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PROSTITUTION IN CANADA AND OTHER COUNTRIES
The Prostitution Law in Canada
One of the problems with Canada's prostitution
laws, set out in the Criminal Code, is that they are illogical
and hypocritical. The present provisions do not prohibit the
buying and selling of sex, which is surely the central issue,
but makes only the communicating of that transaction an offence
(S.213). In addition, municipally licensed body rub parlours,
which are only thinly disguised brothels, usually operate
undisturbed by police. Further, the sale of sexual services,
masquerading under the pseudonym of "escort services",
flourishes freely and undeterred, soliciting business openly
by way of newspaper advertisements. Escort services in Canada
have been memorably described by the Globe and Mail, in its
June 28, 1995 editorial, as a "movable feast" since
the sexual service is provided not from one single location,
but operates from place to place on demand. However, if the
same sexual service is provided from one location only, it
becomes, under Canadian law, a criminal offence under S.210
of the Criminal Code since it then becomes a "bawdy house".
It is obvious that the act of selling sex
in Canada becomes actionable, depending on where it occurs,
and it seems, that it is only the public manifestation of
prostitution that makes it objectionable. In short, it is
not the act of prostitution itself, i.e. selling of a body
for sexual purposes, that the law apparently finds objectionable,
it's just where the act takes place! On the one hand, Canadian
law tolerates the act of prostitution, while, on the other
hand, it doesn't allow its solicitation to occur in full view
on our streets.
Legalizing of Prostitution and Red Light
Districts
Legalizing prostitution, means removing it
as a crime from the Criminal Code and permitting prostitution
to take place in restricted areas, e.g., industrial areas
regulated by municipal licensing by-laws in so-called "red
light" districts. This approach to prostitution has been
established in some European cities, such as Amsterdam, Brussels
and Antwerp. Under this licensing scheme, conditions of licenses
specify the hours and locations, minimum wage and residence
and public health requirements of the prostitutes. In other
words, prostitution is turned into a licensed business like
any other.
Problems arising from the establishment of red light districts
are numerous. To summarize just few of them:
- "Sex professionals" do not stay
confined to one area, as competition forces them to move
to other areas as well;
- Red light districts become centres for
drug trafficking and other crimes. For example, police make
few checks of legal brothels, with the result that they
quickly become ideal locations for drug connections. Posing
as clients, drug dealers thrive, completely assured of privacy
for their transactions;
- Legalization creates legitimacy and legitimacy
leads to increased usage of prostitution;
- Legalized prostitution does not stop illegal
prostitution, but allows it to continue to operate. In fact,
experience in other countries indicates that the result
of legalizing prostitution has been that all forms of prostitution
boomed, with unregulated prostitution increasing faster
than legal prostitution activities;
- Pimps continue to operate freely and comfortably
in brothels situated in red light districts.
Specific examples of the problems that have
arisen with the establishment of red light districts in other
jurisdictions include the following:
a) The United States
Boston
The city of Boston tried to regulate prostitution
by restricting it to a red light district. Quickly, that area
became a self-ruled jungle called the "Combat Zone",
impenetrable by the local police. The reason for this is that
wherever there is prostitution, the criminal element (drugs,
gambling and pornography) quickly follows in its wake. The
Boston red light district became controlled and "secured"
by organized crime, preventing the local police from entering
it to restore order. The situation was only corrected when
the Boston City Council revoked its red light licensing regulations.
Nevada
Nevada has now established 28 legal brothels
within its jurisdiction. The prostitutes working in them,
however, are treated more like slaves than employees by the
managing Madams. The prostitutes work long 14 hour shifts,
seven days a week, three weeks in a row. They can leave the
brothel only with permission, and are permitted to go to only
a few places in town, such as to a hairdresser. At all times
they must be accompanied by an escort. They are not allowed
to talk to anyone about their private lives and cannot read
or eat in the "parlour" while waiting to be selected.
