons, and are exploited by pimps, clients, etc. I fail to
>see why this should make the woman a criminal. The proper response to this
>is to provide viable job alternatives for these women. Those who choose
>to remain prostitutes (for whatever reason) should keep the money they earn,
>and receive police protection from pimps and unruly clients.

Also ignored in much of this discussion are the more direct
consequences of prostitution.  Canadian law w.r.t. solicitation used
to be more liberal.  De facto "red light" districts in larger Canadian
cities, Vancouver and Halifax in particular, resulted in a lot of
local pressure to restrict prostitution through legal means.  Some of
the objections were based on moral arguments, but most of the pressure
came from people living in the affected neighborhoods who did not want
to put up with muscle cars and shouting matches at 3 a.m., etc.  I am
not sure that this is relevant to the issue of whether or not
prostitution ought to be legal, but it is worth bearing in mind that
some people (I expect that local police departments often fall in this
category) are opposed to legal prostitution for relatively amoral
pragmatic reasons as well as possibly other moral reasons.

I think that it is difficult to discuss prostitution without
discussing the context in which it will take place.  It seems clear to
me that in theory at least there can be no objection to legalised
prostitution.  On the other hand we know that in practice prostitution
does lead to exploitation.  I think that the criminalisation of
prostitution solves no problems, but I doubt that decriminalisation
would make all that many go away either.  Still, I think that
prostitution ought not to be illegal.

--David Casperson

sharring@cs.tamu.edu (Steven L Harrington) (11/30/90)

In regards to the prostitution debate, I would like to point out a few
things that haven't been mentioned. First of all, there are practical
reasons as well as moral ones for legalizing prostitution.

Prostitution is a victimless crime, wherein two consenting adults
engage in a practice that would otherwise be legal (were money not
exchanged).  Further, it has been shown throughout history that
prositution laws are virtually unenforcable; while this is not a
reason to quit enforcing a law (i.e. murder) in and of itself, it
should be when the crime does not have a victim.  Thus, enormous
amounts of money are wasted in a futile attempt to stop prostitution.

The enforcement of prostitution laws is patently sexist.  It has been
shown that women (the prostitutes) are disproportionately arrested and
harrased wheras the solicitors (men) are frequently given a wink and a
nod from the cops.  There are notable exceptions which usually involve
famous male personalities, such as James Worthy, Edwin Moses,
politicians, etc.  In addition, the women are usually back on the
streets almost immediately.  The judicial system is merely wasting its
resources on the trivial issue of prostitution.

Finally, it has been shown in country after country that when
prostitution is legalized and regulated, the rate of transmission of
std's by prostitutes decreases.  This is reason enough to legalize
prostitution.

We must ask ourselves whether our tax money could be better spent on
stopping real crimes (those that involve a victim and which don't
involve two consenting parties) rather than prostitution. I believe
the answer is clear.

--steve harrington