History Of Prostitution In Australia
Table of Contents
Introduction
Prostitution is defined as the exchange of sexual acts performed by one party for either money or something of value to said party by party who is at the receiving end of the exchange. (Sexton Cushman, Jennifer C. Ames, Salem Press Encyclopedia, 2013) Simply put, prostitution is a form of trade; it has its own market with buyers and sellers. This phenomenon of prostitution is by no means a new one; dated from colonial times prostitution has become one of the oldest professions and up till today has an active market.
From its advent, prostitution had always been a controversial issue. Attempts to sweep prostitution under the rug brought about a new slew of problems for countries, ranging from …show more content…
abuse of prostitutes to diseases spread by prostitutes. Herein, countries took mainly two approaches: (1) legalizing prostitution and effectively putting in place a statue of rules and regulation, which had to be abided by. (2) Criminalizing prostitution as a whole, hence anyone who engaged in prostitution was punishable under law. Both approaches had their costs and benefits, to both buyers and seller. (Walkowitz, Judith R., 1980) However, a black market emerged in prostitution – wherein prostitutes engaged in illegal prostitution (illegal as defined by either the statue or law).
Using Australia as our case study, this paper aims to understand the core reasons underlying the emergence as well as sustenance of the black market for prostitution.
Australia
Prostitution in Australia
Prostitution in Australia is multi faceted – brothel prostitution, street prostitution and escort prostitution are only a few of the different types of prostitution avenues available.
Prostitution had posed the government a multitude of problems in Australia – prostitutes were being attacked and robbed, hawking in “respectable” residential estates and spreading sexually transmitted diseases. (Jeffreys, 2010) Then Prime Minister Keating came under public scrutiny as the problems brought about by prostitution grew. In 1994, Keating administration passed the Prostitution Control Act 1994, the first legal statue of its kind in Australia. (Appendix A – rmb to …show more content…
include!!!)
Legalization of prostitution
The Australian legalization policies could be summarized into three main categories: laws which punish prostitutes for selling sex; laws punishing those who are involved in the management and organization of prostitution; and, although uncommon, laws which punish those who purchase sex. (Pinto, 1996) While the benefits of these laws have been far reaching, the black market was established soon after with a huge following. It is also notable that legalization of prostitution statutes were not passed in uniformity in Australia, with the laws varying across the states. (Appendix A)
Methodology
Our group has studied this phenomenon by making use of secondary research. We have enabled this form of research due to our lack of resources in conducting primary research on the illegal prostitution scene in Australia.
Legalization has not been effective:
Legalization aimed at solving problems such as criminal involvement in the industry, unregulated expansion of brothels, and violence done to street-prostituted women. However, legalization has solved none of these problems and has instead led to many more.
Men, who would once have been classified as procurers and pimps, are now seen as a newly respectable class of sex “businessmen.” The state lives off the earnings of prostitution through increased taxation, licensing fees and the promotion of prostitution tourism (Sullivan, 2010). Such measures, in essence, normalise prostitution, turning it from a vice into nothing but a profitable business.
Trafficked women and children are kept in conditions of slavery, and trafficking has increased to supply the new brothels. Child prostitution has grown markedly in this state compared with other states in Australia. In fact, a 1998 study by End Child Prostitution and Trafficking (ECPAT) showed increased evidence of organised commercial exploitation of children (ECPAT Australia, 1998). Legalisation thus actually increased illegal child prostitution and trafficking.
Legalisation purportedly protects women through “condom policies”. However, a study found that men offered to pay prostitutes more for sexual services without a condom and many became violent when the offer was refused. In fact, many prostitutes, motivated by the extra money, tend to accede to the request without concern of the risk (Raymond, 2003). Hence, it is not true that legalisation protects prostitutes from health risks.
Policies of legalization are not effective in controlling any form of illegal prostitution. In the state of Victoria, there are an estimated 100 legal brothels and 400 illegal ones (Sullivan, 2007). The unfortunate truth is that the growth of the illegal industry has outstripped the legal industry. This is mainly because of the development of the escort sector, which is organised across borders making the local enforcement tough. In addition, escort prostitution makes no sense of safety requirements that can only be applied in permanent brothel locations. The 2002 Annual Report of the PLA states categorically, “Does the Prostitution Act provide an effective antidote which will encourage legality and discourage illegality? The answer to this is no” (PLA 2002, 20).
