Prostitution In Canada Research Paper
Cecile Ouillet
35761148
English 112
Alexander Hart
November 4, 2014
Resolving the Indestructible Industry
Prostitution exists throughout all parts of the world, society and history. Despite its strong and consistent presence, there is still no effective solution that allows the practice to be safe and well regulated. There are three possible methods to govern prostitution: decriminalizing, legalizing or illegalizing. Currently, Canada criminalizes all activities surrounding prostitution, yet the act of prostitution itself is not a crime. Unsatisfied with its current laws, the Canadian Government passed the Protection of Communities and Exploited Persons Act (Bill C-36) on October 6th 2014 (Canada; A Personal 9). The act claims to be targeting …show more content…
the clients, yet it forbids communication and advertisements for the purpose of prostitution, as well as material benefit in exchange for sex, which affects the prostitute rather than the buyer (Canada). Those who support these laws condemn prostitution and consider the act immoral and dangerous to society. Opposing views believe that Canada’s current and new laws are archaic and regressive, thus legalization or decriminalization is the obvious solution. Canada must determine which approach is the most effective in enabling a safe and just environment for sex workers, customers and society at large.
Prostitution is illegal in Canada on both moral and regulation grounds. Supporters of illegalization of prostitution believe that women who have been a victim of sexual abuse are more likely to enter the industry due to vulnerability. Research has suggested that this claim is valid, as there is a clear correlation between the average age of entry into prostitution and the average age of rape, sexual assault, or incest victims (O’Connell 451). When prostitutes do enter the industry, they are often subject to violence. Prostitution can be considered as women selling their bodies to men, thus promoting inequality and reinforcing female dependence on men (Oselin 23; O 'Connell 450). Violence is a result of men assuming that women who agree to prostitution also agree to be sexually assaulted (Raphael). By allowing men to purchase sex they are prompted to objectify and thus, at times, to act violently towards women. Moreover, critics believe prostitution should be illegal to enforce gender equality, to discourage violence towards women, and to prevent vulnerable women from entering the industry. Regulation of prostitution is made extremely challenging by the existence of three very distinct segments: brothel prostitutes, street prostitutes, and escorts (Jeffreys). Legalizing prostitution in order to regulate the industry has only proven to be effective in brothels. Since brothels are single establishments, the government can control and intervene to ensure the safety of both the client and the prostitute (Jeffreys). Unfortunately, the popularity of brothels has steadily declined, and the use of escort prostitution has increased instead (Jeffreys). Women in the escort sector are more likely to be exploited. Many are likely to start their profession as minors, part of the 600,000 to 800,000 women that are internationally trafficked every year (Jeffreys; Post). Enforcing policies in escort prostitution is extremely difficult as escorts work in continually changing locations and some work independently from any organization. Furthermore, there is a fine line between forced and voluntary prostitution. Determining the difference between the two has proven to be challenging as those who arrange involuntary prostitution (pimps and businesses) often “hide under the cloak of voluntary prostitution” (Narag). Even if regulation was possible throughout the industry, legalization would not discourage crime groups, pimps, nor industry associated crimes (LeBeuf 32). Organized crime groups have no incentive to abide by legalized regulation, as becoming legal would require tax payments and alter many operations in order to meet legal requirements (Jeffreys). Advocates who support the continued illegalization of prostitution encourage Canada to intensify current laws as they believe not only that prostitution is morally wrong, but that regulation is impossible and that legalization would fail to eliminate criminal activity.
Advocates of the legalization of prostitution deem it should be legal, because law should not be based on perceived moral codes and because legalization would allow the industry to become safer. In their view, an act is considered to be a crime if it is harmful to society. Thus, prostitution, an activity where there are no complaining victims or juveniles involved, does not deserve to be sanctioned as crime (Ryder; Decker 13: 23). Although the act of prostitution is legal in Canada, sections 210-213 of the criminal code criminalize everything associated with the act, making legal prostitution impossible (Maschke 213). Current prostitution laws are insufficient in protecting society’s safety, thus their sole purpose is to represent conventional morality. Morality is subjective, and law should not determine whether sex is redeemed nor corrupted by the presence nor absence of economic exchange (Ryder). Moreover, private sexual behaviour between two consenting adults is a personal affair, and should not be affiliated with governmental policy (Decker 13: 453). Canadian culture is tolerant of sexualisation; media figures are constantly being sexualized and pornography is legal (Decker 13: 452). There is also an acceptance of individuals who marry simply for access to their spouses’ wealth. These activities all resemble prostitution, demonstrating that in reality society’s morals do not condemn sexual behaviour.
