This paper discusses the influence of law on sex workers in Australia. In Australia, the direction of prostitution has taken an altogether different course from numerous other countries. Law reform has prompted the opening of new spaces for legitimate sex work, including the (altogether different) administrative regimes set up in two Australian states — Queensland (brothels are legal if the owner is authorized) and New South Wales (most commercial sex organizations and some street prostitution decriminalized; no permitting authorization). The primary research question is: how has regulation affected the positive privileges of sex laborers? This paper contends that “law reform has engaged a mix of neo-liberal and other approaches — not to increase personal or corporate freedom but as part of a …show more content…
Neo-liberal direction of prostitution in Australia has dependably been conveyed pair with different methods of regulation — including new criminal law and policing procedures, organizing law, and moral …show more content…
The article discusses the relative safety that a brothel provides a sex worker as well as other positive rights, however it also discusses the issues that arise for sex workers such as labour policy and wages. This article also discusses street based sex workers and how they are usually more likely to be addicted to drugs, and more vulnerable to experience violence (Sullivan, 2010). Lastly, this article discusses private sex workers who make up the majority of sex workers in Australia (Sullivan, 2010). For a private sex worker, it “is illegal [ . . . ] to work with another sex worker or to employ a receptionist; they may employ a licensed security guard and (since 2009) can maximize their safety by making phone contact with another person before and after a job” (Sullivan, 2010, p.
Canada is a nation renown as a liberal-leaning, forward nation; promoting the advancement of women in all parts of the world. However, it is a nation guilty of punishing women for the circumstances in which they find themselves with laws showing an antiquated view on the issue of prostitution—one that prosecutes sex workers instead of those who take advantage of women’s situations and buy sexual services. BY examining the origins of current-day laws concerning prostitution in Canada and looking at European legislation as well as its successes and failures made it is possible to find a middle ground that will suit Canada should it ever decide to change its laws concerning prostitution.
As part of McGill’s Community Engagement Day, I went on a walking tour of Montréal’s historical Red Light District presented by Karen Herland, professor and specialist in the history of prostitution. Her historical analysis (personal communication, October 2, 2015) of the neighbourhood gave great insights on morality and legislation issues regarding sex work, specifically about the relationship between authorities and prostitution as well as some of the impacts that these laws and other attitudes that regulate sex work have on women. Her astute reports lead us to the following proposition: the dynamics between authorities and sex work indicates that under the guise of “morality”, the laws in place and their application did not actually oppose sex work, they rather worked to limit women’s emancipation.
Our criminal justice system’s explicit bias against sex workers only compounds the problem” (Keena). Sex workers are given no respect and in cases have their livelihood used against them as a way to further abuse them. This comes from the belief that since sex is their job; their safety and consent do not matter as they are not seen to be doing anything for society. People see these women as products sold to them instead of
Abel, Gillian, et al. Taking the crime out of sex work: New Zealand sex workers fight for decriminalisation. Policy Press, 2010. Part two: Implementation and impact of the Prostitution Reform Act (2003): the first five years: Review of the PRA
Abstract: This paper explores the world’s oldest and most controversial occupation and puts forth a foundational plan for legalizing and regulating sex work in a safe way that satisfies both radical and liberal feminists ideals. To understand how prostitution has evolved to where it’s at today, this proposal travels through the history of prostitution in the United States (heavily focusing on the twentieth century.) Prostitutes were initially accepted and openly sought after. A shift in societal norms and values placed sex work in a heavy degradation. The regulation of prostitution in Nevada began in 1970 and resulted in the first licensed brothel in 1971. Fast forward nearly fifty years and prostitution is outlawed in 49 out of 50 states. Vast amounts of money are being spent annually in failed attempts to stop prostitution all together. Radical feminists are those who would identify as conservative. They are against prostitution on the belief that it victimizes and degrades women in poverty. Liberal feminists strongly agree that the government has no place in a women’s body and that the right to perform sex work is human right. This paper analyzes these different perspectives and incorporates a model that will resemble the current working regulation in Nevada. Stricter stipulations such as health requirements and the legal age should help influence radical feminist to expand their perspective and acceptance.