Legalization also does not discourage crime groups from involvement in prostitution because of the considerable profits they can make from this industry. Some brothel owners traffic foreign women to save on operating cost as sex trafficking victims are much cheaper and easier to secure compared to legal workers (Dale, 2012, Washington Post). Illegal prostitution also brings higher revenue, because customers are willing to pay higher for no-condom sex (Raymond, 2003). As such, illegal prostitution is definitely a much more profitable business than the legal avenue.
Findings
Illegal Prostitution & Rationalization
Rationalization, a concept developed by Weber, refers to the process by which modern society has increasingly become concerned with efficiency, predictability, calculability, and dehumanisation (Williams, 2014. http://education-portal.com/academy/lesson/rationalization-of-society-definition-examples-quiz.html#lesson ). It is actually rational for both the paying customer and prostitute to engage in illegal prostitution. In illegal prostitution, no tax needs to be paid to the government, no time needs to be taken to do health checkups, no licenses and safety plans needs to be submitted for governmental approval, among many other legislations set forth for legal prostitution (Jeffreys, 2010).
While these laws are implemented with the idea for the safety and health of the prostitutes and customers (Jeffreys, 2010), they can also be viewed as too restrictive. As such, illegal prostitution has lower barriers to entry and is more profitable for the prostitutes. Illegal prostitution is also not restricted to certain red-light districts, which makes it more convenient for customers (Jeffreys, 2010), not just in terms of distance, but also because they can avoid the negative labels that may be associated with them if they enter a red-light district (cite).
For organized crime syndicates, illegal prostitution is no doubt more profitable than legal prostitution because they can then engage in human trafficking (Jeffreys, 2010). As Jeffreys notes, “The ease of using trafficked women may act as a deterrent to pimps from going legal. The fact that many of those involved in running the industry see no advantage, but rather a loss of revenue, is another insurmountable problem for legalizing regimes” (2010). Thus, it is cost-rational for syndicates because illegal prostitutes are exploited and underpaid.
These are just a few examples that show the possibility of rational calculation, at least in the short run, as a reason for the continued persistence of illegal prostitution.
Illegal Prostitution & Functionalism
Similar to how prostitution can be functional, illegal prostitution also serves its specific functional purpose. From allowing disabled men an opportunity to meet their sexual desires, to providing a financial means for women with no other choice of work, prostitution does fulfill certain functions. These will be elaborated below:
For people who are disabled and are not able to be in a committed relationship, prostitution turns into an opportunity for them to have the sexual interaction that can be considered a need for some (https://hec.unil.ch/docs/files/56/618/davis_1937_asr.pdf ). As Sullivan and Jeffrey writes, “the sex industry markets itself as promoting the “rights” of people with disabilities by specifically catering to disabled men and disability charities” (year). In particular, the absence of third-party costs means cheaper rates in illegal prostitution, providing an additional incentive to engage in illegal prostitution (Hunter, 2013). As such, illegal prostitution provides a cheaper means to meet the need of these
men.
The final function is from the perspective of the prostitutes. For some women, their only means of income is through prostitution. “The Victorian Health Centre for Transmitted Diseases substantiated that women who are economically vulnerable often have little choice to refuse services which they find unacceptable” (Sullivan & Jeffreys, year). Prostitution does allow them to earn financially to meet the needs of their family and themselves. As such, it is possibly true that prostitution is an important source of income for them.
Similar to how Neo-Durkheimians had to tweak their functionalist stance to take into account the negative aspects, prostitution does result in the ingraining of male dominance where women are treated as sex objects (Sullivan & Jeffreys, year). What makes illegal prostitution even worse is how health and safety of the woman is no longer considered in the transaction. As such, while illegal prostitution does serve specific functions in society, one cannot view illegal prostitution as wholly positive because there are many negative aspects to it as well.
Conflict Perspective
Based on the literature review we have done, conflict theory can also be used to explain the prevalence of illegal prostitution. In legalized brothels, most of the prostitutes earning goes to the brothels which benefits mostly the owners of the brothels. However, when a women work as an illegal prostitute all her earnings belongs only to her. Thus, it shows the struggle of a women having to be an illegal prostituted as being a licensed prostituted are being exploited by the people ruling them, which is the owners of the brothels. There is also conflicting interest between the prostitutes and brothel owners, both parties wants to maximize their earnings. In such cases, the brothels usually exploit the prostitutes to maximize earning.
