12/05 New
Prostitution Bill To be introduced again in the Arizona Legislature
- Very Important!
Tougher prostitution law backed
By Dennis Welch, Tribune December 13, 2005
A state lawmaker wanting to drive prostitution off the streets and out of
Arizona is pushing for tougher penalties against prostitutes and their patrons.
A bill prepared for the upcoming legislative session sponsored by Rep. Chuck
Gray, R-Mesa, calls for mandatory jail time and offenders to attend a
court-ordered rehabilitation program. Currently, there are no state laws
governing the sentencing of those convicted of prostitute-related crimes.
(Dave notes but Phoenix and other cities have their own strict laws - Phoenix
calls for a first conviction minimum sentence of 15 consecutive days in prison
up to six months and a fine not to exceed $2500. For a 2nd conviction the
minimum is 30 consecutive days in prison up to six months and up to the same
$2500 fine)
"I want to try and help these folks, not just put them in jail and throw away
the key," Gray said Monday afternoon. Gray, a former police officer, said the
tougher penalties would chase prostitutes out of the state and save cities
police enforcement costs. The bill calls for a mandatory 30-day jail term for
first offenders. Second offenders would face 180 days in jail and be ordered to
complete a court mandated rehabilitation program. A third arrest could be
charged as a felony with punishment up to one year in prison. The law would
apply to prostitutes and their customers.
Gray said he worked to get a similar bill through the Legislature last year
after Mesa police conducted a large prostitution sting. That bill never left the
House because another state lawmaker didn't think cities had the money to
enforce the stricter law. Gray said there would be initial higher costs to
cities, but those would decline as prostitutes began leaving the state. He
modeled his bill after an already existing program in Phoenix that has had mixed
results.
Jimmy Hays, an assistant city attorney, said it’s unclear how successful the
Phoenix program works and whether it saves taxpayer money. He said nearly 75
percent of the prostitutes who complete the program are rehabilitated. However,
many prostitutes never finish it, he said. For customers of prostitutes,
however, the program is nearly 100 percent effective. (Dave notes -I bet many
are just more careful and find private providers instead of the risky streets)
Kathleen Mitchell, who serves as program services coordinator for the Dignity
program run by Catholic Social Services, said felony convictions make it harder
for prostitutes to begin new lives. Mitchell, a former prostitute, said tougher
penalties won't drive women from the streets. To do that, she said the state
needs to spend more on prevention and other types of social programs that help
reform prostitutes’ lifestyles. "This would be a horrible step backwards," she
said of the proposal.
List of Legislatures at http://www.azleg.state.az.us/MemberRoster.asp
Here is my response
To: Representative ___________
Re: Prostitution Sentencing
Why is there a need for tougher sentences for morality law violations? Shouldn't
there be a difference between public nuisance public prostitution and private
sexwork which is legal in almost all the world except the U.S.? Citizens are fed
up with wasting police resources on private consenting adult sexwork (term used
to differentiate between public prostitution which should be illegal).
Private consenting adult sexwork is very positive and healthy for a culture.
Arguments against private sexwork laws include:
Morality is not a basic for laws according to the Supreme Court Opinion in
Lawrence vs Texas. See
http://www.sexwork.com/legal/doublewin.html
Even in biblical times there was nothing immoral about "common prostitutes" only
the idolatry of the Temple prostitutes worshiping the fertility gods. See
Prostitution is not a biblical conflict -
http://sexwork.com/coalition/christian.html
The public does not want law enforcement money wasted on private consenting
adult prostitution. This was clear from the massive media reports from Sheriff
Joe's publicity stunt of massive arrests of November 2003 and all cases were
dismissed.