Prostitution is also considered as one of the world’s oldest professions existing in all societies despite condemning laws (Decker 13: 16).
When prostitution is forced to operate underground, as it is in Canada, “the possibility that the prostitute or the customer will be exploited or become the victim of a crime, that prostitutes will be immersed in a criminal culture, or that juveniles will become entangled in the profession is great[er]” (Decker 13: 143). Laws forbidding prostitution rather than regulating prostitution make it extremely difficult to eliminate crimes encompassing the industry. Prostitutes become part of organized criminal groups out of fear of being arrested. Pimps and organized groups may save prostitutes from jail, but they promote violence and drug abuse. Furthermore, Canadian law has caused society to regard prostitutes as criminals. With this negative perception, prostitutes are rarely able to turn to the police for help and are often disproportionately punished by law enforcement practices (LeBeuf 34; A Personal 11). Gary Ridgway, a serial murderer of 48 women in the United States, stated, “I picked prostitutes because I thought I could kill as many of them as I wanted without getting caught” (American). Prostitutes work in a very dangerous industry and thus should have police protection. The legalization or decriminalization of prostitution would not only improve the safety of prostitutes, it would eliminate the negative stigma of …show more content…
society. Not all prostitutes are victims of sex trafficking and juvenile sex workers. There are many men and women who enter the profession by their own will. These prostitutes feel as though the profession rewards them with self-esteem, self-acceptance and toleration of others (American). Prostitutes may even be considered as paraprofessional sex therapists in circumstances where clients suffer from the inability to form relationships, have sexual contact or any other sexual dysfunctions (Decker 13: 454). For instance, prostitution allowed a man who suffered from polio to experience sexual connection and a relationship that he would be unable to form in society (American). Furthermore, after a husband’s wife was diagnosed with cancer, both him and his wife agreed that he should resort to prostitution to fulfill his sexual needs, allowing him to better emotionally support his wife (American). Advocates of prostitution believe society should legalize or decriminalize prostitution in order to encourage therapeutic and positive prostitution and condone the violent and criminal segment of the industry. Though legalization and decriminalization both promote similar concepts, there is a clear distinction between the two. Legalizing prostitution gives government the freedom to create and enforce regulations to control the industry. Government has the ability to tax the trade, institute medical examinations, and even perform drug tests on the workers. Alternatively, decriminalizing simply permits prostitution without imposing any regulatory laws; therefore prostitution would only be required to abide by the laws of the general public. Some critics prefer decriminalizing as it eliminates government interference in the private matter of sexual behaviour. Additionally, they argue prostitution licensing records may raise a similar negative stigma as criminal records, therefore prohibiting prostitutes from leaving the industry. Advocates for prostitution believe Canada should consider legalization or decriminalization of prostitution to have greater control of the industry and of its encompassing activities. Prostitution policies differ throughout the world’s diverse societies (O 'Connell 452). In Canada prostitution is legal, however prohibiting laws of relating activities make legal prostitution unattainable. Clearly Canada’s current laws on prostitution are ineffective and inadequate in creating a safe environment. Canada should take a modern approach in accepting prostitution as an inevitable industry that will be forever present in society. The legalization of prostitution would allow government to create a safer working environment for both the prostitute and client. Furthermore, legalization would help identify exploitation within the industry and eliminate the crime that surrounds the industry.
Works Cited
American Courtesans. Dir. James Johnson. Perf. Kristen DiAngelo. Centex Enterprises, 2013. Film.
"A Personal Choice; Prostitution." The Economist 412.8899 (2014): 9-11. Print.