From a feminist perspective women not only faced limited opportunities in their career advancement but also their involvement in organized crime. This means that women working in the brothels are less likely to have say or gain power even over time; they will likely be exploited by the owners. Thus, being an illegal prostitute actually gives women the more power to control their own life and earn a better income.
Licensed prostitutes are also labelled negatively and sanctions are impose on them for being deviant and taking on roles that are not seen to be feminine. Such sanctions could be costly, which discourage people from being a legalized prostitute. For instances, legalized prostitutes have to pay a higher rental rates.
Conclusion
Laws regulating prostitution in Australia is a well-intentioned move by the Australian government. Yet, good intentions do not always translate to noble actions – and legal prostitution has turned into a harbinger of vice, temptation and exploitation, with negative economic and social consequences on Australia. Illegal prostitution continues to reign unabated, controlled on the peripheral by local authorities who have neither the incentive nor the capability to address the widespread crime related to illegal prostitution.
But why does illegal prostitution persist? In analysing this issue in its entirety, looking from the perspectives of the government, the prostitutes, the customers and the syndicates, we have referenced past sociologists work in order to develop a framework to understand the issue of illegal prostitution. It turns out that illegal prostitution may actually be a rational calculation on the part of illegal prostitutes and customers, and serves various functions in society like providing financial means of support for the poor families. The conflict perspective also present a reason for the prostitutes and brothel owners to maximise their profits by engaging in illegal prostitution. These reasons have been gleaned from various research papers and shows why the issue of prostitution is so ingrained in society.
Yet, more can be done in Australia to turn the situation around – the plight of exploited women, the living conditions in brothels are issues that can be surfaced and further addressed by the government. Awareness of the issue among the citizens of Australia must increase. Only when there is concerted effort to mitigate the issue, and only when there is a conviction in the community, from both men and women, will such a problem have hope of being fully eradicated.
References
Introduction
Prostitution is defined as the exchange of sexual acts performed by one party for either money or something of value to said party by party who is at the receiving end of the exchange. (Sexton Cushman, Jennifer C. Ames, Salem Press Encyclopedia, 2013) Simply put, prostitution is a form of trade; it has its own market with buyers and sellers. This phenomenon of prostitution is by no means a new one; dated from colonial times prostitution has become one of the oldest professions and up till today has an active market.
From its advent, prostitution had always been a controversial issue. Attempts to sweep prostitution under the rug brought about a new slew of problems for countries, ranging from …show more content…
abuse of prostitutes to diseases spread by prostitutes. Herein, countries took mainly two approaches: (1) legalizing prostitution and effectively putting in place a statue of rules and regulation, which had to be abided by. (2) Criminalizing prostitution as a whole, hence anyone who engaged in prostitution was punishable under law. Both approaches had their costs and benefits, to both buyers and seller. (Walkowitz, Judith R., 1980) However, a black market emerged in prostitution – wherein prostitutes engaged in illegal prostitution (illegal as defined by either the statue or law).
Using Australia as our case study, this paper aims to understand the core reasons underlying the emergence as well as sustenance of the black market for prostitution.
Australia
Prostitution in Australia
Prostitution in Australia is multi faceted – brothel prostitution, street prostitution and escort prostitution are only a few of the different types of prostitution avenues available.
Prostitution had posed the government a multitude of problems in Australia – prostitutes were being attacked and robbed, hawking in “respectable” residential estates and spreading sexually transmitted diseases. (Jeffreys, 2010) Then Prime Minister Keating came under public scrutiny as the problems brought about by prostitution grew. In 1994, Keating administration passed the Prostitution Control Act 1994, the first legal statue of its kind in Australia. (Appendix A – rmb to …show more content…
include!!!)
