Legalizing Prostitution: From Illicit Vice to Lawful Business (43 page)
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Authors: Ronald Weitzer
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71
. Laura Agustín,
Sex at the Margins: Migration, Labor Markets, and the Rescue Industry
, London: Zed Books, 2007; Sheldon Zhang, “Beyond the ‘Natasha’ Story: A Review and Critique of Current Research on Sex Trafficking,”
Global Crime
10 (2009): 178–195; Janie Chuang, “Rescuing Trafficking from Ideological Capture: Prostitution Reform and Anti-Trafficking Law and Policy,”
University of Pennsylvania Law Review
158 (2010): 1655–1728. For excellent exposés by investigative journalists, see Jerry Markon, “Human Trafficking Evokes Outrage, Little Evidence,”
Washington Post
, September 23, 2007, pp. A1, A8–A9; Nick Davies, “Prostitution and Trafficking: The Anatomy of a Moral Panic,”
Guardian
(UK), October 20, 2009; and Jack Shafer, “The Sex-Slavery Epidemic That Wasn’t,”
Slate
, September 24, 2007. On advocates’ use of dramatic visual imagery to alert women about the dangers of migration, such as several poster campaigns launched by the International Organization for Migration in eastern Europe, see Rutvica Andrijasevic, “Beautiful Dead Bodies: Gender, Migration, and Representation in Anti-Trafficking Campaigns,”
Feminist Review
86 (2007): 24–44.
72
. Part of the remainder of the chapter draws on two articles: Ronald Weitzer, “The Social Construction of Sex Trafficking: Ideology and Institutionalization of a Moral Crusade,”
Politics and Society
35 (2007): 447–475; and Ronald Weitzer, “The Movement to Criminalize Sex Work in the United States,”
Journal of Law and Society
37 (2010): 61–84.
73
. See, for example, Monica O’Connor and Grainne Healy,
The Links between Prostitution and Sex Trafficking: A Briefing Handbook
, CATW and European Women’s Lobby, 2006; see also the article by CATW codirector Dorchen Leidholdt, “Prostitution and Trafficking in Women: An Intimate Relationship,”
Journal of Trauma Practice
2 (2004): 167–183.
74
. Donna Hughes, “Wolves in Sheep’s Clothing: No Way to End Sex Trafficking,”
National Review Online
, October 9, 2002,
p. 2
.
75
. Donna Hughes, “Accommodation or Abolition?”
National Review Online
, May 1, 2003,
p. 1
.
76
. U.S. Department of State, “The Link between Prostitution and Sex Trafficking,” Bureau of Public Affairs, 2004.
77
. E. Benjamin Skinner,
A Crime So Monstrous: Face-to-Face with Modern-Day Slavery
, New York: Free Press, 2008,
p. 283
.
78
. Amy Farrell, Jack McDevitt, and Stephanie Fahy,
Understanding and Improving Law Enforcement Responses to Human Trafficking
, Boston: Institute on Race and Justice, Northeastern University, 2008.
79
. Women’s Commission for Refugee Women and Children,
The U.S. Response to Human Trafficking: An Unbalanced Approach
, New York: Commission, 2007,
p. 14
.
80
. Trafficking Victims Protection Reauthorization Act (TVPRA), 2003.
81
. National Institute of Justice,
Solicitation: Trafficking in Human Beings Research and Comprehensive Literature Review
, Washington, DC: U.S. Department of Justice, 2007,
p. 4
.
82
. See Nicole Masenior and Chris Beyrer, “The U.S. Anti-Prostitution Pledge: First Amendment Challenges and Public Health Priorities,”
PLoS Medicine
4 (2007): 1158.
83
. William Fisher, “USAID Sued over Anti-Prostitution Policy,” Inter-Press Service News Agency, August 23, 2005.
84
. Janice Raymond, “Ten Reasons for
Not
Legalizing Prostitution and a Legal Response to the Demand for Prostitution,”
Journal of Trauma Practice
2 (2003): 315–332, at p. 317.
85
. Melissa Farley,
Prostitution and Trafficking in Nevada: Making the Connections
, Prostitution Research and Education, 2007,
pp. 118
,
119
, emphasis added.
88
. Barbara Brents and Kathryn Hausbeck, “Violence and Legalized Brothel Prostitution in Nevada,”
Journal of Interpersonal Violence
20 (2005): 270–295, at p. 289.
89
. Farley,
Prostitution and Trafficking in Nevada
,
p. 20
.