Despite the presence of licensed brothels,
unlicensed prostitution has not been curtailed in Nevada (just
a few minutes in Nevada's famous gambling casinos makes that
all too obvious), nor have criminal activities been reduced.
Pimps are prevalent in legal brothels. Compulsory medical
exams of the prostitutes have had only a marginal effect in
controlling sexually transmitted diseases there.
(b) West Germany
West Germany thought it had resolved the problem
of prostitution. It permitted several high-rise apartments,
called EROS centres, to be used exclusively for prostitution.
In those centres the prostitutes are forced to pay high rent
for the cubicles in which they live and operate. Rent is required
even when they are not using the premises. The prostitutes,
scantily clad, are required to sit out on the landings by
the elevators, to be surveyed and selected by the customers
when they step out of the elevators. These EROS centres have
not succeeded in limiting or containing prostitution; nor
has the prevalence of pimps in the business been curtailed.
Unexpected Consequence of Legalizing Prostitution
in Germany
One horrifying effect of legalizing prostitution
in Germany is that brothel owners - who must pay taxes and
employee health insurance - have been granted access to official
databases of jobseekers. Under Germany's welfare reforms,
any woman under 55 who has been out of work for more than
a year can be forced to take any available job, including
in the sex industry - or lose her unemployment benefits. The
government had considered making brothels an exception on
moral grounds, but concluded that it would be too difficult
to distinguish them from bars. As a result, employers in the
sex industry can advertise at the job center which must treat
employers looking for a prostitute in the same way as those
looking for a dental nurse. This abhorrent situation is the
logical conclusion arising from the legalizing of prostitution,
which results in it no longer being considered immoral.
(c) Sweden
Thirty years ago, Sweden swept away virtually
all legal restraints on sexual behaviour, including prostitution.
At that time, Swedish reformers prophesied, that removing
sexual prohibitions would produce a less repressed, healthier
society and they expected that prostitution would be significantly
reduced as a result.
During the 30 year period that prostitution
was permitted to operate freely, one in every 10 Swedish males
bought sexual services at least occasionally. Moreover, prostitution
became linked to drug trafficking and other crimes, and at
least half of Swedish prostitutes became drug addicts.
As well, even though Sweden boasts one of
the world's most extensive state welfare systems, so no one
is compelled to become a prostitute for economic reasons,
according to a government commission report released in April,
1995, many women entered into prostitution in Sweden because
they saw it as "easy money".
However, Sweden completely revised its position
on prostitution and passed legislation in May 1998, making
the purchase of sexual services from a prostitute a criminal
offence, resulting in either a fine or imprisonment up to
a maximum of six months.
(d) State of Victoria, Australia
In 1986, the Victorian Labour government legalized
brothels, claiming crime would be eliminated, prostitutes'
lives would be made safer, and there would be fewer health
risks. None of this happened.
Organized crime had a field day in Victoria,
with gangs fighting for control of the sex and drug trades
with four or five gang leaders controlling the entire prostitution
"industry". Sexually transmitted diseases (STD)
and AIDS increased. This was due to the fact that medical
authorities examined only one of the partners in the sex act,
which was self-defeating. Also, favourable medical results
provided a false sense of security to clients, prostitutes
and controllers. Medical examinations also provoked hostility
and decreased cooperation from prostitutes who moved around
too often to be monitored. If one did become infected with
a sexually transmitted disease, another prostitute would replace
her for the medical check up, using the infected woman's medical
card.
All forms of prostitution boomed, with illegal
prostitution increasing faster than legal businesses and escort
agencies increased most. For example, there were 60 licensed
brothels operating in the State of Victoria in 1992, plus
200 illegal brothels operating at the same time. The number
of street prostitutes increased because legislation gave legitimacy
to the idea that sex is acceptable outside of close relationships.
(e)State of West Australia, Australia
The disastrous effects of legalizing prostitution
in Victoria led the government of the state of West Australia
to tighten its prostitution laws. This led to more prostitutes
trying to get out of the sex trade, with pimps and former
madams also doing so, because of fear of the law.