Canada. “C-36.” Parliament of Canada. Minister of Justice, n.d. Web. 30 Oct 2014.
Decker, John F. Prostitution: Regulation and Control. Vol. 13. Littleton, Colorado: Fred B. Rothman, 1979. Print.
Jeffreys, Sheila. ""Brothels without Walls": The Escort Sector as a Problem for the Legalization of Prostitution." Social Politics 17.2 (2010). n. pag. Web. 29. Oct. 2014.
LeBeuf, Marcel-Eugène.
Royal Canadian Mounted Police. Control or Regulation of Prostitution in Canada - Implications for the Police. Ottowa: Canada, 2006. Web. 4 Nov 2014.
Maschke, Karen J. "Canada." Pornography, Sex Work, and Hate Speech. Taylor & Francis, 1997. Print.
Narag, Raymund Espinosa, and Sheila Royo Maxwell. "Prostitution." 21st Century Criminology: A Reference Handbook. Ed. J. Mitchell Miller. Thousand Oaks, CA: SAGE Publications, Inc., 2009. 572-81. SAGE knowledge. Web. 1 Nov. 2014
Oselin, Sharon S. Leaving Prostitution: Getting out and Staying out of Sex Work. New York: New York UP, 2014. Print.
O 'Connell, Davidson, J. "Prostitution." International Encyclopedia of the Social & Behavioral Sciences. Stanford, CA: Elsevier, 2001. Print.
Post, Dianne. "Legalization of Prostitution is a Violation of Human Rights." National Lawyers Guild Review 68.2 (2011): n. pag. Web. 30 Oct 2014.
Raphael, Jody. "Prostitution." Encyclopedia of Interpersonal Violence. Ed. Claire M. Renzetti, and Jeffrey L. Edleson. Thousand Oaks, CA: SAGE Publications, Inc., 2008. 569-70. SAGE knowledge. Web. 4 Nov. 2014.
Ryder, Bruce. "How to Fix the Prostitution Law." The Globe and Mail. Phillip Crawley, 24 July 2014. Web. 28 Oct.
2014.
35761148
English 112
Alexander Hart
November 4, 2014
Resolving the Indestructible Industry
Prostitution exists throughout all parts of the world, society and history. Despite its strong and consistent presence, there is still no effective solution that allows the practice to be safe and well regulated. There are three possible methods to govern prostitution: decriminalizing, legalizing or illegalizing. Currently, Canada criminalizes all activities surrounding prostitution, yet the act of prostitution itself is not a crime. Unsatisfied with its current laws, the Canadian Government passed the Protection of Communities and Exploited Persons Act (Bill C-36) on October 6th 2014 (Canada; A Personal 9). The act claims to be targeting …show more content…
the clients, yet it forbids communication and advertisements for the purpose of prostitution, as well as material benefit in exchange for sex, which affects the prostitute rather than the buyer (Canada). Those who support these laws condemn prostitution and consider the act immoral and dangerous to society. Opposing views believe that Canada’s current and new laws are archaic and regressive, thus legalization or decriminalization is the obvious solution. Canada must determine which approach is the most effective in enabling a safe and just environment for sex workers, customers and society at large.