90
. Kathryn Hausbeck, Barbara Brents, and Crystal Jackson, “Vegas and the Sex Industry: Don’t Make Assumptions about the Choices Women Make,”
Las Vegas Review-Journal
, September 16, 2007.
91
. U.S. Department of State,
Trafficking in Persons Report
, Washington, DC: U.S. Department of State, annual.
92
. Alison Murray, “Debt Bondage and Trafficking,” in Kamala Kempadoo and J. Doezema, eds.,
Global Sex Workers
, New York: Routledge, 1998,
p. 60
.
93
. Kamala Kempadoo, “Introduction: Globalizing Sex Workers’ Rights,” in Kempadoo and Doezema, eds.,
Global Sex Workers
,
p. 17
.
94
. Art Hubacher, “Every Picture Tells a Story: Is Kansas City’s ‘John TV’ Constitutional?”
Kansas Law Review
46 (1998): 551–591.
95
. “Curbing Prostitution on Demand Side,”
New York Times
, April 20, 1992, p. B8.
96
.
Newsweek
poll, January 26–27, 1995, N = 753.
97
. Jordan Schrader, “To Reduce Prostitution, Cities Try Shaming Clients,”
USA Today
, August 29, 2008.
98
. Miyoko Ohtake, “A School for Johns,”
Newsweek
, July 24, 2008.
99
. Ibid.; Joel Rubin, “Shaming and Scaring Johns into Becoming Average Joes,”
Los Angeles Times
, February 26, 2009; Kristin Pisarcik, “Inside a Brooklyn ‘John School,’”
20/20
, ABC television, March 20, 2007.
100
. Laura Blumenfeld, “In a Shift, Anti-Prostitution Effort Targets Pimps and Johns,”
Washington Post
, December 15, 2005, p. A16.
101
. End Demand Illinois website,
www.enddemandillinois.org
.
102
. The Predator Accountability Act, 2006, quoted in Shay-Ann Heiser Singh, “The Predator Accountability Act,”
DePaul Law Review
56 (2007): 1035–1064, at p. 1050.
103
. A fact sheet produced by the Swedish government describes the rationale for the new law: “Prostitution is not a desirable social phenomenon. The government considers, however, that it is not reasonable to punish the person who sells a sexual service. In the majority of cases at least, this person is a weaker partner who is exploited by those who want only to satisfy their sexual drives.” Ministry of Labor,
Fact Sheet
, Stockholm, Sweden, 1998.
Another government publication indicates that the 1999 law was firmly rooted in the oppression paradigm: “In Sweden, prostitution is regarded as an aspect of male violence against women and children, it is officially acknowledged as a form of exploitation of women and children … which is harmful not only to the individual prostituted woman or child, but also to society at large.” Ministry of Industry, Employment, and Communications,
Prostitution and Trafficking in Human Beings
, Stockholm, Sweden, April 2005.
104
. Arthur Gould, “The Criminalization of Buying Sex: The Politics of Prostitution in Sweden,”
Journal of Social Politics
30 (2001): 437–456, at p. 443.
105
. TVPA, 2000, §103(3).
106
. TVPRA, 2005, §201a.
107
. TVPRA, 2005, §204(1b, 1c).
108
. Sheila Jeffreys,
The Industrial Vagina
, New York: Routledge, 2009,
p. 93
.
109
. Donna Hughes,
The Demand for Victims of Sex Trafficking
, University of Rhode Island, 2005,
pp. 22
,
26
. Hughes received $108,478 from the State Department to write this report: Attorney General,
Report to Congress on U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2004
, Washington, DC: U.S. Department of Justice, 2005.
110
. Hughes,
Demand for Victims
,
p. 22
.
111
. In Mumbai, India, in 2005 the government banned bar dancing, in which women dance seductively but fully clothed at clubs. A survey of 500 dancers found that none had been trafficked, yet the 2005 ban was based in part on the claim that trafficking was rampant. As a result of the ban, 75,000 dancers were thrown out of work. Prabha Kotiswaran, “Labors in Vice or Virtue? Neo-liberalism, Sexual Commerce, and the Case of Indian Bar Dancing,”
Journal of Law and Society
37 (2010): 105–124.
112
. Catharine MacKinnon, “Pornography as Trafficking,”
Michigan Journal of International Law
26 (2005): 993–1012, at p. 999.
113
. “Appointment of New U.S. Attorney General and Other Matters Regarding Vigorous Enforcement of Federal Obscenity Laws,” September 10, 2007,
http://www.obscenitycrimes.org/news//Letter-Regarding-Appointment-of-New-U.S.-Atty-General_10Sep2007.pdf
. The letter was signed by, inter alia, Donna Hughes, Patrick Trueman, Morality in Media, Family Research Council, Concerned Women for America, Focus on the Family, American Family Association, American Decency Association, and Citizens for Community Values.