The above examples indicate, that a "containment"
policy on prostitution doesn't work and only exacerbates the
problems surrounding it.
Although prostitution, as well as other offences,
will never be eradicated entirely from society, this does
not mean that a government is unable to deal with the problems
of prostitution, which has many harmful effects on society.
Prostitution is Harmful
Prostitution has many harmful effects on the
prostitutes themselves, on clients and on their families,
the business milieu in which this occurs, and on society as
a whole.
As a prostitute sells sex as a service to
a customer, the dignity of women and men is demeaned, allowing
the customer to buy the right to treat another person as an
object. It has nothing to do with love or personal relationship,
and removes the dignity and bonding of the sexual act from
its desired context of a loving relationship.
Prostitution adversely affects the environment
in which the solicitation occurs, whether on downtown streets
or in residential apartments. Neighbourhood residents are
made fearful of walking their streets, and neighbourhoods
are no longer safe for children or youth, who may become targets
for solicitation. Property values drop, traffic problems develop
and the area often becomes noisy and dangerous. The prevalence
of alcohol, drug abuse and crime amongst pimps and prostitutes
is also a danger to them and others.
Prostitutes are extremely vulnerable members
of society, open to personal and sexual degradation, exploitation
and violence from customers, pimps, and businesses from whose
premises they work. They have no security or job training
to sustain them in later years and often their physical and
mental health is at risk.
The effect of prostitution on young children
and teenagers is especially alarming, giving them the impression
that sexuality is merely recreation and sport, and not a responsible,
loving expression best kept within the desirable and permanent
context of a conjugal relationship. Acceptance encourages
teenagers to view prostitution as a temporary way of financial
survival, which they might pursue, rather than working to
acquire marketable work skills through education and legal
employment. Such young people are not "throw away"
kids, but are mostly children suffering from abusive backgrounds
of drugs, alcohol and sexual and physical abuse.
The Prostitutes
The prostitution lifestyle is often entered
into because of the prostitutes' addictions to hard drugs,
which leaves them sick and homeless. Such women could never
be employed in commercial establishments (brothels) or work
as escorts. They are too high, too drunk or too sick to keep
regular hours of work or doctors' appointments. That is, the
sickest and most addicted are left behind on the streets by
decriminalizing legislation.
What is necessary is to provide help to these
women in order for them to lead safer lives. This means providing
transitional housing, with support for these women, who are
largely too troubled and dysfunctional to live on their own.
In effect, a heavy investment in social programs
must be a major priority along with any changes in our prostitution
laws.
REAL Women's Recommendations to Amend Canada's
Prostitution Laws
- Since the act of prostitution itself is
not an offence under the Criminal Code, the latter should
be amended to prohibit prostitution itself, as well as prohibit
the activities surrounding prostitution, i.e. keeping a
common bawdy house, living off the avails of prostitution,
etc. This has worked in the state of West Australia and
can work here as well.
Such an amendment would be in accordance with
Canada's international commitment, made in 1981 when it ratified
the UN Convention of the Elimination of All Forms of Discrimination
Against Women (CEDAW). Article 6 of the Convention provides
that countries ratifying the Document shall "take all
appropriate measures, including legislation to suppress all…exploitation
of women."
- Strict penalties for those who use children
as prostitutes must be enforced.
- The communicating provision section (S.213)
of the Criminal Code should be amended to make it a hybrid
offence, thereby allowing prosecutors to treat such offences
as either a summary or an indictable offense. This would
allow authorities to fingerprint and photograph offenders.
Such identification tools would assist in locating runaways,
and help track repeat or dangerous johns.
- Measures must be adopted to rehabilitate
those men and women who work as prostitutes. Sheltered housing,
more detoxification and drug rehabilitation centres, counseling,
job training and education are all necessary to help these
persons regain a sense of dignity, self-esteem and purpose
in their lives, and return them to the mainstream of society.
Not all prostitutes can be helped, but such an outreach
to them would rescue at least some of them.
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