Prostitution is illegal in Canada on both moral and regulation grounds. Supporters of illegalization of prostitution believe that women who have been a victim of sexual abuse are more likely to enter the industry due to vulnerability. Research has suggested that this claim is valid, as there is a clear correlation between the average age of entry into prostitution and the average age of rape, sexual assault, or incest victims (O’Connell 451). When prostitutes do enter the industry, they are often subject to violence. Prostitution can be considered as women selling their bodies to men, thus promoting inequality and reinforcing female dependence on men (Oselin 23; O 'Connell 450). Violence is a result of men assuming that women who agree to prostitution also agree to be sexually assaulted (Raphael). By allowing men to purchase sex they are prompted to objectify and thus, at times, to act violently towards women. Moreover, critics believe prostitution should be illegal to enforce gender equality, to discourage violence towards women, and to prevent vulnerable women from entering the industry. Regulation of prostitution is made extremely challenging by the existence of three very distinct segments: brothel prostitutes, street prostitutes, and escorts (Jeffreys). Legalizing prostitution in order to regulate the industry has only proven to be effective in brothels. Since brothels are single establishments, the government can control and intervene to ensure the safety of both the client and the prostitute (Jeffreys). Unfortunately, the popularity of brothels has steadily declined, and the use of escort prostitution has increased instead (Jeffreys). Women in the escort sector are more likely to be exploited. Many are likely to start their profession as minors, part of the 600,000 to 800,000 women that are internationally trafficked every year (Jeffreys; Post). Enforcing policies in escort prostitution is extremely difficult as escorts work in continually changing locations and some work independently from any organization. Furthermore, there is a fine line between forced and voluntary prostitution. Determining the difference between the two has proven to be challenging as those who arrange involuntary prostitution (pimps and businesses) often “hide under the cloak of voluntary prostitution” (Narag). Even if regulation was possible throughout the industry, legalization would not discourage crime groups, pimps, nor industry associated crimes (LeBeuf 32). Organized crime groups have no incentive to abide by legalized regulation, as becoming legal would require tax payments and alter many operations in order to meet legal requirements (Jeffreys). Advocates who support the continued illegalization of prostitution encourage Canada to intensify current laws as they believe not only that prostitution is morally wrong, but that regulation is impossible and that legalization would fail to eliminate criminal activity.
Advocates of the legalization of prostitution deem it should be legal, because law should not be based on perceived moral codes and because legalization would allow the industry to become safer. In their view, an act is considered to be a crime if it is harmful to society. Thus, prostitution, an activity where there are no complaining victims or juveniles involved, does not deserve to be sanctioned as crime (Ryder; Decker 13: 23). Although the act of prostitution is legal in Canada, sections 210-213 of the criminal code criminalize everything associated with the act, making legal prostitution impossible (Maschke 213). Current prostitution laws are insufficient in protecting society’s safety, thus their sole purpose is to represent conventional morality. Morality is subjective, and law should not determine whether sex is redeemed nor corrupted by the presence nor absence of economic exchange (Ryder). Moreover, private sexual behaviour between two consenting adults is a personal affair, and should not be affiliated with governmental policy (Decker 13: 453). Canadian culture is tolerant of sexualisation; media figures are constantly being sexualized and pornography is legal (Decker 13: 452). There is also an acceptance of individuals who marry simply for access to their spouses’ wealth. These activities all resemble prostitution, demonstrating that in reality society’s morals do not condemn sexual behaviour.
Prostitution is also considered as one of the world’s oldest professions existing in all societies despite condemning laws (Decker 13: 16).
When prostitution is forced to operate underground, as it is in Canada, “the possibility that the prostitute or the customer will be exploited or become the victim of a crime, that prostitutes will be immersed in a criminal culture, or that juveniles will become entangled in the profession is great[er]” (Decker 13: 143). Laws forbidding prostitution rather than regulating prostitution make it extremely difficult to eliminate crimes encompassing the industry. Prostitutes become part of organized criminal groups out of fear of being arrested. Pimps and organized groups may save prostitutes from jail, but they promote violence and drug abuse. Furthermore, Canadian law has caused society to regard prostitutes as criminals. With this negative perception, prostitutes are rarely able to turn to the police for help and are often disproportionately punished by law enforcement practices (LeBeuf 34; A Personal 11). Gary Ridgway, a serial murderer of 48 women in the United States, stated, “I picked prostitutes because I thought I could kill as many of them as I wanted without getting caught” (American). Prostitutes work in a very dangerous industry and thus should have police protection. The legalization or decriminalization of prostitution would not only improve the safety of prostitutes, it would eliminate the negative stigma of …show more content…