Legalization of prostitution
The Australian legalization policies could be summarized into three main categories: laws which punish prostitutes for selling sex; laws punishing those who are involved in the management and organization of prostitution; and, although uncommon, laws which punish those who purchase sex. (Pinto, 1996) While the benefits of these laws have been far reaching, the black market was established soon after with a huge following. It is also notable that legalization of prostitution statutes were not passed in uniformity in Australia, with the laws varying across the states. (Appendix A)
Methodology
Our group has studied this phenomenon by making use of secondary research. We have enabled this form of research due to our lack of resources in conducting primary research on the illegal prostitution scene in Australia.
Legalization has not been effective:
Legalization aimed at solving problems such as criminal involvement in the industry, unregulated expansion of brothels, and violence done to street-prostituted women. However, legalization has solved none of these problems and has instead led to many more.
Men, who would once have been classified as procurers and pimps, are now seen as a newly respectable class of sex “businessmen.” The state lives off the earnings of prostitution through increased taxation, licensing fees and the promotion of prostitution tourism (Sullivan, 2010). Such measures, in essence, normalise prostitution, turning it from a vice into nothing but a profitable business.
Trafficked women and children are kept in conditions of slavery, and trafficking has increased to supply the new brothels. Child prostitution has grown markedly in this state compared with other states in Australia. In fact, a 1998 study by End Child Prostitution and Trafficking (ECPAT) showed increased evidence of organised commercial exploitation of children (ECPAT Australia, 1998). Legalisation thus actually increased illegal child prostitution and trafficking.
Legalisation purportedly protects women through “condom policies”. However, a study found that men offered to pay prostitutes more for sexual services without a condom and many became violent when the offer was refused. In fact, many prostitutes, motivated by the extra money, tend to accede to the request without concern of the risk (Raymond, 2003). Hence, it is not true that legalisation protects prostitutes from health risks.
Policies of legalization are not effective in controlling any form of illegal prostitution. In the state of Victoria, there are an estimated 100 legal brothels and 400 illegal ones (Sullivan, 2007). The unfortunate truth is that the growth of the illegal industry has outstripped the legal industry. This is mainly because of the development of the escort sector, which is organised across borders making the local enforcement tough. In addition, escort prostitution makes no sense of safety requirements that can only be applied in permanent brothel locations. The 2002 Annual Report of the PLA states categorically, “Does the Prostitution Act provide an effective antidote which will encourage legality and discourage illegality? The answer to this is no” (PLA 2002, 20).
Legalization also does not discourage crime groups from involvement in prostitution because of the considerable profits they can make from this industry. Some brothel owners traffic foreign women to save on operating cost as sex trafficking victims are much cheaper and easier to secure compared to legal workers (Dale, 2012, Washington Post). Illegal prostitution also brings higher revenue, because customers are willing to pay higher for no-condom sex (Raymond, 2003). As such, illegal prostitution is definitely a much more profitable business than the legal avenue.
Findings
Illegal Prostitution & Rationalization
Rationalization, a concept developed by Weber, refers to the process by which modern society has increasingly become concerned with efficiency, predictability, calculability, and dehumanisation (Williams, 2014. http://education-portal.com/academy/lesson/rationalization-of-society-definition-examples-quiz.html#lesson ). It is actually rational for both the paying customer and prostitute to engage in illegal prostitution. In illegal prostitution, no tax needs to be paid to the government, no time needs to be taken to do health checkups, no licenses and safety plans needs to be submitted for governmental approval, among many other legislations set forth for legal prostitution (Jeffreys, 2010).
While these laws are implemented with the idea for the safety and health of the prostitutes and customers (Jeffreys, 2010), they can also be viewed as too restrictive. As such, illegal prostitution has lower barriers to entry and is more profitable for the prostitutes. Illegal prostitution is also not restricted to certain red-light districts, which makes it more convenient for customers (Jeffreys, 2010), not just in terms of distance, but also because they can avoid the negative labels that may be associated with them if they enter a red-light district (cite).
For organized crime syndicates, illegal prostitution is no doubt more profitable than legal prostitution because they can then engage in human trafficking (Jeffreys, 2010). As Jeffreys notes, “The ease of using trafficked women may act as a deterrent to pimps from going legal. The fact that many of those involved in running the industry see no advantage, but rather a loss of revenue, is another insurmountable problem for legalizing regimes” (2010). Thus, it is cost-rational for syndicates because illegal prostitutes are exploited and underpaid.