The U.S. is virtually the only country in the world that outlaws outcall private
consenting adult prostitution. Brothels have differing legal status (only one
girl per Flat in the U. K., to fully licensed brothels in Australia). Canada is
a close by example where like most of the world prostitution has never been
illegal, but rarely enforced restrictions on "bawdy houses" and pimping (living
of the avils). There are no significant health or social issues related to
private sexwork in most of the world. This has nothing whatsoever to do with
under aged or trafficking which is and should be illegal. But why should
consenting adult private outcall sexwork be a crime in Arizona when it is not
necessary to be outlawed in almost all of the rest of the world, except in the
U.S.? See What countries have legal prostitution at
http://www.sexwork.com/coalition/whatcountrieslegal.html
Outlawing or increasing penalties on prostitution does not reduce its
occurrence, only forces it more underground. It also discriminates against
social classes since more wealthy individuals have easier discrete access
including many government and police officials who enjoy discrete private
sexwork. Those less wealthy and unable to afford high priced defense attorney's
wind up having lives destroyed by convictions by participating in a victimless
crime based on morality laws unique to the United States vs. the rest of the
world.
Professional sexwork has never been a significant STD or public health issue
in the rest of the world. Professional private sexworkers almost always insist
on condoms and are very health aware. Private professional sexworkers are among
the safest outlets for the natural desire for sexual variety that men have
sought since the beginning of human history.
Professional private sexworkers are often highly educated women that choose
sexwork as a career. They are mostly independent women whose "crime" is
providing need pleasure and safe sexual release that has many social benefits.
Studies have shown that the more sexually repressed a culture the more violent
the culture. Sexwork results in less sexual crime per documented studies at
http://www.sexwork.com/coalition/lesscrime.html . See article BODY
PLEASURE AND THE ORIGINS OF VIOLENCE Sexworkers Could Help Make Less Violent and
Teach Intimacy Skills- More options for healthy physical sex would reduce
violence at
http://www.sexwork.com/subcontents/violence.html
For other reasons private consenting adult sexwork benefits a culture and should
be legal, not with increased penalties see 15 Reasons Why Prostitution is
Beneficial at
http://www.sexwork.com/coalition/15reasons.html
Even some Police Chiefs are against enforcement of prostitution laws. As former
Chief of Kansas City said, ""Which causes the more social harm, the prostitution
or the terrible consequences of making it illegal. The violence the corruption,
the spread of disease the lack of control, the blackmail the other consequences
of making this kind of behavior a crime. Most police officers that are candid
about this will tell you that what we do is kind of token enforcement. No one in
their right mind can believe we can stamp out prostitution. My feeling is that
it is not in the area of behavior that really can be controlled or should be
controlled by criminal laws. It's consensual conduct between two or more people.
It has been going on as long as recorded history. Trying to stop it by criminal
law has proven to be an enormous failure that has led to corruption, it has led
to violence, and it certainly has not lessened prostitution but probably made it
much less profitable" See more of his comments at
http://www.sexwork.com/coalition/PoliceChiefsView.html
Instead of increasing penalties for private consenting adult prostitution, there
is no honest need for the laws at all. There should be decriminalization, not
more penalties. This is very different than the situation regarding public
nuisance street hookers who are often involved in other crimes and public
prostitution should continue to be illegal as it is in most of the world.
As a private prostitute said, "It's absolutely ridiculous that it's an illegal
profession, because the guys I see are so normal and just want some company, to
see someone's "smile" and warmth...and of course the sex...usually they are not
getting elsewhere. I see this occupation as very healthy since it provides so
much to a man and the woman also. Not often can the man find the convenience of
a woman who is sexy and willing to cater undivided attention to his desires and
the woman able to fulfill her most needed financial desires. And both are
usually/hopefully smiling and happy with the experience...for myself, I am
elated to have someone so pleased with me, and also because I have usually made
his happiest part of the week or month...whatever it be. As the old saying goes
when someone has an awesome experience, "this should be a crime"...did someone
think that was meant to be literal??"
Sincerely,
"Dave in Phoenix"
Co-founder of Liberated Christians Promoting Positive Intimacy and Sexuality
Exposing Christian traditions that have no biblical basis.
http://www.libchrist.com
http://www.sexwork.com
http://www.sexworktoronto.com