johnhenrygalt said:
Certainly it is just semantics, and an unfortunate choice of nomenclature, especially since it is backwards.
"Decriminalisation" in its ordinary sense (not in the sense it is used in the current prostitution debate) merely means that the impugned activity is no longer a violation of the criminal law. It does not mean that it is made legal. There are many many illegal activities which are not criminal (most traffic offenses are illegal but not criminal). "Decriminalisation" means that the activity is not criminal, but may still be illegal. Non-criminal offenses are typically punished by fines while criminal offenses carry the risk of a gaol term.
"Legalisation" implies that the activity is no longer illegal, meaning that it no longer violates ANY laws, be they criminal laws, provincial laws, municipal by-laws etc. Legalisation implies a far lesser regulation than mere decriminalisation.
Unfortunately in the context of the prostitution debate, those who have framed the terms of the debate got the terminology backwards, so we likely have to live with it.
As for taxes, until wives and girlfriends view a trip to the brothel as any other male activity such as going to the hockey or football games, the sex trade will continue to operate in a clandestine manner - meaning it will be part of the cash economy. Cash businesses never report all of their income.
No, the terms aren't backwards. I am certain that after ten years of Stella fighting for the rights of sex workers (and various other sex workers' organizations internationally) that they have a bit of clue as to the definitions and implications of terms like "decriminalize" and "legalize". There is a difference if we understand the semantics (which, BTW, quite literally means "the study of meanings").
Please read this article on Legalization vs. Decriminalization of Private Sexwork
Legalization hasn't worked as well as decriminalization, mostly
because legalization includes heavy criminalization of prostitution
that occurs outside the legal framework; thus the problems of illegal
prostitution live on even though it's been legalized.
So, your assertion that:
"Legalisation implies a far lesser regulation than mere decriminalisation.", is incorrect.
Australia
Different states in Australia have different approaches to legislation. Some states it is completely illegal and in others it may be regulated to just include outcall service and/or brothels. The Tasmanian sex industry is the only totally unregulated state in Australia, regarding prostitution. However, it is mostly run by motorcycle clubs and underworld criminals.
Nevada
According to COYOTE (Call Of Your Old Tired Ethics), in the
legalized system (ie. Nevada) prostitutes end up exchanging on exploitive system for another. Many prostitutes do not want to have to work in a brothel, but it is the only accepted format of sex work there. Brothel prostitutes work as independent contractors and thus do not receive any unemployment, retirement or health benefits. The women typically work for a period of several weeks, during which time they live in the brothel and hardly ever leave it. They then take some time off. It has been argued that the tight control that brothels exert over the working conditions precludes the women from legally being classified as independent contractors.
There are many other countries that have decriminalized or legalized prostitution, including: New Zealand, Mexico, Israel, Netherlands, Norway, Germany, England and even Iran.
ONe argument for the legalization over decriminalization is the regulation of STD/STI with required regular testing for workers. Sex worker organizations are generally opposed to this. Not because we wish to be neglectful, but because this type of regulation only serves to protect the client and not the sex worker - as client do not need to show proof they are disease free and the SW is still at risk. As mentioned in the article I linked to, often if clients are shown this medical proof (which in some countries is required of SWs to provide clients) then the client pressures the SW for bareback service.
Train said:
The concept of something being in effect "outside of the law" i.e. decriminalized is never going to happen , in my opinion, except by some acccident of circumstances. It is hard to make an argument that bureaucrats and the public at large will buy. A few stories of underage prostitution and/or exploitive pimps or agencies and the dream of legal but no regs or controls is over. Let's face it the industry has shown absolutely no ability to self regulate in the past so why would lawmakers assume it would be capable of doing so in a "decriminalized " state?
Decriminaliztion does not mean "outside of the law". AND the reason the industry has not "shown the ability to self regulate" is because it currently is not completely illegal! Without the freedom to run our business without reprecussion most definately impedes self regulating within the industry.
Train said:
I think you would be more likely to get legalization with upfront input from the industry concerning regulations.
Well, this is exactly what Stella is trying to do along with support from many other Sex worker organizations around the world. It is a process, but if so many other countries can achieve this, so can we as Canadians.
bond_james_bond said:
Personally, I'm not a big fan of incall or street action, so the law in Canada seems fine the way it is.
Well no, it isn't. Our laws do not protect the worker or the client. It simply protects the moralistic and uniformed conservative public from their imagined horrors of the sex trade. Meanwhile, it is those very laws that these constituents approve of that perpetuate the very conditions that are offensive to them. Such as: minor sex trafficking, manipulation and coercion by pimps, violence against women, drug abuse, etcetera...
HonestAbe said:
Magda,
I have always been under the impression that (private)communication over the phone for outcall is totally legal, however, communication in public for the purposes of prostitution was illegal. Am I wrong?
No. You are correct, HA. However, I seem to recall that cell phones are not regarded as private (as opposed to a landline), and could be considered illegal. In the case of solicitation, it is indeed a matter of public or private commmunication.
HonestAbe said:
Another question for us to ponder, and hopefully to be answered:
Living off the avails of prostitution is illegal, correct? So doesn't it stand to reason that only the owner can be found guilty of this "crime"? Or is it that the client and Sp can both be held somehow complicit since the service was booked through an agency?
Both can be charged with living off the avails. Actually (and this shocked me when I was informed of it), a sex worker's children can be charged for living off the avails, as the law is now in Canada! can you believe that!?
Also, so can anyone who lives with a sex worker and shares expenses with them. Taxi drivers can also be charged with transporting a sex worker for the purposes of prostitution.
Read for yourself...
The Canadian Criminal Code regarding Solicitation & Prostitution
ARTICLE 210: The act of operating or being found in a bawdy house, (a place
maintained, occupied by, or visited by one or more persons with the
objective of prostitution, or of commiting indecent acts. )
ARTICLE 211: The act of taking, or of transporting, someone to a bawdy
house.
ARTICLE 212: The act of influencing a person to practice prostitution, or of
living completely, or partially, from the revenues of prostitution.
ARTICLE 213: The act of communicating, in a public place, with the objective
of practicing prostitution.
Prostitution is not illegal in Canda? What a crock. What is currently whitewashed as a code to protect the citizens of Canada
only serves to oppress and to facilltate harm that far exceeds the initial
so-called "crime" of solicitation because of the ill-informed perceptions of hoi polloi regarding prostitution.