These are just a few examples that show the possibility of rational calculation, at least in the short run, as a reason for the continued persistence of illegal prostitution.
Illegal Prostitution & Functionalism
Similar to how prostitution can be functional, illegal prostitution also serves its specific functional purpose. From allowing disabled men an opportunity to meet their sexual desires, to providing a financial means for women with no other choice of work, prostitution does fulfill certain functions. These will be elaborated below:
For people who are disabled and are not able to be in a committed relationship, prostitution turns into an opportunity for them to have the sexual interaction that can be considered a need for some (https://hec.unil.ch/docs/files/56/618/davis_1937_asr.pdf ). As Sullivan and Jeffrey writes, “the sex industry markets itself as promoting the “rights” of people with disabilities by specifically catering to disabled men and disability charities” (year). In particular, the absence of third-party costs means cheaper rates in illegal prostitution, providing an additional incentive to engage in illegal prostitution (Hunter, 2013). As such, illegal prostitution provides a cheaper means to meet the need of these
men.
The final function is from the perspective of the prostitutes. For some women, their only means of income is through prostitution. “The Victorian Health Centre for Transmitted Diseases substantiated that women who are economically vulnerable often have little choice to refuse services which they find unacceptable” (Sullivan & Jeffreys, year). Prostitution does allow them to earn financially to meet the needs of their family and themselves. As such, it is possibly true that prostitution is an important source of income for them.
Similar to how Neo-Durkheimians had to tweak their functionalist stance to take into account the negative aspects, prostitution does result in the ingraining of male dominance where women are treated as sex objects (Sullivan & Jeffreys, year). What makes illegal prostitution even worse is how health and safety of the woman is no longer considered in the transaction. As such, while illegal prostitution does serve specific functions in society, one cannot view illegal prostitution as wholly positive because there are many negative aspects to it as well.
Conflict Perspective
Based on the literature review we have done, conflict theory can also be used to explain the prevalence of illegal prostitution. In legalized brothels, most of the prostitutes earning goes to the brothels which benefits mostly the owners of the brothels. However, when a women work as an illegal prostitute all her earnings belongs only to her. Thus, it shows the struggle of a women having to be an illegal prostituted as being a licensed prostituted are being exploited by the people ruling them, which is the owners of the brothels. There is also conflicting interest between the prostitutes and brothel owners, both parties wants to maximize their earnings. In such cases, the brothels usually exploit the prostitutes to maximize earning.
From a feminist perspective women not only faced limited opportunities in their career advancement but also their involvement in organized crime. This means that women working in the brothels are less likely to have say or gain power even over time; they will likely be exploited by the owners. Thus, being an illegal prostitute actually gives women the more power to control their own life and earn a better income.
Licensed prostitutes are also labelled negatively and sanctions are impose on them for being deviant and taking on roles that are not seen to be feminine. Such sanctions could be costly, which discourage people from being a legalized prostitute. For instances, legalized prostitutes have to pay a higher rental rates.
Conclusion
Laws regulating prostitution in Australia is a well-intentioned move by the Australian government. Yet, good intentions do not always translate to noble actions – and legal prostitution has turned into a harbinger of vice, temptation and exploitation, with negative economic and social consequences on Australia. Illegal prostitution continues to reign unabated, controlled on the peripheral by local authorities who have neither the incentive nor the capability to address the widespread crime related to illegal prostitution.
But why does illegal prostitution persist? In analysing this issue in its entirety, looking from the perspectives of the government, the prostitutes, the customers and the syndicates, we have referenced past sociologists work in order to develop a framework to understand the issue of illegal prostitution. It turns out that illegal prostitution may actually be a rational calculation on the part of illegal prostitutes and customers, and serves various functions in society like providing financial means of support for the poor families. The conflict perspective also present a reason for the prostitutes and brothel owners to maximise their profits by engaging in illegal prostitution. These reasons have been gleaned from various research papers and shows why the issue of prostitution is so ingrained in society.
Yet, more can be done in Australia to turn the situation around – the plight of exploited women, the living conditions in brothels are issues that can be surfaced and further addressed by the government. Awareness of the issue among the citizens of Australia must increase. Only when there is concerted effort to mitigate the issue, and only when there is a conviction in the community, from both men and women, will such a problem have hope of being fully eradicated.
References