114
. Patrick Trueman, testimony before the Subcommittee on the Constitution, Civil Rights, and Property Rights, United States Senate,
Hearing on Obscenity Prosecution
, March 16, 2005.
115
. Hughes,
Demand for Victims
,
p. 26
.
116
. L. Sullivan, “Justice Department Sets Sights on Mainstream Porn,”
Pittsburgh Post-Gazette
, April 11, 2004.
117
. U.S. Department of Justice, “Obscenity Prosecution Task Force Established to Investigate, Prosecute Purveyors of Obscene Materials,” press release, May 5, 2005; Richard Schmitt, “U.S. Cracking Down on Porn,”
Deseret News
, February 15, 2004; Robert Gehrke, “Nation’s Porn Prosecutor Fronts War against Obscenity,”
Salt Lake Tribune
, February 26, 2007.
118
. Schmitt, “U.S. Cracking Down on Porn.”
119
. Bruce Taylor, transcript of
Frontline
interview, Public Broadcasting Service, June 2001.
120
. Ibid.
121
.
Miller v. California
, 413 U.S. 15 (1973).
122
. Julie Kay, “U.S. Attorney’s Porn Fight Gets Bad Reviews,”
Daily Business Review
, August 30, 2005.
123
. Spencer Hsu, “Judge Drops Porn Case for Insufficient Evidence,”
Washington Post
, July 17, 2010, p. A2.
124
. Ibid.
125
. Stephen Bates, “Outsourcing Justice? That’s Obscene,”
Washington Post
, July 15, 2007, p. B3.
126
. Neil Lewis, “Federal Effort on Web Obscenity Shows Few Results,”
New York Times
, August 10, 2007.
127
. Josh Gerstein, “Porn Prosecution Fuels Debate,”
Politico
, July 31, 2009.
NOTES TO CHAPTER 4
1
. Christine Overall, “What’s Wrong with Prostitution? Evaluating Sex Work,”
Signs
17 (1992): 705–724, at p. 716.
2
. Sheila Jeffreys,
The Industrial Vagina
, New York: Routledge, 2009,
p. 177
.
3
. Janice Raymond, “Ten Reasons for
Not
Legalizing Prostitution and a Legal Response to the Demand for Prostitution,”
Journal of Trauma Practice
2 (2003): 315–332, at p. 322.
4
. Mary Sullivan and Sheila Jeffreys, “Legalization: The Australian Experience,”
Violence Against Women
8 (2002): 1140–1148.
5
. Mary Sullivan,
What Happens When Prostitution Becomes Work? An Update on Legalization of Prostitution in Australia
, North Fitzroy, Australia: Coalition Against Trafficking in Women, 2005,
p. 23
.
6
. Raymond, “Ten Reasons,” p. 322.
7
. Melissa Farley,
Prostitution and Trafficking in Nevada: Making the Connections
, San Francisco: Prostitution Research and Education, 2007,
p. 118
.
8
. The two leading prohibitionist groups in the United States are Prostitution Research and Education (founded by Melissa Farley) and the Coalition Against Trafficking in Women (founded by Kathleen Barry). CATW has branches in Europe and Australia, and it is closely allied with the European Women’s Lobby.
9
. Elizabeth Bernstein,
Temporarily Yours: Intimacy, Authenticity, and the Commerce of Sex
, Chicago: University of Chicago Press, 2007,
pp. 146
,
164
, 166.
10
. Laura Agustín, “Sex and the Limits of Enlightenment: The Irrationality of Legal Regimes to Control Prostitution,”
Sexuality Research and Social Policy
5 (2008): 73–86, at
p. 76
, emphasis added.
12
. Jane Scoular, “What’s Law Got to Do with It? How and Why Law Matters in the Regulation of Sex Work,”
Journal of Law and Society
37 (2010): 12–39, at
p. 14
.
13
. Jane Scoular, “Criminalizing Punters: Evaluating the Swedish Position on Prostitution,”
Journal of Social Welfare and Family Law
26 (2004): 195–210; Victor Clausen, “An Assessment of Gunilla Ekberg’s Account of Swedish Prostitution Policy,” unpublished paper, 2007.
14
. Leslie Jeffrey and Barbara Sullivan, “Canadian Sex Work Policy for the 21st Century: Enhancing Rights and Safety, Lessons from Australia,”
Canadian Political Science Review
3 (2009): 57–76, at
p. 64
.