Sometimes, the term “sex work” is used, as well as “prostitution”. But whichever term we choose to say, it does not eliminate the stigma attached to it. Cases such as the Bedford V. Canada Case (144) indulges into the conspiracy of sex work and challenges certain sections of the Criminal Code that make business in relation to prostitution illegal. Ideally, a sex worker has a career just as a teacher or lawyer. For this reason, their human rights and dignity should be protected by the Canadian Charter of Rights and Freedoms as are other professions. However, the Charter of Rights and Freedoms as well as the Criminal Code do not seek to protect sex workers, yet, they seek to do otherwise using certain sections of the Criminal Code
The author describes the impending the decision of the Supreme Court of Canada on whether current Canadian prostitution laws are putting female sex workers at risk for violence and murder. These laws can change the ability to do sex work in Canada, as prostitution itself is not illegal but the Supreme Court may direct certain bans if voted in. This paper reveals the laws are mainly aimed to protect women against harm since a year before Robert Pickton murdered many female sex workers in British Columbia. Then Fine’s paper address policies about sex workers and if it is helping or violating workers rights. Fine’s article includes a diverse array of perspective on this issue, as he presents that there isn’t a clear resolution when it comes to
This article focuses on how women who engage in sex work in Canada (whether it is by choice or not), are exposed to dangerous conditions and are often times abused, because of the prostitution laws that have been imposed over time. Abrol forms comparisons between several different countries in order to discuss the outcomes that may result from the legalization and/or decriminalization of prostitution (Abrol 2014). After looking closely at the data, Abrol's research has led him to the conclusion that although there is "no simple solution to the question of sex work" (Abrol 2014) criminalizing it will not help control the issue in the long run. The criminalization of prostitution has not worked to protect sex workers but has had the exact opposite
Lewchuk, commences by presenting the challenging of the constitutionality of Canada’s adult prostitution offences the Downtown East Side Sex Workers United Against Violence Society (SWUAV), and Sheryl Kiselbach have been proponing. She continues by supporting that decriminalizing prostitution will indeed improve the lives of sex workers lives. This, in turn, will not necessarily will improve the equality of all women. We see the author comment that the decriminalization will make it difficult for business women to be included in networking settings than it already is. She notes “the social conditions leading women to become involve in sex work include ‘poverty, homelessness, violence, addictions, and colonization’” Pivot Legal Society aim solve
(2014) argue that prohibiting the purchase of sex specifically violates s. 7 of the Charter Rights and Freedoms, i.e., the right to security of the person because it prohibits sex workers from taking preventative safety measures. Despite the objective of Bill C-36 to ‘protect’ women from male violence and exploitation, such provisions further endanger sex workers and limit their police protection that is contrary with the original intent of the bill (Walters, 2015). Moreover, criminalizing clients makes it more difficult and dangerous for sex workers to operate, because sex workers are forced to put themselves at risk in order to protect their clients. Secondly, s. 213 of Bill C-36 decriminalizes public communication for the purpose of prostitution with the exception of locations wherever anyone 18 years of age or younger could be present (Walters, 2015). This provision severely limits sex workers’ options for operating on the street. Not only does this provision force sex workers into isolated and dangerous areas due to its limitation of communicating in spaces. For instance, if a sex worker meets with a client without properly screening them, and she gets threatened or forced into engaging in sexual activity. If the sex worker was able to appropriately assess him, then she would not have been subjected to the physical or sexual abuse. This is just one example that illustrates that Bill C-36 fails to ensure the safety and security of women it intends to
prostitutes were previously unemployed or not prone to taxation upon starting. In conclusion, the economic benefits outweigh the economic costs comprehensively (Australian Government, 2015). A net benefit of $4,127,193,000 exists (Table 1.)
Sexual favours in return for money, just the thought of this has people cringing, although laws have deemed to move forward with the idea of prostitution it seems although socially there has not been much progress. The idea of prostitution still scares, or one could even go as far to say it disgusts people. The lack of knowledge and awareness of the details of sex work create this ongoing hate towards sex work, which continues to stigmatize sex workers. Regardless of changing laws, regardless of changing policies, why is it that sex workers are still afraid to proudly announce that their job is in fact the job of a sex worker? Unfortunately, it seems as though the idea of sex work that seems to be such a terrible one is not what bothers sex workers the most, it is the social misconception of what sex work is like that leads these individuals to feel highly stigmatized (Van der Meulen and Redwood, 2013). The primary harm for of prostitution seems to be the stigma against prostitution, women involved in prostitution are considered socially invisible as full human beings (Farley, 2004). Why is it that our changing and progressing laws are still unable to remove this stigma from the lives of sex workers? This paper will argue that prostitution laws continue to produce stigma around sex work. It will argue this through revisiting the historical laws, examining present laws and ongoing laws at this time.
When “New Zealand implemented full decriminalization… the number of sex workers stayed flat…[and] condom use among sex workers rose above 99 percent” (Bazelon, 2016). This legalization model disproves many concerns the opposition may have. It gives credibility to Bazelon’s argument by showing that the position presented is a viable, positive option in the audience’s society. The statistics given appeal to the audience’s logic, further strengthening Bazelon’s argument by continuing an evidence rich string of support for the author’s main claim. Statistics are not the only evidence Bazelon uses to show positive real world scenarios. The author also uses testimonies from sex workers in recently decriminalized areas, such as Annah Pickering, who remembers how “ [she] used to wave down police for help, and they’d keep driving, but now they take sex worker’s complaints seriously…one client negotiated with a street worker; she did the act and he refused to pay. She waved a cop down, and he told the client he had to pay and took him to the A.T.M to get the money” (Bazelon, 2016). Comparing this testimony to those given by sex workers in criminalized prostitution areas, demonstrates examples of reductions in stigma and a positive relationship forming between prostitutes and police.
Because of this stigmatization from the police, community and law system, sex workers know they will receive no protection from the police and must therefore take their safety into their own hands. Either by accepting the risks and going out on the streets anyway, or by carrying a weapon, like mace or a knife, and possibly facing charges if the weapon were discovered by the police. In other parts of the world, where prostitution is legal, sex workers face less violence and therefore feel less fear about working in their industry. Apparently, “there is evidence that some systems of legalization provide a relatively safe working environment. Although no system is risk free, women working in legal brothels and window units in the Netherlands experience very little violence. Workers and managers have instituted elaborate procedures to respond to violent customers quickly and effectively, “in Nevada’s legal brothels, the risk of violence is very low” (ProCon.org, 2013)
The legal definition of prostitution has recently expanded in many Australian jurisdictions to encompass voyeuristic practices as well as non-monetary exchanges. Prostitution laws now make inclusions for massage parlours, phone sex and computer sex. Sullivan’s study into the politics of the sex industry in Australia since 1945, found that due to the shifts in sexual culture there have been discursive changes in society’s’ view of what constitutes as prostitution and what signifies as deviant sexual behaviour. Post war culture accentuated sexuality as the source of individual uniqueness, later progressing into the ideals of equality and mutuality between the sexes thus producing our sexual culture, as we know it today.