society. Not all prostitutes are victims of sex trafficking and juvenile sex workers. There are many men and women who enter the profession by their own will. These prostitutes feel as though the profession rewards them with self-esteem, self-acceptance and toleration of others (American). Prostitutes may even be considered as paraprofessional sex therapists in circumstances where clients suffer from the inability to form relationships, have sexual contact or any other sexual dysfunctions (Decker 13: 454). For instance, prostitution allowed a man who suffered from polio to experience sexual connection and a relationship that he would be unable to form in society (American). Furthermore, after a husband’s wife was diagnosed with cancer, both him and his wife agreed that he should resort to prostitution to fulfill his sexual needs, allowing him to better emotionally support his wife (American). Advocates of prostitution believe society should legalize or decriminalize prostitution in order to encourage therapeutic and positive prostitution and condone the violent and criminal segment of the industry. Though legalization and decriminalization both promote similar concepts, there is a clear distinction between the two. Legalizing prostitution gives government the freedom to create and enforce regulations to control the industry. Government has the ability to tax the trade, institute medical examinations, and even perform drug tests on the workers. Alternatively, decriminalizing simply permits prostitution without imposing any regulatory laws; therefore prostitution would only be required to abide by the laws of the general public. Some critics prefer decriminalizing as it eliminates government interference in the private matter of sexual behaviour. Additionally, they argue prostitution licensing records may raise a similar negative stigma as criminal records, therefore prohibiting prostitutes from leaving the industry. Advocates for prostitution believe Canada should consider legalization or decriminalization of prostitution to have greater control of the industry and of its encompassing activities. Prostitution policies differ throughout the world’s diverse societies (O 'Connell 452). In Canada prostitution is legal, however prohibiting laws of relating activities make legal prostitution unattainable. Clearly Canada’s current laws on prostitution are ineffective and inadequate in creating a safe environment. Canada should take a modern approach in accepting prostitution as an inevitable industry that will be forever present in society. The legalization of prostitution would allow government to create a safer working environment for both the prostitute and client. Furthermore, legalization would help identify exploitation within the industry and eliminate the crime that surrounds the industry.
Works Cited
American Courtesans. Dir. James Johnson. Perf. Kristen DiAngelo. Centex Enterprises, 2013. Film.
"A Personal Choice; Prostitution." The Economist 412.8899 (2014): 9-11. Print.
Canada. “C-36.” Parliament of Canada. Minister of Justice, n.d. Web. 30 Oct 2014.
Decker, John F. Prostitution: Regulation and Control. Vol. 13. Littleton, Colorado: Fred B. Rothman, 1979. Print.
Jeffreys, Sheila. ""Brothels without Walls": The Escort Sector as a Problem for the Legalization of Prostitution." Social Politics 17.2 (2010). n. pag. Web. 29. Oct. 2014.
LeBeuf, Marcel-Eugène.
Royal Canadian Mounted Police. Control or Regulation of Prostitution in Canada - Implications for the Police. Ottowa: Canada, 2006. Web. 4 Nov 2014.
Maschke, Karen J. "Canada." Pornography, Sex Work, and Hate Speech. Taylor & Francis, 1997. Print.
Narag, Raymund Espinosa, and Sheila Royo Maxwell. "Prostitution." 21st Century Criminology: A Reference Handbook. Ed. J. Mitchell Miller. Thousand Oaks, CA: SAGE Publications, Inc., 2009. 572-81. SAGE knowledge. Web. 1 Nov. 2014
Oselin, Sharon S. Leaving Prostitution: Getting out and Staying out of Sex Work. New York: New York UP, 2014. Print.
O 'Connell, Davidson, J. "Prostitution." International Encyclopedia of the Social & Behavioral Sciences. Stanford, CA: Elsevier, 2001. Print.
Post, Dianne. "Legalization of Prostitution is a Violation of Human Rights." National Lawyers Guild Review 68.2 (2011): n. pag. Web. 30 Oct 2014.
Raphael, Jody. "Prostitution." Encyclopedia of Interpersonal Violence. Ed. Claire M. Renzetti, and Jeffrey L. Edleson. Thousand Oaks, CA: SAGE Publications, Inc., 2008. 569-70. SAGE knowledge. Web. 4 Nov. 2014.
Ryder, Bruce. "How to Fix the Prostitution Law." The Globe and Mail. Phillip Crawley, 24 July 2014. Web. 28 Oct.
2014.